Printing - FECA-PT2 - National Association of Letter Carriers

Pursuant to the memorandum of agreement, the USPS supervision of the third party aspects of
FECA cases is limited to cases of traumatic injury, except those traumatic injury cases which fall
within one or more of the following categories:
(1) Where the traumatic injury results in the death of the employee;
(2) Where the injury occurred outside of the United States or Canada;
(3) Where the injury occurred when the employee was a passenger in a common carrier
conveyance;
(4) Where malpractice or product liability is involved;
(5) Where injuries are sustained by more than one employee in the same incident
(group injuries).
b. The USPS is responsible for sending OWCP an initial status report within 3 months of the
date the employee files any notice of injury on which the official superior has marked the injury as
being caused by a third party. This report may be a copy of correspondence to the injured
worker or memorandum directed to OWCP documenting the initial actions of the USPS regarding
pursuit of recovery from the third party. If the USPS has decided not to pursue recovery from a
third party, this should be stated in the initial report. If the USPS does pursue recovery, then it
should provide a status report each 6 months after the initial report.
c. Responsibilities of the DCE for USPS Cases.
(1) The DCE takes no action unless the USPS reports it is pursuing recovery, or the DCE
receives information from some other source that the FECA beneficiary is pursuing recovery.
(2) If information is received that the third party aspect has been or will be pursued by
the USPS, the computer record will be updated to reflect this. The DCE will monitor the
case on a periodic basis (every 6 months) until the case is closed. During this period, the
DCE will cooperate with the USPS and will provide any needed assistance, including the
furnishing of a statement of disbursements (Form CA-161) within five working days of
receipt of a request from the Postal Service.
(3) If information is received indicating the FECA beneficiary is pursuing recovery, the
DCE will send a letter to the USPS asking for the status. If the USPS responds that it is
pursuing recovery, the DCE proceeds as described above. If the USPS fails to respond
within 30 days or states it is not pursuing recovery, then the DCE assumes jurisdiction of
the case. The DCE should proceed in accordance with the established procedures for
initiating third party recovery action, and so notify the USPS.
(4) If the USPS refers the third party case back to OWCP for any reason, the DCE will
accept the referral without question and follow existing procedures for regular third party
cases.
(5) While the third party aspect of a case is being pursued by the USPS, the case should
FECA-PT2 Printed: 06/08/2010 578