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Wednesday, March 7, 2012

They Won't File My Paperwork...

So, you've been injured at work, completed your paperwork and submitted it to your employer. All the things you are required to do.

But then, lo and behold, you find out your Agency (or OWCP) never completed their portion or never sent your paperwork to OWCP or never processed your paperwork, delaying your claim and probably your benefits. What can you do?

There's a United States Code, (U.S.C.), U.S.C. Title 18 Chapter 93 Section 1922, that should help you. This law spells out the responsibilities of those involved in your OWCP claim. I've used this law many times in the past with much success.

"Upon receipt of Form CA-7 from the employee, or someone acting on his or her behalf, the employer shall complete the appropriate portions of the form. As soon as possible, but no more than five working days after receipt from the employee, the employer shall forward the completed Form CA-7 and any accompanying medical report to OWCP, 20 C.F.R section 10.111 Subpart B (c)."

"Whoever, being an officer or employee of the United States, charged with the responsibility for making the reports of the immediate superior specified by the FECA, 5 U.S.C. section 8120, who willfully fails, neglects, or refuses to make any of the reports, or knowing 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 sub-chapter 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 sub-chapter or any extension or application thereof, or regulations prescribed there under, shall be fined $500.00 under this title or imprisoned for not more than one (1) year, or both, 18 U.S.C. section 1922."

Here's my suggestion if you're in this situation...You should write a letter to OWCP with copies of the incomplete document(s) (CA-7, CA-1, CA-2, CA-2a, CA-16, etc...) with a copy of 18 U.S.C. 1922. You should demand that OWCP alert your Agency to its responsibilities under this law. OWCP should immediately contact the Agency who should then complete the missing paperwork, solving the problem.

If you can't get copies, complete the missing document again, sign it and include it with your letter to OWCP. Explain that your Agency will not provide you with any documentation which indicates the paperwork has been completed and processed as required by law and that's why you're sending it directly to them for help.

I would also send a copy to your Agency to put them on notice that you won't be rolling over for them and that you expect your claim to be handled properly and according to the rules, regulations and laws.

If this doesn't solve your problem, I suggest you bypass your Agency and OWCP, copy everything and request help from your Congressperson.

Your Agency and OWCP have tactics to delay your claim which delays your medical treatment and delays your compensation. OWCP may not want to answer you, but by law, they must answer your Congressperson within 30 days.

Here's the link to 18 U.S.C. 1922:

http://www.gpo.gov/fdsys/pkg/USCODE-2006-title18/html/USCODE-2006-title18-partI-chap93-sec1922.htm

5 comments:

  1. This situation is happening to me now; and it's not fair to me!, I've worked for the VA hospital for 36 years, to just be ignored this way!, I'm glad that this procedure to handle this matter is posted; I'm composing my letter at this moment .

    Thank you.

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    1. Jesse, Wow !!! You are simply amazing.... I to am filling out my CA-7, now... Thank you so very much for help... I cannot tell you how extremely useful you have been... Thank you for your class room... Not sure where I would be without it...

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    2. This comment has been removed by the author.

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    3. You're welcome...I'm glad it helped.

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  2. Thank you, Allison. I'm glad to know it's helping!

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