Printing - FECA-PT2 - National Association of Letter Carriers

(b) The VA has already paid a claimant for a previous impairment to the same
member, in which case an election will be required if the VA has increased the
percentage payable due to the injury in civilian employment. In this instance, an
election will be between the entire schedule award and all VA benefits prior to any
increase on the one hand, and all VA benefits subsequent to the increase on the
other. Such an election should be offered only for the period of the schedule award,
as any determination of LWEC will involve different entitlement and require a
separate election.
(3) If a recurrence is accepted for a period which overlaps a schedule award, it will be
necessary to interrupt the schedule award in order to pay for the period of recurrence. If a
recurrent pay rate is established, the claimant will be entitled to that rate for the balance of
the schedule award after the period of disability attributable to the recurrence has ceased.
(4) Where the schedule award represents the first payment for compensable disability,
the claimant's entitlement to CPIs does not begin until one year after the award begins (see
Franklin J. Armfield, 28 ECAB 445 (1977)). Compensable disability includes any period of
continuation of pay (COP) authorized for disability, so that a claimant who has received COP
but not payment of compensation will be entitled to receive CPIs one year from the effective
date of the pay rate.
(5) A claimant who enters a vocational rehabilitation program during the course of a
schedule award is entitled to receive compensation at the rate for TTD. This entitlement is
satisfied by schedule award payments as well as those for TTD. It is therefore not
necessary to interrupt a schedule award for payment of TTD unless the claimant is also
receiving an annuity from OPM. In this case the payments must be converted to TTD and
an election must be obtained, as vocational rehabilitation services cannot be provided to an
individual in receipt of such an annuity.
(6) If a claimant dies during the course of a schedule award from a cause other than the
injury, payment for the remainder of the award may be made to his or her dependents as
specified in 5 U.S.C. 8109. Such payment must be made at the rate of 2/3, rather than
3/4, for the portion of the award that runs after the date of death. If no eligible dependents
remain, the balance of the award may not be paid to the estate. If the claimant dies of a
cause related to the injury, death benefits may be paid in accordance with 5 U.S.C. 8133,
but the balance of the award is not payable to the survivors.
(7) If payment for TTD is interrupted to make a schedule award, such payments must be
resumed at the end of the schedule if the claimant has not been reemployed or rated for
LWEC at the time the award ends (see Goldie Washington, 31 ECAB 239 (1979)).
Therefore, it is extremely important to establish the claimant's earning capacity before the
award ends.
(8) If a schedule award extends for more than one year into the future, a periodic roll
review should be conducted annually. At a minimum, this review should consist of releasing
Form CA-1032 to determine the status of any dependents. Medical review will be needed if
the claimant has not returned to work.
FECA-PT2 Printed: 06/08/2010 302