 denotes special
FedupFeds topic pages |
| CFR authority |
See TITLE
20 CHAPTER 1 SUBCHAPTER B PART 10 Subpart C -- Continuation
of Pay & Subpart E -- Compensation and Related Benefits
& Subpart F -- Continuing Benefits. |
| COP Continuation of Pay |
Continuation of pay (COP) is allowed for up to 45 days in
traumatic injury (CA-1), but not in occupational illness/disease (CA-2). But you
have to check COP instead of leave on your CA-1 to begin with, and probably fill out
something else at work for it also. Some rules on COP are found in the CA-550 in # 34, # 55, # 64.
It gives some rules on the use of leave and COP in # 53 - # 58
(leave buy-back applies to Occupational Illness claims). More on COP is explained in
the CA-810
Chapter 5, including 5-3 Controversion, and circumstances for not paying COP, and light duty and recurrences. In 5-8
it lists the conditions for ending COP. See
also "COP—traumatic
on-the-job injuries" from Bert Doyle, NALC, and "Improper controversion/termination of
COP" - Bert Doyle, NALC. See also Family and Medical Leave Act. Before COP runs out in 45 days, you use form CA-7.
How to use it, and when, is explained simply at OWCP Region IV,
and reprinted below. See TRAP # 6 below. See FECA Bulletin 99-18 about new CA-7.
|
| Compensation |
The CA-810
Chapter 7 covers compensation pay and benefits, including dual benefits, shedule
awards, and death. In the FECA see 8116
Limitations on right to receive compensation, 8105
Total disability, 8106
Partial disability, 8107
Compensation schedule, 8110
Augmented compensation for dependents, 8114
Computation of pay, 8115
Determination of wage-earning capacity, 8116
Limitations on right to receive compensation, 8118
Election to use annual or sick leave. See basics on compensation pay in CA-550 # 46- # 49.
When comp begins, 3-day waiting period is in
CA-550 #
55. Look carefully at their reasons for ending
compensation payments, in CA-550 # 91.
Deductions from COP and comp payments are found in CA-550 # 64+.
Calculating comp payments is in CA-550 # 72+
. Return at a lower rate of pay CA-550 # 84.
Health & life insurance questions are in
CA-550 #
46 and # 65.
The Election
of benefits, OPM, VA, Civil Service,SS is in CA-550 # 103+.
|
| Terminating Compensation |
See also "Understanding compensation benefits"
- Bert Doyle, NALC, and "Reporting employment to OWCP"
- Bert Doyle, NALC ("Failure to report employment or to understate earnings while in receipt of OWCP compensation
benefits can result in extremely serious if not devastating problems").
See relevant ECAB rulings on terminating compensation in
ECABS See also Zeelander on long-term OWCP problems |
| TRAP
# 6: not getting CA-7 processed before COP 45 days runs out |
The important timing, to avoid interrupting
pay, is to make sure your agency gets the CA-7 to OWCP District Office
before the 40th day of COP, not AFTER COP runs out. See OWCP Region IV instructions
below. It's good for up to 30 days. The doctor's report CA-20
goes with it. The CA-7 and CA-20 have to be resubmitted for every
additional period off work, or as often as OWCP wants them.
| TRAP
# 7: not reporting all outside employment income when asked on the forms |
Reporting employment income to OWCP
- Bert Doyle, NALC
"Failure to report employment or to understate earnings while in receipt of OWCP
compensation benefits can result in extremely serious if not devastating problems"
| TRAP
# 8: not doing all the things you have to do to keep COP or compensation pay coming |
The CA-810 in 5-3
lists the circumstances for not paying COP,
and in 5-8 it lists the conditions for ending COP.
Look carefully at the reasons they can use for ending compensation payments, in CA-550 # 91.
See also Zeelander on long-term OWCP problems |
ATTENTION:
"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 and other changes
to regulations are found in this site in CFR Changes and in
CFR Final. They were effective Jan 4 1999. |
(This is from OWCP Region IV)
Compensation for Temporary Total Disability
If you lose, or expect to lose, pay (beyond 45 days for traumatic injury) because of your
injury, you should:
Obtain Form CA-7, Claim for Compensation on Account of Traumatic Injury or Occupational
Disease, from your employing agency.
Complete the front of the form (Part A). In box 6, you may claim the period that your
doctor thinks you will be disabled for work, or until your next medical appointment, up to
30 days of wage loss into the future.
Give the form to your supervisor or injury compensation specialist for completion of the
back of the form (Part B). To minimize any interruption of income, your employing agency
should submit the completed Form CA-7 to the FEC District Office on the 40th day of COP
and should include any medical evidence in its possession concerning the injury.
If you continue to lose pay because of work-related disability after the dates claimed on
Form CA-7, you should:
Obtain and complete Form CA-8, Claim for Continuing Compensation on Account of Disability.
Ask your physician to complete Form CA-20a, Attending Physician's Supplemental Report
(attached to Form CA-8), unless medical evidence supporting disability for the period
claimed has already been submitted.
Give Forms CA-8 and CA-20a to your supervisor or injury compensation specialist for
submission to OWCP, preferably about 5 days before the end of the period claimed on Form
CA-7.
If disability continues, submit additional Forms CA-8 (and Forms CA-20a if needed) through
your employer for each period claimed, unless OWCP informs you otherwise.
Compensation is based on 2/3 of your salary (including premiums such as night pay and
Sunday pay, but not overtime) if there are no dependents, or 3/4 of your salary with
dependents.
If leave was used for time lost from work due to injury, it may be possible to repurchase
the leave by filing a Form CA-7 or CA-8, as described above. Both compensation and leave
cannot be paid for the same period. Leave used must be repaid to the employing agency. Any
compensation due is usually paid to the employing agency to help repay the leave, and the
remaining difference is paid by the injured worker. Please keep in mind that leave is 100%
of pay, and compensation is only 3/4 or 2/3, and the difference must be paid out-of-pocket
by the injured worker. |
|
