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Printing - FECA-PT2 - National Association of Letter Carriers

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2-0812-1 Purpose and Scope<br />

1. Purpose and Scope. This chapter discusses procedures for monitoring disability claims paid on the<br />

periodic roll and for developing evidence to determine continuing entitlement to compensation as well as<br />

the nature <strong>of</strong> that entitlement. Monitoring <strong>of</strong> death claims is addressed in <strong>FECA</strong> PM 2-0700.<br />

Payment on the periodic roll is an efficient method <strong>of</strong> ensuring regular payment <strong>of</strong> compensation to those<br />

with long-term compensable disabilities. In all periodic roll cases, it remains the responsibility <strong>of</strong> the<br />

Claims Examiner (CE) to ensure that evidence remains current in the case, that all suitable medical care is<br />

provided, and that appropriate use is made <strong>of</strong> nursing and rehabilitation services. Quality case<br />

management, with active monitoring <strong>of</strong> the progress <strong>of</strong> the case, should be utilized to obtain the best<br />

possible outcome and a return to employment where at all feasible.<br />

2-0812-2 Statutory Provisions<br />

2. Statutory Provisions. When a case has been accepted, the claimant is entitled to compensation<br />

benefits and medical treatment for the medical condition(s) found to be related to the employment.<br />

a. Sections 5 U.S.C. 8105-8106 provide that compensation is payable for wage loss caused by<br />

a medical condition found to be related to the employment.<br />

b. Section 5 U.S.C. 8107 provides that compensation is payable for the permanent loss or loss<br />

<strong>of</strong> use <strong>of</strong> certain anatomical members, functions, or organs <strong>of</strong> the body. Except for disfigurement,<br />

schedule award entitlement is payable consecutively, but not concurrently, with an award for wage<br />

loss due to the same injury.<br />

c. Section 5 U.S.C. 8111 provides for additional compensation for the service <strong>of</strong> an attendant<br />

where required; after January 4, 1999, this is generally paid as a medical expense pursuant to 5<br />

U.S.C. 8103.<br />

2-0812-3 Burden <strong>of</strong> Pro<strong>of</strong> in Continuing or Terminating Benefits<br />

3. Burden <strong>of</strong> Pro<strong>of</strong> for Terminating Benefits. Having accepted a claim and initiated payments, the<br />

OWCP may not terminate compensation without a positive demonstration, by the weight <strong>of</strong> evidence, that<br />

entitlement to benefits has ceased. Generally, this means that a claimant's failure to reply to a request for<br />

a medical report is insufficient grounds to terminate benefits. However, failure to report for or cooperate<br />

with an OWCP directed medical examination would constitute grounds for suspension <strong>of</strong> benefits under<br />

section 8123 <strong>of</strong> the <strong>FECA</strong>. Furthermore, when a claimant is receiving benefits on the periodic roll, benefits<br />

may not be terminated or reduced without giving the claimant prior notice and an opportunity to provide<br />

evidence <strong>of</strong> continuing entitlement, except in a limited set <strong>of</strong> circumstances (see <strong>FECA</strong> PM 2-1400).<br />

2-0812-4 Placement and Monitoring <strong>of</strong> Claims and Periodic Roll<br />

4. Placement and Monitoring <strong>of</strong> Claims on the Periodic Roll. Where prolonged (over 90 days) or<br />

permanent disability is expected, compensation for wage loss should be paid on the periodic roll. After<br />

payment has begun, the CE is responsible for obtaining medical and non-medical evidence to determine<br />

continued entitlement. The CE is responsible for periodic review <strong>of</strong> active cases to ensure that payments<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 377

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