Printing - FECA-PT2 - National Association of Letter Carriers

coverage under 5 U.S.C. 8101.
b. Conditions of Coverage. Contract observers are employed in private industry to carry out the
requirements of the above Acts, which are under the jurisdiction of the Department of Commerce.
Any person claiming coverage has the burden of establishing that he or she is an observer within
the meaning of section 403 of the Magnuson-Stevens Act, that the injury was sustained while in
performance of duty on a vessel, and that the claimed disability or impairment is due to the
on-the-job injury. Therefore, once the determination that the claimant is a civil employee is made,
the guidelines described in chapters 2-800 through 2-805 should be employed in the adjudication
of these claims. In particular, fisheries observers are extended coverage under the FECA only
while on board the vessel, not while traveling to and from the vessel, or when performing
off-vessel work while assigned to the cruise.
c. Jurisdiction. As these cases are anticipated to present unusual issues, they will be handled in
one location. All claims for contract observers and their survivors will be forwarded to the
Cleveland District Office (09) without jacketing. They will be assigned case file numbers with an
OB- prefix, and will be adjudicated and maintained in the Cleveland District Office.
d. Other Considerations. Payment of compensation should be determined in accordance with
Section 8114(d) of the FECA and PM Chapter 2-900. Increases in the pay rate due to the claimant
being at sea when the injury occurred should be handled as described in 2-900-8b., Applying
Increments of Pay. The increase in pay rate for sea duty should be treated in exactly the same
way as premium pay, night differential pay, Sunday pay or FLSA extra pay is treated. According to
section 8.b. of the chapter, the CE must obtain the dollar amount of additional pay received during
the year previous to the work injury, and add it to the reported base pay to obtain the annual
salary. (See Chapter 2-900-8. b.)
Due to the potential for third party liability of the vessel owner, Form CA-1045 should be released
by the CE and the appropriate subrogation procedures followed. As possible entitlement to state
workers' Compensation would not constitute a prohibited dual benefit, OWCP would not require an
election of benefits by the claimant. This does not preclude the states from offsetting FECA
benefits against any entitlement the claimant might have under the Jones Act.
2-1700 Exhibit 1: Annual Pay Rates
ANNUAL PAY RATES
FOR COMPUTING COMPENSATION
OF PEACE CORPS AND VISTA VOLUNTEERS
FECA-PT2 Printed: 06/08/2010 711