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| OWCP (Office of Workers' Compensation Program) Appeals |
| Disclaimer: Forms herein were obtained from various government websites, including OWPC's and are provided herein by courtesy of EEO 21, LLC for public use. EEO 21, LLC is not responsible for failure to maintain updates or alteration in the form made either by OWCP or by users. Use these forms at your own peril. |
| OWCP Guides (from http://federalcompensation.com/Monthly-Topic/denial-of-workers-compensation-and-medical-benefits.htm) If a claim is denied, the injured employee has the right to appeal by either requesting an oral hearing, requesting reconsideration, or asking for review from the Employees' Compensation Appeals Board (ECAB). ECAB does not accept new evidence; it makes its decision based on the record. Because the claimant's initial medical report can be at fault, submitting new evidence is crucial. Therefore, the best way to appeal a denial is usually by hearing or reconsideration. ******* (from http://www.dol.gov/ecab/faqs/owcp.htm) Frequently Asked Questions QUESTION: May I exercise appeal rights before OWCP and the Board at the same time regarding the same issue in a case? ANSWER: No. When OWCP issues its decision, it provides a list of appeal rights. Among those options is a right to appeal OWCP’s decision to the Board. Please review these carefully before deciding which option to pursue. You may exercise only one review option at a time. Exercising more than one option at a time will delay development and adjudication of your appeal before the Board. ********* (from http://www.federal-workers-comp.com/owcp-oral-hearings-by-telephone/) When a federal employee who has been injured on the job and subsequently filed an OWCP Workers’ Compensation claim receives a determination by OWCP of denial or termination of the worker’s claim, it does not mean that is the permanent end of the worker’s claim. Fortuantely, under OWCP the employee still has some appeal rights and options he/she may pursue to get the claim reinstated and properly mediated. One of these options is the employee’s right to request and receive an Oral Hearing or Review of the Written Record. The Oral Hearing is a non-adversarial hearing with the employee, the employee’s representative, the hearing examiner and a professional transcriber present. The Oral Hearing gives the employee the opportunity to present additional facts and evidence for the examiner’s consideration and allows the claimant to further present his/her case before any final decision by the examiner and OWCP can be rendered. ********* (from http://www.federal-workers-comp.com/owcp-appeals/) OWCP Appeals by L. Perez There are three forms of appeals that one can ask for when one’s case is denied. 1. Oral Hearings or 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. Telephonic Oral Hearings OWCP Oral Hearings can now be conducted telephonically saving you the trouble and cost of attending your OWCP Oral Hearing in person. Federal Workers Compensation Consultants can now represent you during your OWCP Oral Hearing via telephone conference call. 2. 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.) 3. ECAB 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. ******** Q&A Concerning Benefits of the Federal Employees' Compensation Act: http://www.dol. gov/owcp/dfec/regs/compliance/feca550q.htm Appeal Request Form in RTF or PDF |
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