From Barb, Director FedupFeds:
Here are final corrections
made to the rules (Final Order CFR) that were published on 11/25/98 that can be found on
our webpage at http://fedupfeds.org/changes.htm.
It's IMPORTANT to remember (this is a direct quote)-
"This final rule applies to cases where the injury or death occurred before the
effective date, but only when an initial decision on a particular issue is made on or
after the effective date. This final rule does not apply,however, to issues decided for
the first time in one of these cases before the effective date, even when such decision is
being reviewed after a hearing before an OWCP representative, on reconsideration before
OWCP, or on appeal to the Employees' Compensation Appeals Board (ECAB)."
In other words-it ONLY APPLIES to new cases. You can find the full text release
below.
These are the three areas where corrections appear to apply:
1) Forms CA-8 and CA-20a HAVE BEEN ELIMINATED, instead file Forms CA-7 and CA-20.(Secs.
10.7, 10.102, 10.112, and 10.331)
2) The CORRECT amount is 45 DAYS within which use of continuation of pay (COP) must
begin.( Sec. 10.215)
3) Tours of duty NO LONGER include a category for on-call employees. The reference to such
employees is therefore removed from this section. ( Sec. 10.216)
Don't forget to make these corrections to your copy. It always makes good sense to
have either a hard copy (you can make copies of the Federal Register at most libraries),
or an archived copy on your hard drive or backup disks. This way you can refer to it when
you can't sleep because of the pain. (Been there-done that ;-)) Better than sleeping
pills.
-------Barb
Knowledge is Power-Use It!
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63FR71201 Claims for Compensation Under the Federal Employees'
Compensation Act; Compensation for Disability and Death of Noncitizen
Federal Employees Outside the United States
Archive-Name: gov/us/fed/nara/fed-register/1998/dec/23/63FR71201
Posting-number: Volume 63, Issue 246, Page 71201
[Federal Register: December 23, 1998 (Volume 63, Number 246)]
[Rules and Regulations]
[Page 71201-71202]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de98-15]
[[Page 71201]]
_______________________________________________________________________
Part II
Department of Labor
_______________________________________________________________________
Office of Workers' Compensation Programs
_______________________________________________________________________
20 CFR Part 10
Claims for Compensation Under the Federal Employees' Compensation Act;
Compensation for Disability and Death of Noncitizen Federal Employees
Outside the United States; Final Rule
[[Page 71202]]
DEPARTMENT OF LABOR
Office of Workers' Compensation Programs
20 CFR Part 10
RIN 1215-AB07
Claims for Compensation Under the Federal Employees' Compensation
Act; Compensation for Disability and Death of Noncitizen Federal
Employees Outside the United States
AGENCY: Office of Workers' Compensation Programs, Labor.
ACTION: Correction to final rule.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final regulations,
which were published Wednesday, November 25, 1998 (63 FR 65284). The
regulations address the administration of the Federal Employees'
Compensation Act (FECA).
EFFECTIVE DATE: January 4, 1999.
FOR FURTHER INFORMATION CONTACT: Thomas M. Markey, Director for Federal
Employees' Compensation, Employment Standards Administration, U.S.
Department of Labor, Room S-3229, 200 Constitution Avenue N.W.,
Washington, D.C. 20210; Telephone (202) 693-0040.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
represent a complete revision of the regulations governing claims under
the FECA, which provides benefits to all civilian Federal employees and
certain other groups of employees and individuals who are injured or
killed while performing their jobs.
Need for Correction
As published, the final regulations contain the following errors:
Secs. 10.7, 10.102, 10.112, and 10.331. The program has
discontinued use of Forms CA-8 and CA-20a. In their stead, additional
Forms CA-7 and CA-20 are to be filed. These sections are corrected to
reflect this change.
Sec. 10.215. Through oversight, the reference to the number of days
within which use of continuation of pay must begin is stated
incorrectly.
Sec. 10.216. Tours of duty no longer include a category for on-call
employees. The reference to such employees is therefore removed from
this section.
Correction of Publication
Accordingly, the publication on November 25, 1998 of the final
regulations, which were the subject of FR Doc. 98-31190, is corrected
as follows:
Sec. 10.7 [Corrected]
1. On page 65311, in the second column, the chart in paragraph (a)
is corrected by removing item (10), CA-8, and item (14), CA-20a, and
renumbering current items (11) through (13) as (10) through (12).
Sec. 10.102 [Corrected]
2. On page 65313, in the first column, paragraph (b) is corrected
to read: ``Additional Forms CA-7 are used to claim
compensation for
additional periods of disability after the first Form CA-7 is submitted
to OWCP.'' In paragraphs (b)(1), (b)(2), and (b)(3), each iteration of
``CA-8'' is corrected to read ``CA-7''. In paragraph (b)(3), ``CA-20a''
is corrected to read ``CA-20''.
Sec. 10.112 [Corrected]
3. On page 65314, in the first column, paragraph (a) is corrected
by replacing ``Form CA-8'' with ``another Form CA-7''. In paragraph
(b), both iterations of ``CA-8'' are corrected to read ``CA-7''.
Sec. 10.215 [Corrected]
4. On page 65316, in the second column, paragraph (b) is corrected
by replacing ``30'' with ``45''.
Sec. 10.216 [Corrected]
5. On page 65316, in the third column, paragraph (b)(3) is
corrected by replacing the phrase ``For intermittent, seasonal and on-
call workers,'' with, ``For intermittent and seasonal workers,''
Sec. 10.331 [Corrected]
6. On page 65319, in the third column, the first sentence of
paragraph (a) is corrected to read: Form CA-16 may be used for the
initial medical report, while ``Form CA-20 may be used for the initial
report and for subsequent reports, including where continued
compensation is claimed.''
Signed at Washington, D.C., this 17th day of December, 1998.
Bernard E. Anderson,
Assistant Secretary for Employment Standards Administration.
T. Michael Kerr,
Deputy Assistant Secretary for Workers' Compensation.
[FR Doc. 98-33873 Filed 12-22-98; 8:45 am]
BILLING CODE 4510-27-P
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