Management’s Violations of Federal Employees Compensation Act (FECA) Part 1
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.
When Management makes mistakes in handling of claims for injured Letter Carriers who have suffered an on the job injury, Management should be held accountable to comply with the laws and regulations governing on the job injuries.
There should be zero tolerance for any mistakes by Postal Managers when it comes to processing an injured Letter Carrie’s claim for an on the job injury. Unfortunately, too many injured Letter Carrier’s claims become unnecessarily complicated due to Management’s mistakes in handling the claims. If this occurs, the injured Letter Carrier should see their Shop Steward about the problem caused by Management in handling of their claim, and possibly file a grievance if necessary.
Below are some of the more common mistakes and violations that Managers make in processing Letter Carrier’s compensation claims.
Also included is the applicable citations from FECA and Management’s handbooks and manuals that are pertinent to each violation. All these errors may be grieved as violations of the National Agreement (NA).
1. Failing to advise carrier of their right to choose a physician
The law gives injured Letter Carriers the right to free choice in their initial selection of a physician. It also requires the employer to advise an injured employee of that right. Postal regulations reinforce those requirements. Despite the very clear language of the law and contract, Supervisors often fail to advise employees of their right to choose a physician.
20 CFR 10.300(d) states: The employer should advise the employee of their right to his or her initial choice of physician. The employer shall allow the employee to select a qualified physician.
ELM Section 543.3 states: FECA guarantees the employee the right to an initial choice of physician.
ELM Section 544.112 states: In case of a traumatic injury, the Supervisor must advise the employee of the following :The right to select a physician of choice. ELM Section 545.21 states: The control office or control point must advise the employee of the right to an initial choice of physician (see 543.3).
Handbook EL 505 Section 3.2 states: Immediately ensure that appropriate medical care is provided: Advise the employee of his or her right to treatment by a USPS contract medical provider or by a private physician or hospital of his or her choice.
EL 505 Section 3.3 states: FECA guarantees the employee the right to a free choice of physician. EL 505 Section 3.9 states: Obligation: Ensuring Right to a Free Choice of Physician Initial medical examination and treatment must be authorized in accordance with FECA provisions and applicable OWCP regulations and policies governing medical care. FECA guarantees the employee the right to a free choice of physician. EL-505 3.10 STATES: Supervisor’s or ICCO Obligation: Authorizing Medical Examination and or Treatment – Initial medical examination and/ or treatment must be authorized in accordance with the FECA provisions and applicable OWCP regulations and policies governing medical care. FECA guarantees the employee the right to a free choice of physician.
It is easy to see from the above citations that injured letter carriers have a right to a free choice of physician and Supervisors have a responsibility for fully explaining this right to the injured letter carrier.
2. Failing to provide a receipt for a submitted CA-1 or CA-2
Letter Carriers are required to submit Forms CA-1 and CA-2 to their Supervisors when they suffer traumatic or occupational injuries. The USPS then forwards the CA-1 or CA-2 to OWCP. Whenever a Supervisor receives a CA-1 or CA-2, he/ she is required to sign the receipt portion of the form, and give it to the employee. This receipt is important to an injured worker because it proves beyond any doubt the date the claim was submitted. Injured Letter Carrier’s claims can quickly become complicated if Supervisors do not complete the receipt and give it to the injured Letter Carrier.
20 CFR 10.110(a) requires the employer to complete the Receipt of Notice and give it to the employees. Instructions on Forms CA-1 and CA-2 require the Supervisor to complete the receipt and give it to the employee at the time the form is received.
ELM 544.11c requires the Supervisor ro complete the receipt and give it to the employee.
EL 505 Section 3.6 requires the Supervisor to complete the receipt attached to the CA-1 and give it to the employee, upon receipt of the CA-1 from the employee. EL 505 Exhibit 3.13 (Injury Action Checklist) requires the Supervisor, upon submission by the employee, to complete the receipt portion of the CA-1 and return the receipt to the employee.
As shown in the above citations the receipt requirement is clear and provides for no exceptions. It is difficult to imagine circumstances where failure to provide a receipt would be justified.
3. Failure to provide a CA-16:
The CA-16 is used for traumatic injuries only. It is not used for occupational disease or injury. It must be issued by Management in most cases where a CA-1 is submitted and the employee seeks medical attention. Only in very limited circumstances may Management not issue a CA-16.
The regulations governing the CA-16 are plentiful and are found at 20CFR 10.211 (a) 10.300, and 10.331; ELM 545.2, 545.44 AND 545.45; EL 505 pages 24, 37,40,45,47,48,and 109; and EL 806 122.2. The ELM citations are cited below.
ELM 545.21 states: The control office or control point must promptly authorize medical treatment by issuing the employee a properly executed Form CA-16 within 4 hours of the claimed injury. If the control office or control point gives verbal authorization for care Form CA-16 should be issued within 48 hours. ELM 545.44 states: Form CA-16, Authorization for Examination and or Treatment, must be issued to the employee’s physician of choice promptly following the report of injury, as specified in 545.2 ELM 545.45 states: If treatment with a contract physician will exceed two visits, the employee may continue treatment with a postal or contract physician provided the employee designates that person as his or her physician of choice. Form CA-16, Authorization for Examination and / or Treatment, must be completed in accordance with 545.2.
Nothing in 20 CFR 10 or relevant postal manuals requires an employee to request a CA-16 from the supervisor. Nevertheless, employees should specifically request it from the supervisor whenever they submit a CA-1 and seek medical attention.
Form CA-16 is critically important to injured workers. However, Management sometimes fails to provide it. This often causes problems for injured workers. Their claims are delayed or worse sometimes denied. If injured and a CA-16 should have been provided but was not, see your Shop Steward to enforce the regulations regarding CA-16 and hold managers accountable for their failures.
4. Failing to provide completed copy of CA-1 OR ca-2
When an injured Letter Carrier submits a CA-1 or CA-2 the employer is required to complete the agency portion and then give a completed copy of the form to the employee. The copy is important because it alerts an injured Letter Carrier to any USPS objection of the claim. Early knowledge of such USPS objections can help the injured employee counter them effectively from the start. It becomes much more difficult if the injured Letter Carrier does not learn about them until months later.
20 CFR 10.110(a) requires the employer, when it receives a CA-1 or CA-2, to give the employee copies of both sides of the form. ELM 544.12 states that the control office must provide the employee a copy of the completed CA-1 Or CA-2.
The above violations if they occur to you should be brought to the Steward’s attention and challenged through the grievance procedure if necessary. Unfortunately these are just 4 examples of Management’s OWCP violation. More examples of violations along with relevant information will continue in the LIMB Leader in the coming months. 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.
