Section 10.0
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What rules govern the administration of the FECA and this chapter? |
Section 10.1
|
What do these regulations contain? |
Section 10.2
|
Have the collection of information requirements of this part been approved by the Office of Management and Budget (OMB)? |
Section 10.3
|
What definitions apply to the regulations in this subchapter? |
Section 10.5
|
What special statutory definitions apply to dependents and survivors? |
Section 10.6
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What forms are needed to process claims under the FECA? |
Section 10.7
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Are all documents relating to claims filed under the FECA considered confidential? |
Section 10.10
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Who maintains custody and control of FECA records? |
Section 10.11
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How may a FECA claimant or beneficiary obtain copies of protected records? |
Section 10.12
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What process is used by a person who wants to correct FECA-related documents? |
Section 10.13
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May compensation rights be waived? |
Section 10.15
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What criminal and civil penalties may be imposed in connection with a claim under the FECA? |
Section 10.16
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Is a beneficiary who defrauds the Government in connection with a claim for benefits still entitled to those |
Section 10.17
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Can a beneficiary who is incarcerated based on a felony conviction still receive benefits? |
Section 10.18
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How and when is a notice of traumatic injury filed? |
Section 10.100
|
How and when is a notice of occupational disease filed? |
Section 10.101
|
How and when is a claim for wage loss compensation filed? |
Section 10.102
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How and when is a claim for permanent impairment filed? |
Section 10.103
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How and when is a claim for recurrence filed? |
Section 10.104
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How and when is a notice of death and claim for benefits filed? |
Section 10.105
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What should the employer do when an employee files a notice of traumatic injury or occupational disease? |
Section 10.110
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What should the employer do when an employee files an initial claim for compensation due to disability or permanent |
Section 10.111
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What should the employer do when an employee files a claim for continuing compensation due to disability? |
Section 10.112
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What should the employer do when an employee dies from a work-related injury or disease? |
Section 10.113
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What evidence is needed to establish a claim? |
Section 10.115
|
What additional evidence is needed in cases based on occupational disease? |
Section 10.116
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What happens if, in any claim, the employer contests any of the facts as stated by the claimant? |
Section 10.117
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Does the employer participate in the claims process in any other way? |
Section 10.118
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What action will OWCP take with respect to information submitted by the employer? |
Section 10.119
|
May a claimant submit additional evidence? |
Section 10.120
|
What happens if OWCP needs more evidence from the claimant? |
Section 10.121
|
How does OWCP determine entitlement to benefits? |
Section 10.125
|
What does the decision contain? |
Section 10.126
|
To whom is the decision sent? |
Section 10.127
|
What is continuation of pay? |
Section 10.200
|
What conditions must be met to receive COP? |
Section 10.205
|
May an employee who uses leave after an injury later decide to use COP instead? |
Section 10.206
|
May an employee who returns to work, then stops work again due to the effects of the injury, receive COP? |
Section 10.207
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What are the employee's responsibilities in COP cases? |
Section 10.210
|
What are the employer's responsibilities in COP cases? |
Section 10.211
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How does OWCP compute the number of days of COP used? |
Section 10.215
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How is the pay rate for COP calculated? |
Section 10.216
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Is COP charged if the employee continues to work, but in a different job that pays less? |
Section 10.217
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When is an employer not required to pay COP? |
Section 10.220
|
How is a claim for COP controverted? |
Section 10.221
|
When may an employer terminate COP which has already begun? |
Section 10.222
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Are there other circumstances under which OWCP will not authorize payment of COP? |
Section 10.223
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What happens if OWCP finds that the employee is not entitled to COP after it has been paid? |
Section 10.224
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What are the basic rules for authorizing emergency medical care? |
Section 10.300
|
May the physician designated on Form CA-16 refer the employee to another medical specialist or medical facility? |
Section 10.301
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Should the employer authorize medical care if he or she doubts that the injury occurred, or that it is work-related? |
Section 10.302
|
Should the employer use a Form CA-16 to authorize medical testing when an employee is exposed to a workplace hazard |
Section 10.303
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Are there any exceptions to these procedures for obtaining medical care? |
Section 10.304
|
What are the basic rules for obtaining medical care? |
Section 10.310
|
What are the special rules for the services of chiropractors? |
Section 10.311
|
What are the special rules for the services of clinical psychologists? |
Section 10.312
|
Will OWCP pay for preventive treatment? |
Section 10.313
|
Will OWCP pay for the services of an attendant? |
Section 10.314
|
Will OWCP pay for transportation to obtain medical treatment? |
Section 10.315
|
After selecting a treating physician, may an employee choose to be treated by another physician instead? |
Section 10.316
|
Can OWCP require an employee to be examined by another physician? |
Section 10.320
|
What happens if the opinion of the physician selected by OWCP differs from the opinion of the physician selected by the |
Section 10.321
|
Who pays for second opinion and referee examinations? |
Section 10.322
|
What are the penalties for failing to report for or obstructing a second opinion or referee examination? |
Section 10.323
|
May an employer require an employee to undergo a physical examination in connection with a work-related injury? |
Section 10.324
|
What are the requirements for medical reports? |
Section 10.330
|
How and when should the medical report be submitted? |
Section 10.331
|
What additional medical information will OWCP require to support continuing payment of benefits? |
Section 10.332
|
What additional medical information will OWCP require to support a claim for a schedule award? |
Section 10.333
|
How are medical bills submitted? |
Section 10.335
|
What are the time frames for submitting bills? |
Section 10.336
|
If an employee is only partially reimbursed for a medical expense, must the provider refund the balance of the amount |
Section 10.337
|
What is total disability? |
Section 10.400
|
When and how is compensation for total disability paid? |
Section 10.401
|
What is partial disability? |
Section 10.402
|
When and how is compensation for partial disability paid? |
Section 10.403
|
When and how is compensation for a schedule impairment paid? |
Section 10.404
|
Who is considered a dependent in a claim based on disability or impairment? |
Section 10.405
|
What are the maximum and minimum rates of compensation in disability cases? |
Section 10.406
|
Who is entitled to compensation in case of death, and what are the rates of compensation payable in death cases? |
Section 10.410
|
What are the maximum and minimum rates of compensation in death cases? |
Section 10.411
|
Will OWCP pay the costs of burial and transportation of the remains? |
Section 10.412
|
May a schedule award be paid after an employee's death? |
Section 10.413
|
What reports of dependents are needed in death cases? |
Section 10.414
|
What must a beneficiary do if the number of beneficiaries decreases? |
Section 10.415
|
How does a change in the number of beneficiaries affect the amount of compensation paid to the other beneficiaries? |
Section 10.416
|
What reports are needed when compensation payments continue for children over age 18? |
Section 10.417
|
How are cost-of-living adjustments applied? |
Section 10.420
|
May a beneficiary receive other kinds of payments from the Federal Government concurrently with compensation? |
Section 10.421
|
May compensation payments be issued in a lump sum? |
Section 10.422
|
May compensation payments be assigned to, or attached by, creditors? |
Section 10.423
|
May someone other than the beneficiary be designated to receive compensation payments? |
Section 10.424
|
May compensation be claimed for periods of restorable leave? |
Section 10.425
|
How does OWCP notify an individual of a payment made? |
Section 10.430
|
What does OWCP do when an overpayment is identified? |
Section 10.431
|
How can an individual present evidence to OWCP in response to a preliminary notice of an overpayment? |
Section 10.432
|
Under what circumstances can OWCP waive recovery of an overpayment? |
Section 10.433
|
If OWCP finds that the recipient of an overpayment was not at fault, what criteria are used to decide whether to |
Section 10.434
|
Is an individual responsible for an overpayment that resulted from an error made by OWCP or another Government agency? |
Section 10.435
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Under what circumstances would recovery of an overpayment defeat the purpose of the FECA? |
Section 10.436
|
Under what circumstances would recovery of an overpayment be against equity and good conscience? |
Section 10.437
|
Can OWCP require the individual who received the overpayment to submit additional financial information? |
Section 10.438
|
What is addressed at a pre-recoupment hearing? |
Section 10.439
|
How does OWCP communicate its final decision concerning recovery of an overpayment, and what appeal right |
Section 10.440
|
How are overpayments collected? |
Section 10.441
|
What are the basic rules governing continuing receipt of compensation benefits and return to work? |
Section 10.500
|
What medical evidence is necessary to support continuing receipt of compensation benefits? |
Section 10.501
|
How does OWCP evaluate evidence in support of continuing receipt of compensation benefits? |
Section 10.502
|
Under what circumstances may OWCP reduce or terminate compensation benefits? |
Section 10.503
|
What actions must the employer take? |
Section 10.505
|
May the employer monitor the employee's medical care? |
Section 10.506
|
How should the employer make an offer of suitable work? |
Section 10.507
|
May relocation expenses be paid for an employee who would need to move to accept an offer of reemployment? |
Section 10.508
|
If an employee's light duty job is eliminated due to downsizing, what is the effect on compensation? |
Section 10.509
|
When may a light duty job form the basis of a loss of wage-earning capacity determination? |
Section 10.510
|
How may a loss of wage-earning capacity determination be modified? |
Section 10.511
|
What actions must the employee take with respect to returning to work? |
Section 10.515
|
How will an employee know if OWCP considers a job to be suitable? |
Section 10.516
|
What are the penalties for refusing to accept a suitable job offer? |
Section 10.517
|
Does OWCP provide services to help employees return to work? |
Section 10.518
|
What action will OWCP take if an employee refuses to undergo vocational rehabilitation? |
Section 10.519
|
How does OWCP determine compensation after an employee completes a vocational rehabilitation program? |
Section 10.520
|
If an employee elects to receive retirement benefits instead of FECA benefits, what effect may such an election have |
Section 10.521
|
What information must the employee report? |
Section 10.525
|
Must the employee report volunteer activities? |
Section 10.526
|
Does OWCP verify reports of earnings? |
Section 10.527
|
What action will OWCP take if the employee fails to file a report of activity indicating an ability to work? |
Section 10.528
|
What action will OWCP take if the employee files an incomplete report? |
Section 10.529
|
How are dependents defined, and what information must the employee report? |
Section 10.535
|
What is the penalty for failing to submit a report of dependents? |
Section 10.536
|
What reports are needed when compensation payments continue for children over age 18? |
Section 10.537
|
When and how is compensation reduced or terminated? |
Section 10.540
|
What action will OWCP take after issuing written notice of its intention to reduce or terminate compensation? |
Section 10.541
|
How can final decisions of OWCP be reviewed? |
Section 10.600
|
What is reconsideration? |
Section 10.605
|
How does a claimant request reconsideration? |
Section 10.606
|
What is the time limit for requesting reconsideration? |
Section 10.607
|
How does OWCP decide whether to grant or deny the request for reconsideration? |
Section 10.608
|
How does OWCP decide whether new evidence requires modification of the prior decision? |
Section 10.609
|
What is a review by the Director? |
Section 10.610
|
What is a hearing? |
Section 10.615
|
How does a claimant obtain a hearing? |
Section 10.616
|
How is an oral hearing conducted? |
Section 10.617
|
How is a review of the written record conducted? |
Section 10.618
|
May subpoenas be issued for witnesses and documents? |
Section 10.619
|
Who pays the costs associated with subpoenas? |
Section 10.620
|
What is the employer's role when an oral hearing has been requested? |
Section 10.621
|
May a claimant or representative withdraw a request for or postpone a hearing? |
Section 10.622
|
What kinds of decisions may be appealed? |
Section 10.625
|
Who has jurisdiction of cases on appeal to the ECAB? |
Section 10.626
|
May a claimant designate a representative? |
Section 10.700
|
Who may serve as a representative? |
Section 10.701
|
How are fees for services paid? |
Section 10.702
|
How are fee applications approved? |
Section 10.703
|
What penalties apply to representatives who collect a fee without approval? |
Section 10.704
|
When must an employee or other FECA beneficiary take action against a third party? |
Section 10.705
|
How will a beneficiary know if OWCP or SOL has determined that action against a third party is required? |
Section 10.706
|
What must a FECA beneficiary who is required to take action against a third party do to satisfy the requirement |
Section 10.707
|
Can a FECA beneficiary who refuses to comply with a request to assign a claim to the United States or to prosecute |
Section 10.708
|
What happens if a beneficiary directed by OWCP or SOL to take action against a third party does not believe that a claim |
Section 10.709
|
Under what circumstances must a recovery of money or other property in connection with an injury or death for which benefits |
Section 10.710
|
How is the amount of the recovery of the FECA beneficiary determined? |
Section 10.711
|
How much of any settlement or judgment must be paid to the United States? |
Section 10.712
|
How is a structured settlement (that is, a settlement providing for receipt of funds over a specified period of time) |
Section 10.713
|
What amounts are included in the refundable disbursements? |
Section 10.714
|
Is a beneficiary required to pay interest on the amount of the refund due to the United States? |
Section 10.715
|
If the required refund is not paid within 30 days of the request for repayment, can it be collected from payments due under |
Section 10.716
|
Is a settlement or judgment received as a result of allegations of medical malpractice in treating an injury covered by |
Section 10.717
|
Are payments to a beneficiary as a result of an insurance policy which the beneficiary has purchased a gross recovery that |
Section 10.718
|
If a settlement or judgment is received for more than one wound or medical condition, can the refundable disbursements paid on |
Section 10.719
|
When is a Federal grand or petit juror covered under the FECA? |
Section 10.725
|
When does a juror's entitlement to disability compensation begin? |
Section 10.726
|
What is the pay rate of jurors for compensation purposes? |
Section 10.727
|
What are the conditions of coverage for Peace Corps volunteers and volunteer leaders injured while serving outside |
Section 10.730
|
What is the pay rate of Peace Corps volunteers and volunteer leaders for compensation purposes? |
Section 10.731
|
When is a non-Federal law enforcement officer (LEO) covered under the FECA? |
Section 10.735
|
What are the time limits for filing a LEO claim? |
Section 10.736
|
How is a LEO claim filed, and who can file a LEO claim? |
Section 10.737
|
Under what circumstances are benefits payable in LEO claims? |
Section 10.738
|
What kind of objective evidence of a potential Federal crime must exist for coverage to be extended? |
Section 10.739
|
In what situations will OWCP automatically presume that a law enforcement officer is covered by the FECA? |
Section 10.740
|
How are benefits calculated in LEO claims? |
Section 10.741
|
How do providers enroll with OWCP for authorizations and billing? |
Section 10.800
|
How are medical bills to be submitted? |
Section 10.801
|
How should an employee prepare and submit requests for reimbursement for medical expenses, transportation costs, loss of |
Section 10.802
|
What are the time limitations on OWCP's payment of bills? |
Section 10.803
|
What services are covered by the OWCP fee schedule? |
Section 10.805
|
How are the maximum fees defined? |
Section 10.806
|
How are payments for particular services calculated? |
Section 10.807
|
Does the fee schedule apply to every kind of procedure? |
Section 10.808
|
How are payments for medicinal drugs determined? |
Section 10.809
|
How are payments for inpatient medical services determined? |
Section 10.810
|
When and how are fees reduced? |
Section 10.811
|
If OWCP reduces a fee, may a provider request reconsideration of the reduction? |
Section 10.812
|
If OWCP reduces a fee, may a provider bill the claimant for the balance? |
Section 10.813
|
What are the grounds for excluding a provider from payment under the FECA? |
Section 10.815
|
What will cause OWCP to automatically exclude a physician or other provider of medical services and supplies? |
Section 10.816
|
How are OWCP's exclusion procedures initiated? |
Section 10.817
|
How is a provider notified of OWCP's intent to exclude him or her? |
Section 10.818
|
What requirements must the provider's answer and OWCP's decision meet? |
Section 10.819
|
How can an excluded provider request a hearing? |
Section 10.820
|
How are hearings assigned and scheduled? |
Section 10.821
|
How are subpoenas or advisory opinions obtained? |
Section 10.822
|
How will the administrative law judge conduct the hearing and issue the recommended decision? |
Section 10.823
|
How does the recommended decision become final? |
Section 10.824
|
What are the effects of exclusion? |
Section 10.825
|
How can an excluded provider be reinstated? |
Section 10.826
|
What is the death gratuity under this subpart? |
Section 10.900
|
Which employees are covered under this subpart? |
Section 10.901
|
Does every employee's death due to injuries incurred in connection with his or her service with an Armed Force in a |
Section 10.902
|
Is the death gratuity payment applicable retroactively? |
Section 10.903
|
Does a death as a result of occupational disease qualify for payment of the death gratuity? |
Section 10.904
|
If an employee incurs a covered injury in connection with his or her service with an Armed Force in a contingency |
Section 10.905
|
What special statutory definitions apply to survivors under this subpart? |
Section 10.906
|
What order of precedence will OWCP use to determine which survivors are entitled to receive the death gratuity payment |
Section 10.907
|
Can an employee designate alternate beneficiaries to receive a portion of the death gratuity payment? |
Section 10.908
|
How does an employee designate a variation in the order or percentage of gratuity payable to survivors and how does the |
Section 10.909
|
What if a person entitled to a portion of the death gratuity payment dies after the death of the covered employee but |
Section 10.910
|
How is the death gratuity payment process initiated? |
Section 10.911
|
What is required to establish a claim for the death gratuity payment? |
Section 10.912
|
In what situations will OWCP consider that an employee incurred injury in connection with his or her service with an Armed |
Section 10.913
|
What are the responsibilities of the employing agency in the death gratuity payment process? |
Section 10.914
|
What are the responsibilities of OWCP in the death gratuity payment process? |
Section 10.915
|
How is the amount of the death gratuity calculated? |
Section 10.916
|
How are claims of Federal employees who are neither citizens nor residents adjudicated? |