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Printing - FECA-PT2 - National Association of Letter Carriers

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the DCE, is urgent should be sent immediately to the FEEWC.<br />

e. Action by DCE on Receipt <strong>of</strong> Information from FEEWC.<br />

(1) Notice <strong>of</strong> Settlement or Judgment. FEEWC will contact the DCE when notice is<br />

received that a settlement or a judgment has been received in a third party case which is<br />

expected to result in a surplus. On receipt <strong>of</strong> this information, the computer record will be<br />

updated to reflect the appropriate indicator code, and the DCE will calculate all benefits paid<br />

to the <strong>FECA</strong> beneficiary. The DCE will immediately forward this information to FEEWC,<br />

which will advise the <strong>FECA</strong> beneficiary’s attorney, or the <strong>FECA</strong> beneficiary (if<br />

unrepresented) <strong>of</strong> the total amount <strong>of</strong> disbursements.<br />

(2) On receipt <strong>of</strong> a memorandum from FEEWC recommending action by the owning DO<br />

(such as a memorandum under 2-1100.8.d.(2) recommending sanctions for failure to<br />

prosecute an action, file a SOR, or pay the required refund), the DCE will analyze the<br />

evidence, information, and recommendations from FEEWC, and will take appropriate action,<br />

including forfeiture or suspension <strong>of</strong> compensation benefits, based on the FEEWC’s<br />

recommendations.<br />

(3) Where the formal decision denies a request for payment <strong>of</strong> compensation benefits, or<br />

results in payment <strong>of</strong> past or continuing compensation benefits in an amount less than that<br />

requested or anticipated by the claimant, the formal decision should be accompanied by full<br />

appeal rights.<br />

(4) Where the decision addresses an issue solely related to the calculation <strong>of</strong> the<br />

statutory right <strong>of</strong> reimbursement or the refund due to the United States under 5 U.S.C. §<br />

8132, and does not suspend or terminate compensation benefits or deny a request for<br />

payment <strong>of</strong> benefits, the claimant should not normally receive notification <strong>of</strong> appeal rights.<br />

In such circumstances (for example, where there is no continuing compensation<br />

entitlement, and OWCP requests that the claimant refund an additional amount beyond that<br />

which the claimant has already paid to OWCP), OWCP should notify the claimant that it will<br />

evaluate any additional evidence or argument that the claimant wishes to submit supporting<br />

a contention that the formal decision is incorrect.<br />

f. Other Duties <strong>of</strong> the DCE. The DCE performs other duties as set forth in this subchapter.<br />

For example, the DCE may be required to take action based on receipt <strong>of</strong> information or requests<br />

from FEEWC (2-1100.8), and is responsible for debt collection on cases that have not been<br />

referred to FEEWC. (2-1100.11.a). In addition, paragraphs c. and d. <strong>of</strong> 2-1100.12 describe the<br />

DCE’s responsibilities regarding third party cases handled by the USPS pursuant to the<br />

memorandum <strong>of</strong> agreement between OWCP and USPS.<br />

02-1100-8 OL Administration and Case Management <strong>of</strong> Third Party Cases<br />

8. SOL Administration and Case Management <strong>of</strong> Third Party Cases.<br />

FEEWC is responsible for supervising the subrogation aspects <strong>of</strong> <strong>FECA</strong> third party damage claims referred<br />

by the DO. They will monitor the progress <strong>of</strong> all third party claims transferred to their <strong>of</strong>fices for handling<br />

and will keep the <strong>FECA</strong> beneficiary’s attorney, or the <strong>FECA</strong> beneficiary, if unrepresented, apprised <strong>of</strong> the<br />

current disbursement amounts. When responsibility for administration <strong>of</strong> third party liability is transferred<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 561

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