Management’s Violations of Federal Employees Compensation Act (FECA) Part 3
ATTENTION ALL CARRIERS THAT HAVE FILED A CLAIM TO OWCP. Once you receive a Development Letter, YOU MUST CONTACT ME IMMEDIATELY. Call 631-789-1616 so we can review your claim to determine what you need to do in order to help get your case approved. Failure to contact me could result in your claim being denied.
This article is a continuation of the previous LIMB Article's on Managements Violations of FECA requirements. The previous Limb Article's in this space discussed 7 common mistakes and violations that managers make in processing letter carrier's workers compensation claims. Those errors in processing letter carrier's workers compensation claims already discussed included the following:
1. Failing to advise carrier of the right to choose a physician
2. Failing to provide a receipt for a submitted CA- 1 or CA-2
3. Failure to provide a CA-16
4. Failing to provide completed copy of CA-1 or CA-2
5. Providing a CA-2a instead of a CA-1 or CA-2
6. Delaying forwarding of CA-1 or CA-2 to OWCP
7. Failing to provide notice of controversion and challenge information.
Please refer to the March and April editions of the LIMB Leader for more detailed information on the above violations.
This article will continue with detailed information on additional management violations of FECA and the applicable citations from the FECA, Pre-arbitration settlements, and Management's Handbooks and Manuals that are pertinent to each violation.
8. Contacting a carrier's physician in person or by phone
OWCP regulations prohibit the employer from contacting the physician by telephone or in person. In many cases, local supervisors ignore the prohibition against telephone or personal contact with the physician. This often results in problems for the injured carrier.
The parties have agreed in two national-level settlements that phone contact initiated by the employer with the physician is prohibited.
Pre-arbitration settlement A94N-4A-C 97901738 states:
The Office of Workers' Compensation Program (OWCP) U.S. Department of Labor issued new regulations governing the administration of the FECA effective January 4, 1999. The specific regulation that is relevant to the instant case is 20 CFR 10.506 which specifically prohibits phone or personal contact initiated by the employer with the physician.
Step 4 settlement E94N-4E-C98037067 (M- 01385) states:
The first issue contained in this case is whether management violated the National Agreement when it telephonically contacted limited duty employee's physicians to receive information and/or clarification on a carrier's medical progress.
In addition, the ELM 545.52 states:
To aid in returning an injured employee to suitable employment, the control office or control point may also contact the employee's physician in writing concerning the work limitations imposed by the effects of the injury and possible job assignments. However, FECA prohibits contacting the physician by telephone or through a personal visit except for administrative purposes such as determining whether a fax has been received or ascertaining the date of a medical appointment.
9. Failing to provide copies of written contacts with physician
When the USPS does contact a physician in writing, it must send a copy of the correspondence to the injured carrier and to OWCP. In addition, if the physician responds, the employer must send copies of the response to the injured worker and OWCP. Disputes about limited duty and work restrictions are more difficult to resolve when a letter carrier does not know about USPS communications to and from his or her doctor. The relevant citations mandating that an injured letter carrier be provided with copies of the USPS written contacts with physicians are found in the following places:
20 CFR 10.506 states:
When [written] contact is made, the employer shall send a copy of any such correspondence to OWCP and the employee, as well as a copy of the physician's response when received.
ELM 544.12 states:
The control office must provide the employee a copy of all correspondence between the Postal Service and the treating physician.
ELM 545.52 states:
A copy of all written correspondence to the employee's physician and any response received must be sent to the OWCP and the employee.
EL 505 Section 6.3 states:
Send copies of such correspondence to the employee and to the OWCP district office, and forward copies of the physician's response to both, once it is received.
10. Delaying forwarding of CA-7 to OWCP
Form CA-7, Claim for Compensation, is used for claiming compensation for wage loss due to an on-the job injury. The Injured Letter Carrier completes the front side and submits it to the employer. The employer completes the reverse and forwards it to OWCP. When OWCP does not timely receive CA-7s, Injured Letter Carrier's suffer delayed payment of benefits. Both the law and the contract require management to complete and transmit Form CA-7 to OWCP within 5 working days after receipt from the employee.
20 CFR 10.111(c) and 10.112(c) provide:
Upon receipt of Form CA-7 from the employee…the employer shall complete the appropriate portions of the form. As soon as possible, but no more than five working days after receipt from the employee, the employer shall forward the completed Form CA-7 to OWCP.
ELM 544.12 states:
Control office and control point supervisors are responsible for reviewing all claims for accuracy and completeness and for forwarding claims and related documents to OWCP within prescribed FECA few time frames.
ELM 545.52d states:
The control office or control point forwards the completed Form CA-7 and any other accompanying medical reports to OWCP within 5 working days upon receipt from the employee.
OWCP regulations do not require the employer to provide a right to a completed copy of Form CA-7. However, both the Privacy Act and the Administrative Support Manual give employees a general right to any information which USPS files under their name or other identifying means.
Upon receipt of the CA- 7, the injured letter carrier can compare the date the completing manager signed the reverse of the form to the date the employee submitted it. If there is more than a 5 workday spread, the employee should request to see his or her steward.
This is the last of a three part article identifying the most common violations of FECA by postal management. If one becomes injured on the job in the future it is recommended that you refer back to this article along with the March and April 2019 edition of the Limb Leader. One should review the 10 violations discussed in these articles and if you believe that management is in violation of any of the 10 then you should see your Steward and ask that a grievance be filed on your behalf. On March 21, 2019 the Branch provided a workshop for the Shop Stewards on OWCP and its Regulations to assist the members on which form(s) to file for a claim when injured. Remember there should be zero tolerance for any mistakes by postal managers when it comes to processing an injured letter carrier's claim for an on the job injury.
I would like to take a moment to wish a Happy Mother’s Day to all that it applies too. I also want to wish everyone a Happy Memorial Day Weekend and thank all who served this great nation and remember all who died while serving.
