ARTICLE 18
DISABILITY COMPENSATION

SECTION 1 - RESPONSIBILITIES

A. The U.S. Department of Labor (DOL), Office of Workers'
Compensation Programs (OWCP) administers disability compensation
benefits for civilian employees in accordance with the Federal
Employees Compensation Act (Chapter 81 of 5 U.S.C.). The Act
prescribes civilian employee compensation benefits for disability
arising from personal injury or disease sustained while in the
performance of duty. The Act and OWCP procedures also provide
for job retention rights, long-term disability situations, and
the payment of benefits to dependents if a work-related injury or
disease causes an employee's death. In order for an employee to
qualify for benefits, it must be established that injury,
illness, or death was directly related to employment, or that a
prior injury or illness was accelerated or aggravated in the
course of employment. However, employees cannot receive
disability compensation benefits if the injury or death is due to
willful misconduct, intention to bring about injury or death to
oneself or another, or if intoxication is the proximate cause of
the injury.

B. The Agency accomplishes its disability compensation
responsibilities through appropriate Human Resources, safety
and/or occupational health organizations as well as by the
efforts of supervisors and employees. The Agency may provide
access to and/or arrange for medical care facilities for
examination and treatment of injured employees.

1. In accordance with applicable law, regulations, or
directives, the Agency and/or supervisors will authorize
employees' medical care for work-related injuries or occupational
diseases. They will provide proper forms; advise of rights to
use annual, sick, or leave without pay when the injury, illness
or disease renders the employee incapable of performing assigned
duties; ensure that any claims for benefits are submitted
promptly to OWCP; and contact OWCP to assure timely action on
claims. The Agency may challenge claims by submitting
information to OWCP. In addition, an employee who suffers a job-related
traumatic injury will be advised of rights to receive
Continuation of Pay (COP), if eligible.

2. Training will be provided on how to handle work-related
injuries. Training will be furnished to new employees on
the governing law, regulations, directives, and local procedures.
Periodic updates will be provided to other employees including
those working on shifts. Such education will include
explanations of benefits and the forms to use in reporting
injuries and occupational diseases.

C. Employees are responsible for immediately reporting to
the supervisor all injuries, illnesses, and occupational diseases
which occur on the job, and recurrences of work-related injuries,
illnesses, and occupational diseases. This will normally be done
in writing, using OWCP forms and procedures. If the employee is
incapacitated, notification actions may be taken by someone
acting on his or her behalf, including an Agency official, family
member, union official, or other representative. The employee
has the responsibility of providing evidence that the claimed
condition and the disability, if any, were caused, aggravated, or
adversely affected by his or her Federal employment.

D. Supervisors are responsible for ensuring that employees
are counseled on rights, options, and benefits. This includes
information such as: rights to file for benefits, conditions of
coverage, claim forms and procedures for processing claims,
transportation information, payment for medical care,
continuation of pay during time lost from work, leave usage, and
re-employment rights following recovery from an injury, illness,
or occupational disease. Supervisors should furnish necessary
forms, assist employees in properly completing forms, provide
completed copies to employees, and advise employees to obtain a
description of work restrictions if light or limited duty is
possible during periods of rehabilitation or recovery. The
supervisor and Agency must not attempt to prevent an employee
from filing a claim under any circumstance. The OWCP is the
final authority in such determinations.

E. All personnel are responsible for respecting the dignity,
privacy, and rights of injured employees to file claims, to
obtain necessary medical treatment, and to accept light or
modified duty during rehabilitation or recovery.

SECTION 2 - TYPES OF INJURIES

A. A traumatic injury is a wound or other condition of the
body caused by external force, including stress or strain. The
injury must be identifiable by time and place of occurrence and
member of the body affected; it must be caused by a specific
event or incident or series of events or incidents within a
single day or work shift. Traumatic injuries also include damage
to or destruction of prosthetic devices or appliances, including
eyeglasses and hearing aids if they were damaged incidental to a
personal injury requiring medical services. Such injuries
require filing of a CA-1 and other forms.

B. An occupational disease is a condition produced in the
work environment over a period longer than 1 workday or shift.
It may result from systemic infection; repeated stress or strain;
exposure to toxins, poisons, or fumes; or other continuing
conditions of the work environment. Such injuries require filing
of a CA-2 and other forms.

C. A recurrence is a spontaneous return or increase of
disability due to a previous injury or occupational disease
without intervening cause, or a return or increase of disability
due to a consequential injury. A CA-2a and other forms should be
filed.

SECTION 3 - MEDICAL SERVICES

A. If an employee requires medical treatment because of
injury, the supervisor or other designated official should
promptly complete the front of the CA-16 and other forms.
Medical care will be authorized in accordance with OWCP
procedures. With prior approval of OWCP, a CA-16 may be used in
occupational disease cases.

B. The employee is entitled to select the physician or
facility, which is to provide medical treatment. If the Agency
provides access to and/or arranges medical care facilities for
the examination and treatment of injured employees, use of such
facilities may not be mandated.

C. When transportation to obtain medical care is not
furnished by the Agency, information on transportation
alternatives will be made available. The employee may be
reimbursed for appropriate travel expenses as authorized by
governing OWCP procedures.

D. Disputes concerning the validity of medical claims will
be resolved as specified by OWCP procedures.

SECTION 4 - CONTINUATION OF PAY (COP)

The day, or portion thereof, on which the employee is injured
or becomes ill from a work-related cause will be treated as
excused absence. An employee may use COP, annual, or sick leave
to cover all or part of any additional absence due to the injury.
If an employee elects to use leave, each full or partial day for
which leave is taken will be counted against the entitlement to
COP. COP benefits continue the employee's regular pay for up to
45 calendar days of wage loss due to disability and/or medical
treatment following a traumatic injury. An election of annual or
sick leave during the 45-day period can be changed. If an
employee who has elected leave for this period wishes to elect
COP, the Agency must make such a change on a prospective basis
from the date of the employee's request. Where the employee
wishes to have leave restored retroactively, the Agency must
honor the request, provided the Agency receives prima facie
medical evidence of injury-related disability for the period.
Leave without pay may also be used as approved by the Agency. A
CA-1 and other forms are used to file for COP benefits.
Employees may receive additional guidance on COP policy and
procedures from their servicing personnel office.

SECTION 5 - ACCOMMODATION AND LIGHT DUTY

A. Employees who have been injured should be returned to a
full duty status in a timely manner, but not until they are able
to perform the full range of their normal job requirements. To
the extent practicable, the Agency will reasonably accommodate
employees with suitable light or limited duty assignments until
medical authorities indicate that a return to normal duties is
possible.

B. When the employee's treating physician indicates that the
employee is capable of performing light or limited duty work, the
Agency will normally direct the employee to work in assignments
that are within the capabilities of the employee as indicated by
the treating physician.

C. An employee who refuses to work in a light or limited
duty assignment, after receiving medical approval to do so, may
be ineligible to receive COP, liable for any overpayments
received, and/or subject to other actions.