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.