AS A MEMBER OF THE AMNC YOUR OWCP COVERAGE IS ALL -INCLUSIVE. THERE ARE NO OUT OF POCKET EXPENSES IN ANY AREA OF THE NORMAL HANDLING OF OWCP CLAIMS.
As a Federal Air Marshal, if you have been injured at work, your injuries are covered under the Office of Worker’s Compensation Programs (OWCP) which is governed by the Department of Labor, (DOL). Whether you’ve sustained a work-related traumatic injury, have an occupational injury or have off the job injuries that have been aggravated by their employment, we specialize in helping FAMs through the OWCP process. Federal Air Marshals who already have accepted OWCP claims are covered.
During the life of an OWCP claim, it is common for a claimant to require multiple appeals. There are three forms of appeals that one can ask for when one’s OWCP federal workers compensation case is denied.
- Review of the Written Record
The provision for this appeal is found under 5USC.8128 (a) which states: “Before review (reconsideration). A claimant not satisfied with a decision of the Secretary of Labor (OWCP) is entitled, on request made within thirty days after the date of the issuance of the decision, to a hearing on his claim before a representative of the Secretary.” An oral hearing or review of the written record is not permitted if the employee has previously been granted reconsideration. In other words, an oral hearing or review of the written record can precede, but not follow, reconsideration by OWCP.
- Reconsiderations [also under 5USC 8128 (a)]
A request for Reconsideration must be made in writing within one year of the last merit decision of record. The Reconsideration asks the Secretary of Labor (OWCP) to review legal argumens not previously made or to examine new evidence which is also substantial in nature, such as:
(A) A statement of a reliable witness not previously submitted which supports the employee’s claim that an accident occurred during the performance of duty.
(B) A new medical report which provides medical rationale that is not contained in a previous medical report. (Note: An employee may be represented by any responsible individual before or at an OWCP Hearing. This individual can be a friend, an attorney, or an OWCP Consultant.)
The ECAB is an appellate body in the Department of Labor separate and apart from OWCP. Decisions are issued by a three-member panel, each member which is appointed by the Secretary of Labor. The ECAB Appeal must be made within 180 days of the OWCP decision. This Appeal can be after a decision of an OWCP hearing representative, and for an OWCP decision from an Oral Hearing as review of the written record, or following a decision on a Motion for Reconsideration.
No new evidence can be submitted at this Appeal. Only the evidence of record at the time of Appeal is considered. After a decision is ordered, one can file for Reconsideration within one year of a decision rendered at ECAB by submitting either new medical evidence or new legal argument.
AGENCY, FAM MEDICAL, AGENCY NURSES, AND OWCP NURSE INTERFERENCE
It is common for Federal Air Marshals to experience interference from the agency, FAM medical, agency nurses and/or OWCP nurses that can negatively affect your OWCP claim.
From misinformation about medical documentation, forms, and nurses attending medical appointments and discussing your injuries with your physician, it is critical that you know your rights when these groups insert themselves into your claim.
If you have an accepted OWCP claim, a schedule award due to a permanent impairment to certain parts of the body will entitle you to an award of compensation payable for a set number of weeks.
Once you reach Maximum Medical Improvement, you can file for a schedule award if the impairment affects a body part OWCP covers.
If the impairment worsens, you can file for an increase in the schedule award.
We guide you through the schedule award process.