Changes in CFR Final Rule http://www.dol.gov/dol/esa/public/regs/fedreg/final/98031190.htm
Claims for Compensation Under the Federal
Employees' Compensation Act; Compensation for Disability and Death of Noncitizen Federal
EmployeesOutside the United States; Final Rule [[Page 65284]] DEPARTMENT OF LABOR Office
of Workers' Compensation Programs
20 CFR Parts 10 and 25
RIN 1215-AB07
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SUMMARY: On December 23, 1997, the Department of Labor proposed revisions to the
regulations governing the administration of the Federal Employees' Compensation Act (FECA)
(62 FR 67120). The FECA provides benefits to all civilian Federal employees and certain
other groups of employees and individuals who are injured or killed while performing their
jobs.The proposed changes were summarized in that publication.
They contain a major revision of the medical fee schedule to include pharmacy and inpatient hospital bills.
Other significant new provisions address suspension of benefits during incarceration and termination of benefits for conviction of fraud
against the program; changes to the continuation of pay (COP) provisions; paying for an
attendant as a medical expense; inclusion of OWCP nurse services
in the definition of vocational rehabilitation services; clarifying the reconsideration
process; restricting entitlement to postpone oral hearings; clarification of subpoena authority; streamlining the standards for review of
representatives' fees; provision of more detailed guidance for claims involving the liability of a third party; and clarification of
procedures for claims filed by non-Federal law enforcement officers. Finally, in
light of comments received, the proposal to removeall references to leave repurchase has
been abandoned in favor of including a brief mention of this practice.
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, DC 20210; Telephone (202) 693-0040.
SUPPLEMENTARY INFORMATION: Proposed regulations were published in the Federal Register on December 23, 1997 (62 FR 67120). They
allowed a 60-day period for comment, during which the Department of Labor received timely
comments from 24 parties. Thirteen were submitted by Federal employing agencies, seven by
labor organizations which represent Federal employees, two by attorneys, one by a
physician, and one by a Department of Labor employee. Four untimely comments from Federal
employing agencies were also received; many of the points they made were also made by
other commenters.
Sec. 10.2 What do these regulations contain?
This part 10 sets forth the regulations governing administration of all claims filed under
the FECA, except to the extent specified in certain particular provisions. Its provisions
are intended to assist persons seeking compensation benefits under the FECA, as well as
personnel in the various Federal agencies and the Department of Labor who process claims
filed under the FECA or who perform administrative functions with respect to the FECA.
This part 10 applies to part 25 of this chapter except as modified by part 25.
The various subparts of this part contain the following:
(a) Subpart A: The general statutory and administrative framework for processing claims
under the FECA. It contains a statement of purpose and scope, together with definitions of
terms, descriptions of basic forms, information about the disclosure of OWCP records, and a description of
rights and penalties under the FECA, including convictions for fraud.
(b) Subpart B: The rules for filing notices of injury and claims for benefits under the
FECA. It also addresses evidence and burden of proof, as well as the process of making
decisions concerning eligibility for benefits.
(c) Subpart C: The rules governing claims for and payment of continuation of pay.
(d) Subpart D: The rules governing emergency and routine medical
care, second opinion and referee
medical examinations directed by OWCP, and medical reports
and records in general. It also addresses the kinds of treatment which may be
authorized and how medical bills are paid.
(e) Subpart E: The rules relating to the payment of monetary compensation benefits for
disability, impairment and death. It includes the provisions for identifying and
processing overpayments of compensation.
(f) Subpart F: The rules governing the payment of continuing compensation benefits. It
includes provisions concerning the employee's and the employer's responsibilities in
returning the employee to work. It also contains provisions governing reports of earnings
and dependents, recurrences, and reduction and termination of compensation benefits.
(g) Subpart G: The rules governing the appeals of decisions
under the FECA. It includes provisions relating to hearings, reconsiderations, and appeals
before the Employees' Compensation Appeals Board.
(h) Subpart H: The rules concerning legal representation
and for adjustment and recovery from a third party. It also contains provisions relevant
to three groups of employees whose status requires special application of the provisions
of the FECA: Federal grand and petit jurors, Peace Corps volunteers, and non-Federal law
enforcement officers.
(i) Subpart I: Information for medical
providers. It includes rules for medical reports, medical bills, and the OWCP medical
fee schedule, as well as the provisions for exclusion of medical providers.
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