12th Annual Federal Workers' Compensation Conference S i #39 ...

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Statutory Exclusions • OWCP must prove these exclusions (and they must be raised at the time of initial adjudication), so agencies should notify OWCP immediately if these exclusions could possibly apply. • Willful Misconduct – Such as deliberate and intentional disregard d of safety rules, as distinguished i i d from careless and heedless. • Intoxication –not sufficient just to show that the employee was intoxicated; it must be shown that the intoxication proximately caused the injury. • Intent to Bring About Injury or Death to Oneself or Another. • Where it appears that the employee brought about his or her own injury or death, or that of another, intent must be established. • Suicide may be compensable if the “chain of causation” remains unbroken. • Specifically, suicide is compensable if the injury and its consequences directly caused a mental disturbance or physical condition which produced a compulsion to commit suicide and prevented the employee from exercising sound discretion or judgment so as to control that compulsion. 8
Who is eligible under § 8133? • The statute sets out an order of precedence. • Surviving spouse and any children, not to exceed 75% • Dependent parents, not to exceed 40% • Dependent siblings, grandparents or grandchildren, not to exceed 30% • These categories are defined by 5 U.S.C. USC § 8101. 9
Page 1 and 2: 12 th Annual Federal Workers’ Com
Page 3 and 4: Death Benefits under § 8133 • FE
Page 5 and 6: Agency Responsibilities • The sup
Page 7: Timely claim • Survivors must giv
Page 11 and 12: NOTE If a widow or widower receivin
Page 13 and 14: How does OWCP calculate the FECA/FE
Page 15 and 16: How are these benefits claimed? •
Page 17 and 18: FECA Death Gratuity • New § 8102
Page 19 and 20: Contingency Operations • The stat
Page 21 and 22: Order of Precedence • Section 810
Page 23 and 24: Offset of other gratuities • The
Page 25 and 26: References • 5 U.S.C. § § 8101,
Page 27 and 28: PLANNING YOUR NEEDS • Who has Pas
Page 29 and 30: CONTACTING THE FAMILY • 5Copeso C
Page 31 and 32: Required Documents • Social Secur
Page 33 and 34: DOCUMENTS REQUIRED • DD 214’S S
Page 35 and 36: Standard Form 3104B • Certified e
Page 37 and 38: Survivor’s Military Service Elect
Page 39 and 40: Agency Information & Certification
Page 47 and 48: Claim for Death Benefits (FEGLI) FE
Page 49 and 50: Claim for Death Benefits (FEGLI)
Page 51 and 52: Death Benefits Payout (FEGLI) • I
Page 53 and 54: REPORT OF PUBLIC SAFETY OFFICER’S
Page 55 and 56: Form TSP-17 - Information Relating
Page 57 and 58: Veteran’s Administration • Info
Page 59 and 60:
Claim for Compensation by Widow,
Page 61 and 62:
Death Gratuity Payment Authority
Page 63:
QUESTIONS? Contact Information Greg
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12th Annual Federal Workers' Compensation Conference S i #39 ...

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