Claimants will be allowed at least 60 days to submit the additional evidence. Image: Micolas/Shutterstock.com
By: FEDweek StaffThe Labor Department has issued rules effective March 7 lengthening the period for an employee to submit evidence in support of a claim under the Federal Employees’ Compensation Act.
Under the FECA program, a person filing a new claim of a work-related injury or illness before Labor’s Office of Workers’ Compensation Programs must submit evidence. If a claims examiner determines that the evidence is not sufficient to prove a claim, the examiner must provide the employee with detailed instructions regarding what is needed, known as an initial development letter.
Traditionally, a claims examiner needed to give at least 30 days for a response to such letters, but a provision in the DoD budget measure signed last month increased the minimum to 60 days.
According to a January 6 Federal Register notice, “If the claimant submits factual evidence, medical evidence, or both, but OWCP determines that this evidence is not sufficient to meet the burden of proof, OWCP will inform the claimant of the additional evidence needed. The claimant will be allowed at least 60 days to submit the evidence required. OWCP is not required to notify the claimant a second time if the evidence submitted in response to its first request is not sufficient to meet the burden of proof.”
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