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Printing - FECA-PT2 - National Association of Letter Carriers

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. Employing Agency. The <strong>FECA</strong> requires the employing agency to report to OWCP any injury<br />

resulting in death or probable disability and to submit any further information requested by OWCP.<br />

Because evidence appearing in the employer's files is not generally available to claimants, the<br />

employing agency must assemble and submit such evidence.<br />

In addition to supplying evidence in its own behalf, the agency is expected to aid the claimant in<br />

assembling and submitting evidence. In cases where OWCP receives the claim long after the<br />

employee has left the agency's rolls, however, the agency is not expected to assist in preparing<br />

reports pertaining to the claim, nor is it expected to obtain statements from persons who no longer<br />

work for the agency. Such witnesses must be contacted by the claimant or by OWCP.<br />

Additional evidence from other sources may be needed where the agency's confirmation <strong>of</strong> the<br />

claimant's allegations is not sufficient to establish the claim, or where the <strong>of</strong>ficial superior disagrees<br />

with the claimant's allegations, has no knowledge <strong>of</strong> the facts concerning the allegations, or is<br />

unable to furnish sufficient details.<br />

c. OWCP. In administering the <strong>FECA</strong>, the OWCP must obtain any evidence which is necessary<br />

for the adjudication <strong>of</strong> the case which is not received when the notice or claim is submitted. The<br />

Office is responsible for the following:<br />

(1) Advising the Claimant and Official Superior. The Claims Examiner (CE) must provide<br />

information about the procedures involved in establishing a claim, including detailed<br />

instructions for developing the required evidence, to all interested parties (the claimant, the<br />

employing agency, and the representative, if any).<br />

(2) Requesting Evidence. Upon initial examination <strong>of</strong> the case, the CE should request all<br />

evidence necessary to adjudicate the case.<br />

(3) Identifying Potential Third Party Cases. The CE should be alert for situations where a<br />

party other than another Federal employee or agency may be responsible for the injury (see<br />

<strong>FECA</strong> PM 2-1100). It is best to advise the claimant promptly <strong>of</strong> any potential third party<br />

action so that attempts at recovery may begin before the applicable State statute <strong>of</strong><br />

limitations expires.<br />

(4) Making Prompt Decisions. It is OWCP's obligation to render a decision on each case<br />

as promptly as possible. It is particularly essential that action be expedited in those<br />

disability cases where the injured employee is losing pay. All compensation payments must<br />

be made as promptly as possible in accordance with the timely payment procedures.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 125

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