MAJOR RULE  CHANGES TO OWCP CLAIMS

OWCP MAKES MAJOR RULE CHANGES TO PROCESSING AND HANDLING FEDERAL WORKERS' COMPENSATION CLAIMS AND APPEALS

Effective August 29, 2011 there are major changes in how you will be able to file, process and appeal your federal worker's compensation claim with the OWCP.  Here are the key provisions.

RECONSIDERATION DEADLINE

Under the old rules, claimant's had one year from the date of an OWCP decision to "send or file" a request for reconsideration with the OWCP.  As long as the request was "sent or filed" on or before the year deadline as evidenced by postmark, the claimant's request was considered timely.  Under the new rules, the claimant now must make sure the OWCP "receives"  the request for reconsideration before the year end deadline.  This will be an undoubtedly difficult rule for claimants to meet.  The reason is simple: the OWCP does not accept any faxes or Internet filings or telephone filings of OWCP appeals.  That in turn means claimants must now rely solely upon the USPS to (hopefully) deliver their appeals to the OWCP in a timely manner before the deadline.  Even then that is not a guarantee the deadline is met as the claimant must prove that the OWCP "received" the request for reconsideration.  The only practical way to do that will be by claimant incurring the costs of sending all their requests to the OWCP by certified mail with a return receipt of mailing.  If the OWCP does not sign or date the return receipt (a very common occurrence) then the claimant still does not have proof the OWCP "received" the request and the OWCP can simply dismiss the appeal as untimely filed.

CONTINGENCY FEES

Contingency fees will be completely barred in OWCP claims.   This is incredibly difficult for injured claimants who are off work and without any income and needing representation to make their compensation claim.  Claimants are forced to pay all representative fees and costs with no reimbursement from the OWCP on their claims, even if the OWCP is found to have been wrong in denying the claimant compensation. 

SURVIVOR DEATH BENEFIT (RETROACTIVE)

Family survivors of federal employees and non-appropriated fund instrumentality employees (NAFI) who die of injuries incurred in connection with service of an armed force in a contingency operation will be entitled to compensation. A retroactive provision also applies to survivors of employees who died on or after Oct. 7, 2001, due to injuries incurred in connection with the service of an armed force in the theater of Operation Enduring Freedom and Operation Iraqi Freedom. The benefit will pay a death gratuity of $100,000 (minus applicable offsets) to eligible survivors.  

EMERGENCY CARE

OWCP Form CA 16 pre-authorizes emergency medical care for injured employees.  Under the old rule the medical care could not start until the date the form was signed by the employer; which in turn could be indefinite as the employer held the form.  Under the new rules medical care starts from date of injury even if the form is not signed immediately by the employer.

SKIN AS A COVERED ORGAN (RETROACTIVE)

The skin is now considered an organ for injured federal employees and entitled to compensation.  (The spine, heart and brain are still not considered as vital organs for federal employees and not deserving compensation if injured.)  Skin injuries retroactive to September 11, 2001 are covered for burns, cancers, etc. of up to 205 weeks of compensation.

MEDICAL EXAMINATION WITNESSES

Other persons will now be allowed to be in attendance at OWCP directed medical examinations where there is medical evidence provided that such a person is needed to be present.