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Printing - FECA-PT2 - National Association of Letter Carriers

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c. Notice to Survivors <strong>of</strong> Right to Claim Compensation. All efforts to obtain a claim from<br />

survivors must be fully documented<br />

in the file.<br />

(1) Eligible Survivors. The relationship <strong>of</strong> the survivor to the deceased is determined as<br />

<strong>of</strong> the date the death occurred (dependents who may be entitled to benefits are discussed<br />

in paragraphs 7-10). Section 8110 defines the classes <strong>of</strong> persons who qualify as<br />

"dependents" and thereby come within its scope. Those not specified are not included (see<br />

William S. Capeller, M.D., 28 ECAB 262).<br />

(2) Spouses and Children. The spouse should be notified in writing <strong>of</strong> the right to claim<br />

compensation (Form CA-1064 may be used for this purpose). If no reply to this letter is<br />

received, a second notice will be sent 60 days later. In cases involving minor children,<br />

particularly orphans, the CE must send at least two notices to the guardian or custodian <strong>of</strong><br />

the child. The case may be closed if no claim is received or if the replies to these notices<br />

indicate that further follow-up is not needed.<br />

(3) Other Dependents. Generally, only one notice <strong>of</strong> the right to claim compensation<br />

need be sent to a survivor other than a spouse or child. If no claim is received within 60<br />

days, the case may be closed as provided in paragraph 18 below.<br />

(4) Compensation Due at Death. The CE should send Form CA-1085 to the<br />

administrator <strong>of</strong> the estate or to the next <strong>of</strong> kin to determine if compensation was due at<br />

death and, if so, to whom the money should be sent. See paragraph 14c below concerning<br />

payment <strong>of</strong> funeral and burial expenses from compensation due at death.<br />

d. Relationship Between Disability and Death File. If a death is claimed due to an injury<br />

already <strong>of</strong> record, the death case should be doubled into the disability case under the number<br />

already assigned to the disability case.<br />

e. Autopsy Reports. Initial reports <strong>of</strong> death received by telephone or telefax within 48 hours <strong>of</strong><br />

death should immediately be brought to the attention <strong>of</strong> the District Medical Adviser (DMA) so that<br />

the need for an autopsy can be determined before burial, assuming that the cause <strong>of</strong> death is not<br />

obvious. If an autopsy appears to be necessary, the DMA will telephone or prepare a telefax to the<br />

next <strong>of</strong> kin requesting permission to perform the procedure, which will be carried out at OWCP<br />

expense (see <strong>FECA</strong> PM 3-400).<br />

f. Development. Upon receipt <strong>of</strong> the case, and after completion <strong>of</strong> the telephone call noted in<br />

paragraph 4a above, the CE will send Form CA-1063 or a narrative equivalent to the employing<br />

agency, and attach Form CA-5 or CA-5b and Form CA-6. If the name and address <strong>of</strong> the spouse<br />

are known, Form CA-1064 may be sent directly. If a claim is received, the case should be<br />

developed in accordance with the five basic requirements as described in <strong>FECA</strong> PM 2-801 through<br />

805. Form CA-1072 or a narrative letter may be used to obtain information needed to establish<br />

causal relationship. In addition, the employing agency should be asked about pay rate and health<br />

benefits information, and the claimant must also submit the following evidence:<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 100

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