Appeals and hearings - OWCP --
ECAB
|
See also DOL-OWCP  |
|
Appeal
basics - hearing, reconsideration, ECAB - CA-550 # 120-121
See Hearing in CFR changes |
See 20 CFR
... PART 10 Subpart G -- Appeals Process
See Hearings
in FECA PM, Subpoenas
in FECA PM & Expert witnesses in §
10.620 Who pays the costs associated with subpoenas? |
| Clickable U.S. map for OWCP District Offices |
| Definitions of
dates relevant to the counting of OWCP Claims |
| ECAB records maintenance regulations
from National Archives and Records Administration |
| Selected ECAB decisions |
|
See Cutler rule and McEuen exceptions in ECAB decisions on stress
claims |
See Cause of Injury by .H.L. Graham, atty. for analysis of ECABS
on how much the work needs to contribute to the condition to be compensable.
Important to furnish to doctor for preparing statement on cause of injury. |
| IMEs
Fact of Injury Fitness-for-duty Medical Evidence in General |
|
Non-adversarial Relationship & Due
Process Occupational Illness |
|
Reconsiderations Recurrences Scope of Employment |
|
Stress Related Disability Temporary Aggravation |
|
Terminating Compensation |
| ECABDECS,
ECABALL |
| ECAB
Headnotes Volumes 39-44 |
| ECAB
Decisions Volume 44 |
| ECAB
Decisions Volume 45 and following |
| ECAB
decisions 1994-1997 |
| ECAB - Appeals |
| CFR 20
Parts 500-599, Chapter IV - Employees'
Compensation Appeals Board |
| Appeals
before the ECAB - Bert Doyle, NALC |
| SOAF
(statement of accepted facts) |
| "Oral hearings and reviews of the
written record" - Bert Doyle, NALC (3-part article, nuts & bolts of hearings) |
| "Reconsiderations"
- Bert Doyle, NALC Reconsideration in
CFR changes |
| Representation
See Representation |
| Written
review See CFR changes |
|
| CA manuals/publications
(OWCP) |
|
See also DOL-OWCP page |
|
Pub. CA-11
"When Injured at Work -- Information Guide for Federal Employees" |
| CA-550
QUESTIONS AND ANSWERS CONCERNING BENEFITS OF THE FEDERAL EMPLOYEES' COMPENSATION ACT
(FECA) |
| CA-810
Injury Compensation for Federal Employees -- A Handbook for Employing Agency Personnel |
| FECA
procedure manual Part 2 - Claims |
| FECA
procedure manual Part 3 - Medical |
|
| Disability retirement |
See Disability Retirement in Retirement |
| Discrimination |
See Disability Resources See Disability
Discrimination
EEOC (Equal Employment Opportunity Commission) |
| Laws |
See Laws and Legal Resources |
| MSPB Merit System Protection Board |
|
See also RIFs |
|
MSPB home page |
| See Writing the Formal Pleading,
Steve Burt, very professional |
MSPB course
online, from Steve Burt, Michigan State Letter Carriers - (while designed for
USPS, most is applicable and highly informative for all federal workers. These are his
chapter summaries - webmaster)
|
Chapter 1 of this course reproduces and explains initial rights and their implications for
representation. This chapter discusses initial representation issues leading up to the
Letter of Decision, including how to maximize compensation for the grievant and how to use
MSPB procedure to develop technical arguments that may assist in settlement.
Chapter 2 discusses the challenges of actual representation of
preference eligible veterans before the administrative law judges of the Merit Systems
Protection Board. These procedures are defined under 5 CFR § 1201-1203, the appeal rights
and MSPB appeal form. Click MSPB to link to the MSPB web site for a current copy of the
MSPB Appeal - Optional Form 283, and for case precedents and informational reports.
Chapter 3 introduces retirement appeal rights under the MSPB.
These rights are not at all well known. Any letter carrier whose application for
retirement has been denied by the Office of Personnel Management (OPM) may appeal the
final decision of that agency to the Merit Systems Protection Board. Such appeals can
arise when a disability retirement
application has been rejected or when a request to OPM for reconsideration has been deemed
by OPM to be untimely filed. The
retirement appeal rights available to all federal workers are found in 5 CFR §§
831.109-110 and 5 CFR §§ 841.306-8, which are discussed in Chapter 3 of this text.
Chapter 4 introduces appealable issues arising from refusal of
the Postal Service to reinstate a former employee following a period on the rolls of OWCP.
These rights are not at all well known. Any letter carrier refused reinstatement to the
United States Postal Service following a prolonged absence on the roles of the Office of
Workers' Compensation Programs, whether still on the Postal Service roles or not, may also
appeal this decision of the Postal Service to the MSPB. Chapter 546.65 of the Employee and
Labor Relations Manual (ELM), Management's Refusal to Reemploy, explains the procedural
requirements facing the employer in such cases. For purposes of information, ELM § 546.65
is reproduced with discussion in Chapter 4 of this paper.
Chapter 5 introduces technical material to assist the advocate in
coping with the highly formal requirements for submission of case
contents before the Merit Systems Protection Board.
See Appropriateness
of Penalty -- The Douglas Factors, Writing the Formal Pleading,
MSPB Changes Stance on
Firm Choice Settlements,
MSPB Favorable Decision on FMLA
|
|
| Introduction to MSPB from FPMI |
| Q & A from MSPB |
| Restoration Rights of Federal Employees Who
Sustain Job-Related Injuries or Illnesses OPM Fact Sheet |
| 5 CFR Ch. II Part 1200
to end, includes MSPB |
5 CFR II--MSPB
SUBCHAPTER A--ORGANIZATION AND PROCEDURES
PART 1201--PRACTICES AND
PROCEDURES |
| Appellate
jurisdiction, who may appeal |
| MSPB material material duplicated on
NALC site (note disclaimer) |
| MSPB search |
| Reduction in Force Appeals Case Finder Merit Systems
Protection Board and Federal Court Decisions |
| Personnet Databases - Merit
Systems Protection Board (MSPB) downloadable demo, subscription only |
| MSPB CHARGES & PENALTIES from Dewey
Publications |
|
| Records and files |
See also FOIA Freedom of Information Act and Privacy Act
in
Laws and Legal Resources page |
|
CFR 20 Part 10 Subpart A - 10.12 - Obtaining
your OWCP file, correcting records in it |
|
CA-810 1-5 Information
and Records
CA-810 Chapter 4. Processing
Claims
4-1. Administrative Matters a. Initial Handling. b. Obtaining
Information. ....
"Under the Privacy Act, the employee or representative is
entitled to receive one copy of the case file from OWCP free of charge; additional copies
will be sent at a cost of $.10 per page. It is not necessary to request the records under
the Freedom of Information Act. Ordinarily, a complete copy of the record is sent directly
to the requestor; occasionally, if sensitive medi\cal information is involved, the
district office will choose to forward the medical reports to a physician of the
employee's choice so that the contents may be properly interpreted to the employee.
Sensitive medical information may be released to the employee's representative, with the
proviso that it not be disclosed to the employee, without the attending physician's
permission." |
|
Medical records confidentiality
American
Medical Association Opinions & Standards,
Confidentiality:
Computers, Part 507
American
Medical Association Opinions & Standards, Disclosure of
Records to Data Collection Companies,
Part 5.075 |
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