Recently San Diego Sector implemented a new pilot program called ECOMP, which involves employees electronically filing their CA-1 or CA-2. Here is the problem; ECOMP is an old program that is riddled with problems. DOL/OWCP personnel have stated that they don’t know why the agency is using ECOMP since it is a program they don’t even use.
Under Federal Employees Compensation Act (FECA), the employee is entitled to a copy and receipt of their CA-1 and CA-2. With ECOMP, the employee does not get a copy of the form or a receipt. The Union recommends that if you are injured at work that you fill out the CA-1 that you can download on our website. Then, turn in the CA-1 to your immediate supervisor.
If you are going to seek medical treatment, make sure you request a CA-16 from your supervisor. In accordance with FECA, your supervisor has 4 hours to give you a signed CA-16. Your supervisor cannot deny your CA-16. If you encounter a supervisor that refuses to take receipt of the CA-1 or CA-2 or denies your right to a CA-16, please contact Ron Zermeno at 1800-620-1613, ext 82. I have also included some questions and answers that were copied from DOL/OWCP CA-550.
B-1. What must an employee do when injured at work?
(a) Report the injury to the supervisor right away and obtain first aid as necessary;
(b) Complete a written report (Form CA-1 or CA-2) and give it to the supervisor;
(c) If a traumatic injury is involved, and further medical treatment is needed, obtain authorization (Form CA-16) from the supervisor for treatment by a physician of the employee's choice. If that physician is not available, the employee still has the right to choose a treating physician and should therefore select another (see question E-3);
(d) If a traumatic injury is involved, furnish the supervisor with medical evidence of any disability within 10 calendar days of claiming continuation of pay (see question D-5).
B-2. What forms are used to report injuries and diseases?
Form CA-1, "Federal Employee's Notice of Traumatic Injury and Claim for Continuation of
Pay/Compensation" is used to report a traumatic injury.
Form CA-2, "Notice of Occupational Disease and Claim for Compensation," is used to report an occupational disease.
The employee should carefully follow the instructions attached to Forms CA-1 and CA-2. Form
CA-1 should be filed within 30 days of the injury, and Form CA-2 should be filed within 30 days
of the date the employee realized the disease or illness was caused or aggravated by the employment. The forms may be obtained from the employer or from OWCP. The employer is expected to submit the completed form to OWCP within 10 workdays.
B-3. What is the difference between a "Traumatic Injury" and an "Occupational Disease or Illness"?
A traumatic injury is a wound or other condition of the body caused by external force, including stress or strain. The injury must occur at a specific time and place, and it must affect a specific member or function of the body. The injury must be caused by a specific event or incident, or a series of events or incidents, within a single day or work shift.
Traumatic injuries include damage solely to or destruction of prostheses, such as dentures or artificial limbs. Traumatic injuries also include damage to or destruction of personal appliances, such as eyeglasses or hearing aids, when a personal injury requiring medical services occurred.
(See question A-8 concerning personal property.)
An occupational disease or illness is a condition produced by the work environment over a period longer than one work day or shift. The condition may result from infection, repeated stress or strain, or repeated exposure to toxins, poisons, fumes or other continuing conditions of the work environment.
The length of exposure, not the cause of the injury or the medical condition which results, determines whether an injury is traumatic or occupational. For instance, if an employee is exposed to toxic fumes for one day, the incident is considered a traumatic injury. If the employee is exposed to toxic fumes for two or more days, the incident is considered an occupational disease.
B-7. What can an employee do if his or her supervisor refuses to accept a notice of injury, illness or death?
The employee should notify OWCP of the refusal. Federal law provides in 18 U.S.C. 1922 that:
Whoever, being an officer or employee of the United States charged with the responsibility for making the reports of the immediate superior specified by section 8120 of title 5, willfully fails, neglects, or refuses to make any of the reports, or knowingly files a false report, or induces, compels, or directs an injured employee to forego filing of any claim for compensation or other benefits provided under subchapter I of chapter 81 of title 5 or any extension or application thereof, or willfully retains any notice, report, claim, or paper which is required to be filed under that subchapter or any extension or application thereof, or regulations prescribed there under, shall be fined under this title or imprisoned not more than one year, or both.
C-11. Does the employer have the authority to accept or deny a claim?
No. Only OWCP may make this decision. While the employer pays or withholds COP, this action is subject to review by OWCP in every case.
These Q&A were taken from;
Publication CA-550
Revised July 2002
This booklet contains answers to questions often asked about the Federal Employees'
Compensation Act (FECA). It describes the basic provisions of the FECA in simple language,
and it discusses the issues most commonly raised about entitlement to benefits.
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