(d) For the 2020 Census, enumerators and census field supervisors ordinarily worked an average of 5.25 hours per day, four days per week. b. (c) The title, grade, and pay rate of a full-time position at the EA in which the service performed is the same or most similar to that performed by the injured person. The claimant should be advised via letter to submit a new claim once the period has passed. The Census Bureau sometimes enters into contracts with state, county and city governments to conduct various types of surveys. A negative, absent, or ambiguous answer to this question should prompt the CE to release Form CA-1030 to the EA. She is disabled for 17 days before returning to her full, regular duties. The agency will notify the employee of the right to elect COP or to use annual or sick leave or LWOP if the injury is disabling, and advise the employee that leave used counts against the 45-day COP period, per 20 C.F.R. (See FECA Program Memoranda Nos. Example 2. (6) Effective August 29, 2011, the Secretary added by regulation the skin as a new schedule member, for up to 205 weeks of compensation, for injuries sustained on or after September 11, 2001. See 5 U.S.C. Schedule Award Decisions. (1) The length of the award is determined by the provisions of 5 U.S.C. In the iFECS case management system, it is necessary to assign an Activity Code to certain groups of cases so that iFECS performs certain calculations. After 09/07/74, the new compensation after adding the CPI is rounded to the nearest $1.00 on a monthly basis or the nearest multiple of $.25 on a weekly basis ($.25, $.50, $.75, or $1.00). (1) For the 2020 Census, the Bureau of the Census hired individuals in Area Census Offices (ACOs, formally known as Local Census Offices (LCOs) in the 2010 Census) throughout the U.S., including Alaska, Hawaii and Puerto Rico. Exhibit 2 provides a detailed listing of yearly MAX rates. Otherwise, the CE may process the schedule award based on the report of the referee examiner. 10.200(c). If an injury causes serious disfigurement of the face, head or neck of a character likely to handicap a claimant in securing or maintaining employment, a schedule award is payable under 5 U.S.C. The ECAB has interpreted the word "disability" at 5 U.S.C. Purpose and Scope. Evidence Required. References: FECA Program Memoranda (ProM) Nos. 10.221, the employing agency may controvert a claim on the basis of the information submitted by the employee or secured on investigation. If you elect to receive your schedule award in this form, please sign the attached agreement and return it to this Office. If an employee refuses to submit to or obstructs an examination required by the Office under the provisions of 5 U.S.C. The minimum rate was not affected. Purpose and Scope. Elements Excluded from Pay Rate. After obtaining all necessary medical evidence, the file should be routed to the DMA for opinion concerning the nature and percentage of impairment. DISABILITY MIN COMP RATES PER WEEK (4 WEEK). If an employee has elected sick or annual leave for the period and then wishes to elect COP, the agency is required to make such a change on a prospective basis (from the date of the employee's request). The CE should provide all relevant payment information based upon the payment output, including the percentage of impairment, the schedule member, date of MMI, the period and length of the award, the weekly pay rate, the compensation rate, and the effective date of the pay rate. For employees who worked regular part-time schedules when injured, the term "full-time" should be construed as "full-schedule. (1) For Postal Service employees, the amount shown is multiplied by 2080, and then divided by 52. Clerk: $8.20 to $15.82. See Mark A. Holloway, 55 ECAB 321 (2004). (1) Refund Action When Repayment is Due OPM. See paragraph 17. The average annual earnings are determined as described in paragraph 4(a) above. b. b. (c) If the DMA believes that the impairment has not been correctly described by the claimant's physician or the second opinion examiner, the DMA should specify the missing information so that it can be requested. a. HEARING: If your injury occured on or after July 4, 1966, and you have not requestedreconsideration, as described below, you may request a Hearing. As the enclosed award notice indicates, the award will run through DATE. The same basic rules apply for wage-loss compensation as identified in other sections of this chapter. This is necessary to determine the actual days of compensation entitlement. (MSHA's predecessor agency was MESA, the Mine Enforcement and Safety Administration, U.S. Department of the Interior. See 20 CFR 10.422(a). 17. Rather, the CE should refer the claimant to the appeal rights provided with the original sanction. This paragraph provides guidance on how to compute a basic weekly pay rate, depending on the form in which pay is reported: a. FECA PM 2-0900 addresses when it is appropriate to use the daily basis to pay compensation. See 20 C.F.R. (2) Additional pay or post-allowance authorized outside the United States and its possessions because of differential in cost of living or other special circumstances. Responsibility. The Secretary has added by regulation the following organs: the breast, kidney, larynx, lung, penis, testicle, tongue, ovary, uterus/cervix and vulva/vagina. (15) FAA Air Traffic Controller (ATC) Pay. This is only earned when the boat is in a combat zone during wartime. j. Entitlement to Other Benefits Under the FECA. Claimants must elect this coverage when separated or retired from Federal employment. (2) Similarly-employed worker. (d) Average annual earnings are determined as follows: (4) If the employee served without pay or at nominal pay, paragraphs (1), (2), and (3) of this subsection apply as far as practicable, but the average annual earnings of the employee may not exceed the minimum rate of basic pay for GS-15. The work day and work week for firefighters recruited on an emergency basis by the Forest Service, National Park Service, and Bureau of Land Management (other than those who are "career seasonal" as outlined in FECA PM 2-0900) may exceed eight hours per day and five days per week. See PM 2-1000. It does not mean, however, that a claimant in this medical condition should be automatically declared permanently and totally disabled. Thats not the case if you are called to active duty. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} b. Similarly, the impairment computed for monaural loss of each ear occasionally exceeds the percentage for the binaural loss, and in such instances the award should reflect the computation most favorable to the claimant. The CE should further advise the claimant that if he or she elects a lump-sum payment of a schedule award, it will be paid at the four percent discount rate, and that it represents full and final compensation payment for the period of the award, even if he or she suffers a recurrence of total disability. In other instances, the employment status and/or pay rate is too uncertain to make specific determinations (e.g., Work Study students, Civil Air Patrol Volunteers, and non-Federal law enforcement officers). Only the front of the form need be completed if a disfigurement award is the only benefit claimed. 8116(b) applies to FECA benefits based on the injury or death of an "employee." Civilian members of the Air and/or Army National Guard normally work a set 40-hour work week but perform a two-week or 15-day drill duty each year in addition to monthly training assemblies. All other Initial and Subsequent Claims for Compensation. (7) If the child is still a student upon turning 23 years old, augmented compensation should terminate at the end of that semester or enrollment period. For instance, a back injury may result in impairment to a leg, for which a schedule award would be payable. Widow/er--3/5, 2/more children--2/5, Exhibit 2: Maximum Compensation Rates (continued), Exhibit 3: Cost-Of-Living Adjustments under 5 U.S.C. (1) If a claimant's weekly compensation rate is greater than the MAX, compensation is limited to the maximum amount. COP should not be terminated until one of the following circumstances occurs: a. CPI Start Date = DOI, DDB, or DOR (pay rate effective date), Pay Rate Date = DOI The provisions of 5 U.S.C. 10.216(b)(3). All crew members are guaranteed a set base salary but may earn extra pay for items discussed under paragraph 6(b) below. If a payment is processed with future dates, the CE should advise the claimant in writing of his/her obligation to advise the OWCP immediately if he/she returns to work, since an overpayment could be created. This increases with the number of years worked, and sick leave is earned at four hours for every pay period. (A claimant who is permanently and totally disabled because of an employment-related injury is not entitled to a disfigurement award.) Census Bureau employees can be either full-time 40 hour per week regular employees, or may be hired every ten years to work in temporary appointments (not to exceed 180 days) as enumerators, crew leaders or clerks. (*) December 2007 had a CPI-W level of 205.777 per BLS. Job Corps. (b) If not, except for educational benefits as explained in paragraphs 8c and 8d below, no election is necessary. See paragraph 12 below. Effective 09/07/74, total monthly compensation could not exceed the monthly pay except for CPI increases (5 USC 8146a), or the maximum monthly compensation rate. 5545(c)(2) (see also FECA Program Memoranda Nos. The OPM then notifies the National Office of the election. Exhibit 1: Restrictions on Payment of Benefits Under the FECA, RESTRICTIONS ON PAYMENT OF BENEFITS UNDER THE FECA CONCURRENTLY WITH BENEFITS UNDER If the reply shows that the veteran's award is other than "pension for service in the Army, Navy or Air Force," the CE must determine whether the award is based on a finding that the same disability or death for which FECA benefits are payable was caused by the military service, or whether the DVA increased an award or found an award was payable for service-connected disability, because of the civilian employment injury for which FECA benefits are claimed (see examples in paragraph b below). This letter must contain all identifying information indicated on the form. The CE should normally not delay a payment to obtain such clarification, which can be obtained in writing or by a phone call to the EA and then documented by placing a CA-110 in file. (2) FECA disability benefits will be reduced by the Social Security Act benefits paid on the basis of age and attributable to the employee's Federal service. c. Children. 2) You may submit additional written evidence with your request. See paragraph 8b above. For this reason, the CE must determine the nature of the employment. ), a. The attending physician should perform the evaluation whenever possible; however, the claimant may submit an examination from another physician if the regular attending physician does not wish to or cannot provide an impairment rating. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} If OPM benefits are elected, the employee is still entitled to payment of medical expenses for treatment of the accepted condition(s). The Postal Service uses a formula to determine the evaluated salary, which may be based on an evaluation of between 36 and 48 hours per week. If the OWCP directs a claimant who is working to undergo a second opinion or referee medical examination, reimbursement for wage loss should be paid under the authority of 5 U.S.C. The CE will show the claimant's OPM claim number when authorizing payment to OPM on Form CA-24, CA-25 or CA-25a. Period of Entitlement. If the claimant no longer remains exposed to the work factors claimed and there has been a change in work duties, e.g., limited duty, then the date of last exposure is used. Where the award includes a fraction of a day, line 3 of Form CA-181, Schedule Award Decision, should include the phrase "fraction of a day. 8133, but the balance of the award is not payable to the survivors. Any extra wages earned for this specific service under a Presidential call should be obtained for the year prior to the date of injury, since serving under a Presidential call is not a voluntary action. 5. The ECAB has also noted that the duties of "regular" employment are covered by a specific job classification, pointing out that the legislative history of the 1960 amendments to the FECA, which added the alternative provisions to section 8101(4), demonstrates that "Congress was concerned with the cases in which the injured employee had 'recovered' or had 'apparently recovered' from the injury." In either case, interest on your loan will continue to accumulate. The CE must ensure that the case record contains documentation that the preliminary notice of termination was in fact issued prior to the date of injury. The final impairment payable for the skin is determined by dividing the actual whole person impairment of the claimant by the maximum allowable (58%) and then converting that number to a final percentage. (d) A technical, trade, vocational, business or professional school accredited or licensed by the United States Government, a state government, or other related government entity that provides courses at least three months long, and prepares an individual for work in a trade, industry, vocation or profession. Like any other employee, however, a temporary employee who first reports a traumatic injury after the employment is terminated is not entitled to COP, per 20 C.F.R. (*) Before 09/07/74, the new compensation after adding the CPI is rounded to the nearest $1.00 on a monthly basis, or the nearest multiple of $.23 on a weekly basis ($.23, $.46, $.69, or $.92). 5925. Where the residuals of an injury to a member of the body specified in the schedule extend into an adjoining area of a member also enumerated in the schedule, such as an injury of a finger into the hand, of a hand into the arm or of a foot into the leg, the schedule award should be made on the basis of the percentage loss of use of the larger member. That schedule can be entered and payment can be made based on work days. Purpose and Scope. 10.200(d). See paragraphs 12-14. f. Whether the claimant is enrolled in a health benefits insurance (HBI) and/or life insurance (LI) plan and, if so, the period for which premiums should be deducted. Sunday premium, shift differential, etc.) 10.200(d). Employee Rights Regarding Past Employment. Medical appointments are not considered disability from work. Alternatively, if a child between the age of 18 and 23 is the sole claimed dependent but student status is not yet established, the CE should process payment at the lower 66 2/3 compensation rate while simultaneously developing to determine if the claimant is entitled to augmented compensation. The Federal Firefighters Overtime Pay Reform Act of 1998 provides "overtime" for hours in the regular tour of duty to both FLSA nonexempt and exempt firefighters. 10.405) who is: (2) Living with the employee or receiving regular contributions from the employee toward his/her support, as long as the child is under 18 years of age or over 18 years of age but incapable of self-support due to a physical or mental disability. A daily pay rate may be used only when all of the following four tests are met: (1) The injury caused only temporary total disability. The DMA should also be asked to provide the date MMI was reached. Receipt on Regular Basis. F. Veterans' Disability or Death Benefits. New workers earn four hours of this leave for every 80 hours they work, or 13 days per year. For example, if an aggravation of left hip osteoarthritis is accepted as work-related but the claimant also suffers from non-industrial left knee osteoarthritis, both of which have resulted in permanent impairment, an assessment of impairment should reflect the total loss of the left leg, to include both the industrial and non-industrial injuries. Part-time flexible employees are not paid extra for holidays, as their basic pay rate includes an increment for holidays. Such payment must be made at the 66 2/3 percent rate, rather than 75%, for the portion of the award that runs after the date of death (it is made at 75% from the date of MMI through the date of death). (2) Parents in receipt of other monetary benefits, such as Social Security or a retirement pension, are not considered wholly dependent on the claimant. Disability Compensation. Temporary postal workers are usually hired for a specific appointment. (2) The employer does not usually provide subsistence and quarters to employees unless the conditions and place of employment render it impossible or impractical for an employee to obtain food and lodging from another source.