Printing - FECA-PT2 - National Association of Letter Carriers

o. Review of OWCP Decisions. Under 5 U.S.C. 8116(c) the FECA is a beneficiary's exclusive
remedy for injury or death of a Federal civil employee in performance of duty. Although aggrieved
parties on occasion do seek remedies outside the FECA through a Federal tort suit or other
litigation, the existence of such litigation is not considered in adjudicating claims or taking other
case actions. If an employee or the survivors disagree with a final determination of the OWCP, a
hearing may be requested, where the claimant may present evidence in further support of the
claim. Also, the claimant has the right to appeal to the Employees' Compensation Appeals Board, a
separate entity of the U. S. Department of Labor, and OWCP may review a case on its own
initiative. See FECA PM 2-1600 through 2-1602.2-1602.
2-0200-3 Responsibilities of the Claims Examiner
3. Responsibilities of the Claims Examiner. The main tasks of the CE are to adjudicate claims;
authorize benefits and set up compensation payments; manage individual cases, so that timely and
proper actions are taken in each claim; and manage a case-load, so that all cases are handled promptly
and effectively.
The CE is expected to exercise keen judgment, derived from experience, background, and acquired
knowledge, tempered with compassion and common sense, in all claims processing. This exercise
involves the ability to identify the issues, determine the additional evidence required, and make a decision
once the evidence is assembled. Each case stands on its own merits and the decision in a given case
must be based on the facts in evidence in the case file. The decision cannot be based on surmise,
speculation, or unwarranted presumption.
The adjudication of a case on the evidence in the file does not preclude the use of precedents in arriving
at a decision in a case. Precedents, as distinguished from questions of fact, are legal and medical
principles, statements, or decisions rendered in other cases which may serve to define, explain, or justify
the legal or medical determinations in like situations. When using precedent material in the adjudication
of a case, the CE should place a memorandum in the case file citing the specific reference and principles
relied upon, and the manner and extent to which such principle is applicable.
Some of the most useful precedents for FECA cases are the case rulings of the Employees' Compensation
Appeals Board (ECAB), the highest appellate source for claims under the FECA. Opinions of the ECAB are
first published separately on a case-by-case basis, then in book form. Other precedents are found in
court decisions and in such publications as Arthur Larson's Workmen's Compensation Law..
2-0200-4 Reference Materials for the Claims Examiners
4. Reference Materials for Claims Examiners. Each district office should have a library which contains
the following items for reference
by CEs:
a. Federal Employees' Compensation Act, 5 U.S.C. 8101 et seq., as amended.
b. 20 C.F.R. Part 10 (Title 20, Code of Federal Regulations, 1.1 et seq.); US GPO.
c. FECA Procedure Manual, Part 0, Overview; Part 1, Communications and Records; Part 2,
Claims; Part 3, Medical; Part 4, Special Case Procedures; Part 5, Benefit Payments; and Part 6,
FECA-PT2 Printed: 06/08/2010 7