01.03.2013 Views

Printing - FECA-PT2 - National Association of Letter Carriers

Printing - FECA-PT2 - National Association of Letter Carriers

Printing - FECA-PT2 - National Association of Letter Carriers

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

8. Disfigurement. If an injury causes serious disfigurement <strong>of</strong> the face, head, or neck <strong>of</strong> a character<br />

likely to handicap a claimant in securing or maintaining employment, a schedule award is payable under 5<br />

U.S.C. 8107(c) (21) if the claimant is employed or employable. (A claimant who is permanently and<br />

totally disabled because <strong>of</strong> an<br />

employment-related injury is not entitled to a disfigurement award.) Cases <strong>of</strong> this type<br />

should remain open until it is clearly established whether or not permanent disfigurement <strong>of</strong> the face,<br />

head or neck has occurred.<br />

Where the evidence shows that the employment injury has caused a permanent scar, blemish or some<br />

other type <strong>of</strong> deformity or defect, the CE will notify the claimant <strong>of</strong> the right to apply for an award.<br />

A claimant who expresses a desire or intent to claim an award for disfigurement will be sent the proper<br />

forms and instructions even if the evidence <strong>of</strong> record seems to indicate no permanent disfigurement has<br />

occurred.<br />

a. When to Consider a Disfigurement Award. Disfiguring marks on the body tend to heal<br />

slowly, and scars and blemishes that remain after healing tend to fade and become less prominent<br />

with time. Therefore, an award for disfigurement should<br />

not be considered until at least six and preferably 12 months after the last medical treatment. If a<br />

claimant chooses to undergo additional surgery or other treatment, consideration <strong>of</strong> an award will<br />

be deferred until the additional treatment is completed.<br />

b. Notification to Claimant. When the evidence shows disfigurement after healing, the<br />

claimant should be notified by Form CA-1094 <strong>of</strong> the right to apply for an award. The claimant<br />

must complete the front <strong>of</strong> the form, while the attending physician should complete the lower<br />

portion <strong>of</strong> the reverse. A new application is required in any instance where the claimant files for an<br />

award prematurely.<br />

c. Other Information Required. Form CA-7 should be submitted if one has not been filed<br />

previously. Only the front <strong>of</strong> the form need be completed if a disfigurement award is the only<br />

benefit claimed. With the CA-1094 the claimant must submit two photographs taken within five<br />

days <strong>of</strong> the date <strong>of</strong> the application, each showing different views <strong>of</strong> the disfigurement fairly and<br />

accurately portrayed. The claimant may be reimbursed for the cost <strong>of</strong> the photographs.<br />

d. OWCP Medical Evaluation. After the CE has gathered the required evidence, the case will be<br />

referred to the District Medical Advisor (DMA). The DMA will review the photographs submitted<br />

along with the medical evidence <strong>of</strong> record and place a memorandum in the file describing the<br />

disfigurement and stating whether maximum improvement has occurred. If not, final action on the<br />

application for disfigurement will be deferred.<br />

If the DMA finds maximum improvement has occurred, the concurrence <strong>of</strong> the Assistant District<br />

Director (ADD) or the District Director (DD) must be obtained. The parties evaluating the<br />

disfigurement will place a memorandum in the file which states their findings and decision with<br />

supporting rationale. The case will then be returned to the CE for payment <strong>of</strong> the award or denial<br />

<strong>of</strong> the application.<br />

e. Payment <strong>of</strong> Award. An award for disfigurement may be paid concurrently with<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 304

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!