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c. Witnesses. Statements from witnesses are not required in the same way as affidavits from the claimant and employing agency; a claim may be approved in the absence of witness statements. They are very useful, however, when the employing agency is unable to confirm or refute the claimant's allegations. Such statements may be obtained by the claimant, the agency, or OWCP, depending on the circumstances of the case. The agency should be asked to obtain these statements from witnesses who are its employees. d. Medical Sources. These sources include reports of doctors and hospitals providing examination or treatment to the employee either before or after the injury. The CE should request medical evidence which is in the possession of Federal medical officers or hospitals, or which is maintained by a doctor who attended the claimant through authorizatoin by OWCP. The claimant is responsible for obtaining the medical reports in all other situations. Requests for reports or records from a Veterans Administration (VA) hospital or clinic should be sent to the vacility which provided the service ( the addresses of all VA facilities appear in the U.S. Government Organization Manual). A completed Form CA-57, Authorization for Release of Information, must accompany the request, which should also contain the employee's VA claim number, date of birth, and military service number or Social Security Number. e. Other Sources. In most cases, the required evidence will be available from one of the sources noted above. In certain cases, however, the CE will need to request evidence from other sources. For meteorological information, the CE may contact the Department of Commerce, Environmental Data Service, National Climatic Center, Federal Building, 151 Patton Avenue, Asheville, NC 28801-5001. This agency will supply information by telephone or in writing by request. 2-0800-7 Obtaining Evidence from Employing Agencies 7. Obtaining Evidence from Employing Agencies. OWCP will attempt to obtain evidence in possession of another Federal agency. Following is a description of the procedures which should be used with respect to requests for information from employing agencies. a. Factual Evidence. If the agency has factual evidence which is necessary to make a decision in the claim, the CE should make a written request with a copy to the claimant, indicating a time period within which the agency should reply. The agency should be advised that if it fails to provide the requested information, a decision will be made on the basis of available evidence and that the claimant's statements, if sufficiently clear and detailed, will be accepted on matters concerning which he or she is knowledgeable. b. Medical Evidence. If it appears that the agency has medical records in its possession pertaining to the injury or to any relevant pre-existing condition, the CE should ask the agency to submit copies of such records if they are not sent with the original submission. 2-0800-8 Special Situations 8. Special Situations. a. Group Injuries. Where two or more employees are injured in the same incident, such as an explosion or auto accident, or by the same substance, such as contaminated drinking water, the FECA-PT2 Printed: 06/08/2010 130
entire group of cases must be adjudicated as a unit in order to ensure uniformity of action and to minimize the amount of material to be assembled by the agency. Each case file must bear a record by name and case number of the other cases involved. Once the cases are adjudicated, they may be separated for ease in handling, provided that each case is annotated to show the disposition of the others. b. Personnel Records for Separated Employees. Official Personnel Files (OPFs) and Employee Medical Folders (EMFs) for separated Federal employees are usually sent to the Federal Records Center (FRC) in St. Louis, MO within 30 days after separation. Therefore, in many cases where the injury is reported after the employee's separation, the CE will need to contact the FRC to obtain information necessary to adjudicate the case. The CE may handle such requests in one of two ways: (1) Ask the employing agency to recall the OPF/EMF and supply the information required. (2) Ask the FRC to loan the OPF/EMF to the Office. The CE may then review the file and duplicate pertinent material. c. Deactivated Establishments. When the employing establishment has been deactivated, the CE may obtain evidence which would otherwise be required of the employing agency in one of two ways: (1) Obtain the pertinent evidence through the claimant or directly from the party possessing the information. (2) Ask the FRC to loan the OPF/EMF to the Office. The CE may then review the file and duplicate pertinent material. d. Transferred Employees. When a Federal employee transfers from one agency to another, the OPF and EMF are sent to the new agency. If the Office requires information from the OPF or EMF after the employee has transferred from the agency where the injury occurred, the original employing agency will be unable to supply it. The CE should request the information from the current employing agency. FECA-PT2 Printed: 06/08/2010 131
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LIST OF CHAPTERS PART 2 - CLAIMS (I
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which may be useful to the CE. b. C
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d. Continuation of Pay. An employee
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o. Review of OWCP Decisions. Under
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2-0300 COMMUNICATIONS TABLE OF CONT
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2-0300-4 Regular Correspondence 4.R
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(b) Formal Decision. If a formal de
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If the information requested cannot
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eferred to the NOO for adjudication
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2-0400-6 Requesting Files 6. Reques
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the file. This process should mainl
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2-0400-10 Case Transfers and Loans
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2-0401 AUTOMATED SYSTEM SUPPORT FOR
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names and addresses is optional. By
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PW: Entitled to payment on periodic
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AM/C1: Condition accepted. Up to $1
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full appeal rights, and the adjudic
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B Both A Aggravation 2-0402 SECURIT
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a. Signatures. The CE must review c
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(a) The particular issues about whi
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c. Review by DD. Upon receipt of th
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disposition, a report, enclosing th
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2-0500 CONFERENCING TABLE OF CONTEN
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necessary to identify the official(
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2-0500-6 Senior CE Actions 6. Senio
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2-0500-9 Due Process 9. Due Process
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This chapter outlines the major ste
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(d) Been notified that OWCP will pr
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2-0600-4 Initial Actions 4. Initial
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2-0600-5 Nurse Services 5. Nurse Se
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assess the claimant's environment a
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(4) Timely responses to telephone c
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for guidance in composing such ques
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(4) Only if the CE has taken these
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(1) RS Actions. If the claimant agr
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(3) Absent such a recovery, the OWC
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(c) After any training or other pre
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under way and the CE determines tha
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2-0600 Exhibit 1: Sample Letter to
Page 79 and 80: 2-0600 Exhibit 3: Example of Letter
Page 81 and 82: 2-0600 Exhibit 5: Planning Chart fo
Page 83 and 84: period, and each new recurrence. a.
Page 85 and 86: a. QCM Screen. When the QCM screen
Page 87 and 88: (c) Confirmation of Data. After ent
Page 89 and 90: (1) NFN*--Referred to Field Nurse.
Page 91 and 92: 2-0601-6 Effect of RTW on QCM Statu
Page 93 and 94: 2-0601 Exhibit 1: Disability Tracki
Page 95 and 96: SRE Referred to SrCE for Conference
Page 97 and 98: 21. FECA Death Gratuity 4/10 10-06
Page 99 and 100: . Claimant. The claimant is respons
Page 101 and 102: 2-0700-6 Adjudication 6. Adjudicati
Page 103 and 104: (3) If the parties lived apart for
Page 105 and 106: (3) If the child does not begin pos
Page 107 and 108: Compensation was terminated effecti
Page 109 and 110: . Dependency Criteria. The test of
Page 111 and 112: (3) Proof of physical or mental inc
Page 113 and 114: The CE should prepare a memorandum
Page 115 and 116: . Employee Status. The $200 payment
Page 117 and 118: (b) Form CA-1617 should be released
Page 119 and 120: 2-0700-20 Gratuity 20. Gratuity fro
Page 121 and 122: 2-0700 Exhibit 1: Percentages of En
Page 123 and 124: 2-0800-2 Definitions 2. Definitions
Page 125 and 126: . Employing Agency. The FECA requir
Page 127 and 128: claimant, the CE should send a copy
Page 129: (3) The case must be coded as withd
Page 133 and 134: 2-0800-10 Investigation 10. Investi
Page 135 and 136: 2-0800-13 Affirmative Defense 13. A
Page 137 and 138: 2-0801 TIME TABLE OF CONTENTS Parag
Page 139 and 140: 5 U.S.C. 8122 on the ground that no
Page 141 and 142: (4) If a claim is not received by O
Page 143 and 144: (1) Disappearance During a Period o
Page 145 and 146: 2-0802 CIVIL EMPLOYEE TABLE OF CONT
Page 147 and 148: 2-0802-1 Purpose and Scope 1. Purpo
Page 149 and 150: (1) The precise time when the worke
Page 151 and 152: 2-0802-8 Contract Job Cleaners Used
Page 153 and 154: 2-0802-13 Volunteer Workers with th
Page 155 and 156: (1) Whether, prior to the transfer
Page 157 and 158: . The pay rate for compensation pur
Page 159 and 160: 2-0802-24 U.S. Park Police and Secr
Page 161 and 162: a participant or crew leader servin
Page 163 and 164: 2-0803 FACT OF INJURY TABLE OF CONT
Page 165 and 166: 2-0803-4 Development of Factual Evi
Page 167 and 168: 2-0804 PERFORMANCE OF DUTY TABLE OF
Page 169 and 170: time before or after the end of the
Page 171 and 172: (a) A diagram showing the boundarie
Page 173 and 174: d. Workers in a Travel Status. (1)
Page 175 and 176: 2-0804-6 To and From Work 6. To and
Page 177 and 178: (a) The reason the employee was req
Page 179 and 180: (1) At the time of the injury, the
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(1) Martha G. List, 26 ECAB 200. Em
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duty, the CE may approve the case.
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action taken; and (4) Statements fr
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2-0804-14 Statutory Exclusions 14.
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would justify such disobedience. (c
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(2) The official superior should al
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c. Development. (1) It is the CE's
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such as soliciting new members or c
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c. Performance Ratings. The Board r
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Where an employee asserts that emot
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The Board noted that Cannon was unl
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Since both cases involve procedures
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Ashberry's disability was not compe
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no longer be considered so in light
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2-0804-18 Employing Agency Physical
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f. This matter was initially addres
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compensation would be payable for t
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limited to the period of work-relat
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(6) Certain other kinds of cases re
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(2) A nurse becomes disabled by pul
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the body originally injured is term
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2-0806 OCCUPATIONAL ILLNESS TABLE O
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2-0806-1 Purpose and Scope 1. Purpo
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the following steps, depending on w
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(4) Exposure to and Identification
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While records of past medical treat
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the medical connection between lift
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(b) The medical evidence presented
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2-080 Exhibit 2: Sample Letter to C
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TITLE _____________________________
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eason, you should call or write to
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9. [FREE FLOW IF DESIRED] We may wr
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If you do not understand any part o
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stressful situations in your person
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TITLE FECA-PT2 Printed: 06/08/2010
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I am writing in reference to your c
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We may write directly to a physicia
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2-0806 Exhibit 20: Sample Questions
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TA Amputation TB Back strain TC Con
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(D )Other Disability, Occupational
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a. Traumatic Injury. If an air traf
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2-0807-6 Period of Entitlement 6. P
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d. Return to Duty. The injured empl
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f. The injury was not reported on a
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W = Total number weeks worked P/W =
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COP is paid for the entire period o
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(c) When the physician's report ind
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(a) Assign or detail the employee t
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. Monitoring the Claim. (1) If Form
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(4) If conflicting information appe
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a. Permanent Total Disability (PTD)
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(1) Prior to December 7, 1940. No p
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(2) Impairment due to amputation is
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. Claims for Increased Schedule Awa
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compensation for temporary total di
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Medical. 2-0809-2 Introduction 2. I
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CE is ready to evaluate the evidenc
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the physician with a complete pictu
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(3) Personal habits such as smoking
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games or operating a construction b
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Jane Doe, date of birth 04/06/1965,
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elated to the employee’s duties;
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16. Physical Therapy 04/01 01-06 03
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evaluating the merits of medical re
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situation where ten days earlier th
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each opinion. The value of the evid
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manipulation of the body. They incl
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. The DMA's performance of these fu
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evidence from physicians who have n
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e. In cases involving a preexisting
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(1) The consultant should be asked
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value). Based on the results of thi
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However, if the impartial specialis
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2-0810-13 Exclusion of Medical Evid
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Leanna Garlington, 37 ECAB 849). Re
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(d) A suggested supplier, if any. (
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need for further treatment as detai
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2-0810-18 Transfer of Medical Care
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2-0810 Exhibit 1: Information from
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Dear CLAIMANT NAME: We need the fol
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2-0810 Exhibit 3: General Guideline
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2-0810 Exhibit 5: Sample Paragraph
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2-0810 Exhibit 7: Letter of Warning
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In addition, a primary goal of case
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(3) Release Form CA-1008 and Pamphl
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a. Where disability is present, the
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f. If the evidence obtained as a re
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eligible for disability benefits. A
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f. Physician's estimate of the date
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2-0812 PERIODIC REVIEW OF DISABILIT
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2-0812-1 Purpose and Scope 1. Purpo
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determine the status of dependents
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whether disability is related to th
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earnings or activity is in question
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eferred to the Office of Inspector
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. Suspension of Compensation. OWCP
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certification clauses on the CA-103
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SI Payment/Entitlement Suspension i
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with the return to work effort. CFF
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should be placed in a PN status. OP
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force. 10. If the business has had
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I am writing in follow up to the Fo
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2-0812 Exhibit 6 - Periodic Entitle
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Service. On 03/14/2003, the claiman
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Authorized Medical Care for Substan
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a. OPM's regulations on retention r
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d. To identify cases for early inte
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2-0813-7 Communication Among the CE
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d. Cooperative Agreement. The title
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ehabilitation process. 2-0813-11 Fa
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(2) To reduce compensation in this
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The specificity of the reasons offe
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in conjunction with graded conditio
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(1) Where the claimant cannot perfo
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2-0813 Exhibit 2: Non-Cooperation W
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2-0814 REEMPLOYMENT: DETERMINING WA
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Exhibits 1. Sample Letter to Claima
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. Preliminary Assessment of Positio
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(b) If the attending physician cont
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(3) The employing agency will be as
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e. Payment/Reimbursement of Relocat
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have no appeal rights attached. c.
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were not reported to OWCP or were o
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(3) If the employee can work only p
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this instance the CE will need to e
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d. Unacceptable Reasons for Abandon
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closure of an installation, cessati
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Code, and returns to duty under ret
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If you receive an increase in pay o
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2-0814 Exhibit 3: Sample Letter To
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RATE DATE FOR SCHEDULE AWARDS 01/10
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(1) Kinds of Appointments. The Post
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year, in the teaching profession, w
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(b) Census enumerators; (c) Casual
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The CE should consider these factor
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The greatest of these pay rates wil
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the Department of Veterans Affairs
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degree of expense, hardship, and in
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(2) Basic bi-weekly pay x premium p
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2-0900-9 Computing Daily Pay Rate 9
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2-0900-11 Computing Monthly Pay Rat
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The salary for these employees may
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2-0901 COMPUTING COMPENSATION TABLE
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2-0901-2 Related Topics 2. Related
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(4) A GS-12 CE or designated CE may
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2-0901-4 Factors in Computing Compe
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(3) For schedule award payments, th
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(4) Compensation payable for less t
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2-0901-9 Special Determinations 9.
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2-0901-11 Maximum Compensation 11.
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payment. a. Beginning Date. Schedul
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(3) ( ) (a) is capable of earning (
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automatic pay increases. For exampl
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claimant to a higher pay rate under
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(a) the beneficiary's maintenance,
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Letter CA-1208 to the claimant, wit
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01/01/76 4.4 10/10/76 18.96-28.44 9
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01/02/2000 44.98-67.47 224.91-337.3
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10/07/79 144.56 722.78 - (2,891.12)
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*Calendar Days 01/01/2001 3.3 365 1
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PERCENTAGE TABLE OF SCHEDULE AWARDS
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2-0901 Exhibit 6: Activity Codes AC
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12. Tennessee Valley Authority 02/9
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. Death Benefits. When compensation
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(3) Certification. The CE should ha
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elected, refer the case to the inac
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(b) If there is accrued compensatio
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Centers, and DVA Hospitals. If the
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(b) The claimant may be entitled to
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d. Obtaining Elections--Educational
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(3) The CE must advise the claimant
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c. Injuries On and After September
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Based on information contained in t
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2-1000-16 Benefits for Judicial Off
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(a) Calculate the number of weeks w
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I. Claimants must elect between Fed
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2-1000 Exhibit 2: OPM Contact List
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When a third party is or may be leg
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(6) Ltr. CA-1109, Authorization to
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7. Administration of Third Party Ca
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(3) If not accurate or complete, th
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the DCE, is urgent should be sent i
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(3) Provide the claimant or attorne
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for a course of action. All formal
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In any other case, where a judgment
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(b) 5 percent of the total to be al
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To determine the amount to be liste
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(6) Section 8133(a) of the FECA pro
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(2) The initial demand letter in an
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of the employee. The USPS cannot re
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not be referred to the FEEWC until
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FECA-PT2 Printed: 06/08/2010 581
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a. Under 5 U.S.C. § 8127(b) and in
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. Should an application be submitte
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and the requested fee is reduced du
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2-1200 Exhibit 1: Sample Formal Dec
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2-1300 LUMP SUM PAYMENTS TABLE OF C
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2-1300-3 Requests for Lump-Sum Paym
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2-1300-4 Calculating Lump-Sum Sched
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2-1300 Exhibit 2: Sample Appealable
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3. REVIEW BY THE EMPLOYEES' COMPENS
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SIGNATURE _________________________
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We have received your request for a
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2-1400 DISALLOWANCES TABLE OF CONTE
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2-1400-1 Purpose and Scope Purpose
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a. Initial Disallowances. Such disa
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(1) Failure to Appear for Medical A
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(1) The name and location of the em
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injury caused no disability for wor
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(3) A specific service which the cl
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2-1400-7 How to Issue Pre-Terminati
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(a) The case is being referred beca
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(a) Compensation is being terminate
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. Source of Advice. District office
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usual rate, i.e., 75 percent of the
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objective findings to support your
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2-1400 Exhibit 3: Sample Notice of
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2-1400 Exhibit 4: Sample Letter Con
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2-1400 Exhibit 6: Sample Notice of
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2-1400 Exhibit 8: Sample Letter Con
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2-1400 Exhibit 10: Sample Letter De
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2-1500 RECURRENCES TABLE OF CONTENT
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(d) Closure of a base or other faci
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(1) The medical evidence needed to
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c. Case Management. The CE should c
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emains the same regardless of wheth
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2-1600 REVIEW PROCESS TABLE OF CONT
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c. Formal Decision. Chapter 2-1400
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the request. H&R will acknowledge r
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spouse or child prevents his or her
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OWCP shall pay fees requested by wi
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2-1601-9 Cases Returned from H&R 9.
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2-1601 Exhibit 2: Sample Letters Ac
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Exhibit 3, page 1 of 3: Hearing Not
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Exhibit 3, page 3 of 3: Hearing Ins
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2-1601 Exhibit 5: Request for Comme
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2-1602 RECONSIDERATIONS TABLE OF CO
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2-1602-2 Policy 2. Policy. The foll
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d. Decision. An untimely applicatio
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percentage of the award under the S
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(2) The cover letter to the agency
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2-1602 Exhibit 1: Sample Letter Ret
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Dear CLAIMANT NAME: We have reviewe
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2-1602 Exhibit 5: Sample Compensati
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2-1603 APPEALS TABLE OF CONTENTS Pa
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d. Timeliness of Filing. A person r
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2-1603-6 Cases Returned to District
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2-1700 SPECIAL ACT CASES TABLE OF C
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2-1700-4 Peace Corps 4. Peace Corps
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(2) Staff Spouses. (a) The spouses
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Compensation for loss of wages may
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(3) Return from Service Abroad. d.
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Section 5 U.S.C. 8101(4), which pro
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(1)While at a Job Corps Center, an
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(1)Enrollees are required to report
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coverage under 5 U.S.C. 8101. b. Co
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2-1800-2 Authority 2. Authority. Ho
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determined by the type of vehicle,
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greatest current fair market value
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Such certification from an architec
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over $10,000, and that amount must
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2-1800-7 Housing Modifications for
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send an approval letter along with
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By signing this agreement, all part
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By signing this agreement, all part
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Memorandum of Agreement - Modificat
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Memorandum of Agreement - Housing M
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