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Printing - FECA-PT2 - National Association of Letter Carriers

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If no satisfactory response is received within 30 days, the DCE will issue a decision advising<br />

the claimant <strong>of</strong> the suspension <strong>of</strong> compensation entitlement, and provide the claimant with<br />

notice <strong>of</strong> the appropriate rights <strong>of</strong> administrative review.<br />

(2) On a case not referred to SOL or the USPS, if the DCE receives information that a<br />

recovery has occurred which results in a refund owed by the claimant greater than $2,000,<br />

the DCE will not automatically refer the case to SOL. Rather, the DCE will attempt to collect<br />

from the claimant the refund due; if the claimant does not submit the required refund, the<br />

DCE will then attempt to collect the amount owed through the established debt collection<br />

procedures. Section 10.716 <strong>of</strong> 20 C.F.R. provides that the waiver provisions <strong>of</strong> 20 C.F.R. §§<br />

10.432 through 10.440 do not apply to actions taken to collect such refunds.<br />

d. Referral to SOL by the DCE.<br />

(1) After a case is identified as a potential third party case, the DCE will refer it to<br />

FEEWC. All cases not involving a “minor injury” as defined in 2-1100.5.a above are to be<br />

referred to FEEWC. In addition, the following classes <strong>of</strong> cases are to be referred:<br />

(a) Cases which were properly not initially referred (because they met the<br />

definition <strong>of</strong> “minor injury”), but which no longer meet that definition;<br />

(b) Cases where an attorney is involved; and<br />

(c) Cases where FEEWC agrees to accept a third party case because <strong>of</strong> a<br />

particular issue identified by the owning DO in a written memorandum.<br />

(d) Cases from the same incident arising in more than one district <strong>of</strong>fice, such as<br />

group injuries, plane crashes, class actions, and similar circumstances.<br />

On the written recommendation <strong>of</strong> the owning DO, FEEWC may also agree to accept<br />

as a referral a case which does not meet the preceding criteria.<br />

(2) When a case is identified for referral, the DCE will refer the case to FEEWC using<br />

Form CA-160. Copies <strong>of</strong> the CA forms, as well as copies <strong>of</strong> other pertinent documents such<br />

as witness statements, accident reports, medical reports, correspondence from an attorney,<br />

etc., must accompany the Form CA-160. The case record itself will be retained by the DO.<br />

If any disbursements have been made at the time <strong>of</strong> referral, they will be shown on the<br />

reverse <strong>of</strong> the Form CA-160. All disbursements shown should reflect the gross amount paid<br />

prior to any deductions. A copy <strong>of</strong> the Form CA-160 will be scanned into the case record.<br />

(3) When a case is referred to FEEWC, the computer record will be updated to reflect the<br />

new third party indicator code.<br />

(4) After initial referral, the DCE will furnish an updated disbursement statement on<br />

Form CA-160 to the FEEWC within five working days <strong>of</strong> receipt <strong>of</strong> the request, and will<br />

submit other pertinent information at the same time. Any material that, in the opinion <strong>of</strong><br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 560

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