[w]ith more comprehensive use of nurse services, and attention to these [initial periods of disability], the FEC nurse program helped the office resolve 73 percent of disability cases within one year of the datethat disability began. Several offices began to meet the second goal, that of resolving 90 percent within two years.(*163)

However, what does the term "resolved' mean? Although nurses are required to follow the injured employee's progress for a period of 60 days, DFEC has not reported what this monitoring reveals. Furthermore, DFEC does not report how many of these "resolutions" were successful, i.e., how many of these return-to-work efforts were sustained on appeal and how many injured workers actually remain employed. The return to work success could be measured by determining how many of the Claimant receiving early nurse intervention services suffer a recurrence of disability. Similarly, it would be worthwhile to know how many Claimants actually find early nurse intervention to be better service since this is one of the reasons DFEC implemented the process.(*164)

workers' compensation, which form parts of the foundation of general principles relied upon in the application and interpretation of the Act. The Office applies the provision of the Act applicable in respect to a particular case or situation, to the extent that such provision can readily be applied without extrinsic aid, but where such aid is necessary the source thereof is the body of principles embodied in authoritative decisions of the courts and the ECAB within such well-recognized branch of the law.

     DFEC proposes to drop this language as unnecessary.(*167) DFEC wants to further divorce itself from the general concept of workers' compensation and the equitable principles which form the basis for this remedial social covenant.

     As noted above, injured employees are not given enough time to submit necessary information. As a result their claims are prematurely denied and this results in an inevitable remand. The current regulations state

If a Claimant initially submits supportive factual and/or medical evidence which is not sufficient to carry the burden of proof, the Office will inform the Claimant of the defects in proof and grant at least 30 calendar days for the Claimant to submit the evidence required to submit the evidence required to meet the burden of proof.(*168)

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If the Claimant submits factual evidence, medical evidence, or both, but OWCP determines that this evidence is not sufficient to meet the burden of proof, OWCP will inform the employee of the additional evidence needed. The Claimant will be allowed up to 30 calendar days to submit the evidence required.(*169)

Where 30 days had been the minimum time period allowed for the submission of evidence, it has now become the maximum. As noted above, it does not appear reasonable to grant injured employees less time to submit evidence when they already have insufficient time.

     Similarly, when DFEC intends to reduce or terminate benefits, the proposed regulations state

The proposed regulations further state: "OWCP will not grant any request for an extension of this 30-day period."(*171)

     With respect to the development of evidence, DFEC has chosen to neglect its obligation to see that justice is done by sharing in the burden of going forward with the evidence, In the preamble to its proposed regulations DFEC states:

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The discussion of development of claims by OWCP found in current § 10.110(b) has been omitted from the proposed regulations. This discussion has proven to be misleading, and was mistakenly assumed to be a commitment by OWCP to undertake development, despite the fact that it only describes what OWCP may, on an ad hoc basis, do even though the burden of proof to establish the elements of the claim is on the Claimant at all times.(*172)

The FECA is remedial legislation and DFEC is charged with insuring that injured employees are treated in a fair and equitable manner. Since proceedings under the FECA are not adversarial, principles of equity demand that DFEC not act as a disinterested arbiter but assist Claimants with the development of their claims. This assistance does not replace the Claimant's ultimate burden of persuasion but represents DFEC's duty to see that justice is done,

     In addition to stiffening a Claimant's burden of persuasion, DFEC has eliminated its own burden of proof for rescinding acceptance of claims. It is well established by ECAB case law that once DFEC accepts a claim, it has the burden of justifying termination of modification of compensation. (*173) This holds true where DFEC later decides that it has erroneously accepted a claim for compensation. To justify rescission of acceptance, DFEC must establish that its prior acceptance was erroneous based on new or different evidence or through new legal argument and/or rationale.(*174)

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erroneous through new or different evidence and that it is not merely second-guessing the initial set of adjudicating officials." In Roseanna Brennan(*176) the ECAB indicated that DFEC was obliged to "[introduce] new evidence, legal arguments, and rationale which justify its rescission" of the prior acceptance. In Beth A. Quimby(*177) the ECAB stated: "to justify a rescission of acceptance of a claim, [DFEC] must show that it based its decision on new evidence, legal arguments and/or rationale.'

     The proposed regulations eliminate this requirement noting: "[the ECAB reached [its] conclusion without specifying any statutory or regulatory basis for this limitation. Its only rationale was its opinion that reopening a decision should not become a surreptitious route for OWCP to readjudicate a claim."(*178) DFEC states that the proposed regulation "adopts the long-standing position of the Director [OWCP] that the plain language of section 8128(a) authorizes the Director, without pre-condition, to review a decision "at any time."