ARTICLE

38.

Section 1 - Counseling

The Department agrees that when employees suffer or allege illness or injury in the performance of duties, the supervisor and/or the appropriate management official will immediately inform the affected employees of their rights under the Federal Employees Compensation Act (FECA). These rights include the following:

A. The employee's right to file for compensation benefits,

B. The types of benefits available,

C. The procedure for filing claims, and

D. The option to use compensation benefits if approved in lieu of sick or annual leave.

Section 2 - Procedure for Filing Claims for Workers' Compensation Benefits

A. As soon as possible after experiencing a job-related injury or illness, the employee should contact her supervisor.

B. The employee should obtain Form CA-1, Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation, from the health unit.

C. The appropriate sections of the form should be filed out by the employee and given to the supervisor as soon as possible, but not later than thirty (30) calendar days from the date of the occurrence. If the employee is incapacitated, this action may be taken by someone acting on her behalf.

D. The Department agrees to post a notice on all Department-controlled bulletin boards advising employees of the appropriate Human Resources' office room/building location for filing Workers' Compensation claims. The notice will also include Human Resources' office telephone numbers for obtaining information/assistance relevant to Worker's Compensation claims. The Department further agrees to distribute annual notice to all employees providing them the same information.

Section 3 - Definitions

A. Traumatic injury/illness means a wound or other condition of the body caused by external force, including stress or strain, which is identifiable as to time and place of occurrence and member or function of the body affected. The injury must be caused by a specific event or incident or series of events or incidents within a single work day or work shift.

B. Occupational Disease means a condition produced in the work environment over a period longer than a single workday or shift by such factors as systemic infection, continued or repeated stress or strain, or exposure to hazardous elements such as but not limited to, toxins, poisons, fumes, noise, particulates, or radiation, or other continued or repeated conditions or factors of the work environment.

Section 4 - Election of Benefits Options

A. Pending the approval of the compensation claim, an employee with a job-related traumatic injury/illness or occupational disease may elect to be placed on sick or annual leave instead of leave without pay.

B. As an alternative to Section 4A, above, an employee with a job-related traumatic injury/illness may elect to receive forty-five (45) days of continuation of pay (COP) if the claim is filed within thirty (30) days of the injury. The entitlement to COP is not available to employees who file an occupational disease claim.

C. If the employee's claim is approved, the employee shall have the option of buying back any leave used and having it reinstated to the employee's account.

D. If the employee's claim for compensation is disallowed by the Department of Labor, Office of Workers' Compensation, any of the forty-five (45) days of COP that were previously granted will be converted to sick leave, annual leave, and/or leave without pay. The employee shall be responsible for advising the Department as to which form(s) of leave is (are) appropriate and for completing an SF-71, Application for Leave,or its electronic equivalent.

E. The Department shall assist employees in obtaining technical information regarding the proper procedures for filing claim appeals to the Department of Labor.

Section 5 - Placement of Worker's Compensation (OWCP) Claimants

A. When an employee requests and supports his request with appropriate medical information, the Department, will make a serious effort to assign the employee on a temporary basis to duties consistent with the employee's medical needs, pending resolution of his claim.

B. Where the employee requests and supports his request with approved OWCP claim and appropriate medical information, the Department will make a serious effort to assign the employee to duties consistent with the employee's medical needs. Any such action will be consistent with the negotiated Merit Promotion Article.

C. If the Department of Labor, Office of Workers' Compensation, determines that an employee who was previously deemed disabled has now recovered and is medically able to be reemployed, the Department will make a serious effort to offer appropriate employment.