1	PURPOSE

	This regulation states the authority and policy for providing compensation

	and benefits to employees who sustain a traumatic injury or occupational
 
	condition while in the performance of duty.


2	POLICY

	The Department of Agriculture's (USDA) policy is to manage Workers' 

	Compensation and Return-to-Work Programs in an effective manner to provide
 
	rightful benefits to eligible employees, their dependents or survivors, and 

	to control program costs.  This regulation prohibits discrimination in the 

	administration of the Workers' Compensation and Return-to-Work Programs 

	according to race, sex, national origin, and disability, in addition to 

	religion, political beliefs, martial/familial status, equal pay, reprisal and
 
	sexual orientation.


3	DEFINITIONS

	a	Injury.  A wound or other condition of the body caused by external 

	force, including stress or strain.  The injury must be identified by the time 

	and place of occurrence and member of the body affected; it must be caused by 

	specific events or incidents within a single day or work shift.  Injuries also 

	include damage to or destruction of prosthetic devices or appliances; 

	including eyeglasses and hearing aids if they were damaged incidental to a 

	personal injury requiring medical services.


	b	Illness.  A condition which is the result of systemic infection, 

	continued / repeated stress or strain, exposure to toxins, fumes, or other 

	continued / repeated exposure to conditions of the work environment over a 

	period of time longer than a single work day or shift.


	c	Continuation of Pay (COP).  The process by which an agency may
 
	continue paying salary to an employee, who is disabled and unable to work
 
	due to a traumatic injury, for a period of 45 calendar days.  COP is not 

	paid in cases of occupational illnesses.


	d	Controversion.  The process by which a supervisor or an agency 

	recommends to the Department of Labor (DOL), Office of Workers' Compensation

	Program (OWCP), that COP be denied.


	e	Limited Duty.  Those specific duties and responsibilities of an
 
	employee's regular position that meet the employee's current work capabilities

	as identified by a physician.  These duties may constitute all or part of the

	employee's regular job assignment.  They may be performed for a full work shift

	or for shorter time periods.


	f	Light Duty.  Those duties and responsibilities that are outside an
 
	employee's regular position, but that meet the employee's current work 

	capabilities as identified by a physician.  They may be performed for a full 

	work shift or for shorter time periods.


4	AUTHORITIES

	The authorities for providing compensation for injuries and illnesses 

	sustained in the performance of duty are contained in the Federal Employee's
 
	Compensation Act (FECA), Title 5 of the United States Code, Sections 8101-8193 

	and Title 20 Code of Federal Regulations, Part 1-25.


5	RESPONSIBILITIES

	a	The Assistant Secretary for Administration will:


		(1)	Advise the Secretary of Agriculture, Mission Area/Agency Heads, 

			and staff officials in planning, developing and implementing 

			policies, programs, and systems to manage workers' compensation 

			programs; 


		(2)	Establish goals for the reduction of the workers' compensation 

			program costs.


	b	The Director of the Office of Human Resources Management will:


		(1)	Advise the Assistant Secretary for Administration and USDA 

			agency and staff officials in planning, developing and 

			implementing policies, programs and systems to manage workers'
 	
			compensation programs;

		

		(2)	Develop and interpret Departmental policies and standards
 
			for the  USDA workers' compensation program; and 

	
		(3)	Represent USDA in rule making presentations before advisory 

			or legislative groups affecting the workers' compensation program.


	c	The Director, Safety, Health and Employee Welfare Division (SHEWD) will:


		(1)	Provide Department wide policy, guidance and oversight of the 

			workers' compensation program; 


		(2)	Provide Mission Area and Agency Heads with access to the cost 

			and claim information necessary to manage their programs.
  
			This includes quarterly COP reports, OWCP's Agency Query System
 
			and other online resources, and the USDA Case Management Tracking 

			System.

		
		(3)	Provide agency officials with technical assistance and 

			consultative services for complex workers' compensation issues
 
			such as:


			(a)	Medical determinations for fitness for duty, and physical

				standards for job tasks; 


			(b)	Investigation of potentially fraudulent claims;


			(c)	Reemployment and rehabilitation of claimants.

				
		(4)	Conduct periodic reviews of agency programs to ensure compliance 

			with applicable Federal and Departmental Regulations and Guidelines.

			See Appendix for review criteria.

		
	d	Mission Area/Agency Heads will:


		(1)	Furnish employees with a place of employment free from recognized 

			hazards that are causing or are likely to cause death or serious 

			physical harm; 


		(2)	Designate a workers' compensation program manager.  This position 

			may be either full-time or collateral-duty as appropriate for the 

			size of the program; 


			
		(3)	Administer a workers compensation program in accordance with law
 
			and applicable regulations to assist employees who have been 

			injured on the job in obtaining the benefits to which they are 

			entitled.  This program will be designed to reduce workers' 

			compensation costs and minimize time lost due to work-related 

			injuries and illnesses by:


			(a)	Establishing a Mission Area-wide rehire program to offer 

				injured workers suitable jobs and return them to work as 

				soon as possible;


			(b)	Establishing accountability by charging program costs down 

				to the lowest possible organizational level;
	

			(c)	Integrating workers' compensation program management into
 
				the performance reviews of managers and supervisors; and


			(d)	Providing workers' compensation education and training to

				all employees (with special emphasis on supervisory 

				personnel). 


	e	Managers and Supervisors will:


		(1)	Assist injured employees in completing workers' compensation claim
 
			forms in order to reduce errors and omissions that may delay payment 

			of valid claims;


		(2)	Advise employees of their responsibilities, rights, and benefits.  

			These include the obligation to submit medical evidence, to obtain 

			a description of work restrictions if light or limited duty is 

			available, and the right to elect COP, sick or annual leave for 
				injuries;


		(3)	Assist in workers' compensation cost reduction efforts by:	


			(a)	Investigating and reporting all injuries and illnesses and 

				any instances of possible abuse or false claims;


			(b)	Correcting, to the extent of their authority, recognized 

				hazards that are causing or are likely to cause death or 
					serious physical harm;

			(c)	Contacting the medical provider to obtain the earliest 

				date that the employee will be able to return to work, even
 
				if only in a limited capacity; 


			(d)	Devising ways to bring employees back to work as soon as 

				possible after injury; and 


			(e)	Advising agency officials of the availability of light or 

				limited duty assignments, or other reemployment 
						opportunities.



           f          Employees will:	


		(1)	Comply with all applicable safety and health rules and regulations 

			in order to prevent injuries and illnesses; 


		(2)	Report unsafe or unhealthful working conditions to their immediate 
				supervisor for corrective action;


		(3)	Report work-related injuries and illnesses to their immediate 

			supervisor as soon as possible;


		(4)	Arrange for submission of medical evidence to substantiate claims 
				within 10 calendar days of the date of the injury; 


		(5)	Advise the physician of the availability of light or limited duty 

			when notified of such by the supervisor;  


		(6)	Keep the immediate supervisor informed of his/her medical status and 	
			recovery; and


		(7)	Respond positively to suitable job offers consistent with his/her 
				physical limitations, or risk termination of compensation benefits.



6	PROGRAM ADMINISTRATION
				
	a	Case Management.  Claim forms must be submitted to OWCP in a timely manner.  

		The Employee's Notice of Traumatic Injury (CA-1) or Occupational Condition 

		(CA-2) must be submitted within 10 working days or (14 calendar days) of 

		receipt from the employee if lost time from work or medical expenses are 

		claimed or anticipated.  Claims for compensation (CA-7) must be submitted no 

		later than 5 working days or (7 calendar days) after receipt from the
 
		employee.  Proper case management requires agencies to: establish a 

		tracking system to review the OWCP time lag reports, on at least a 

		quarterly basis, to ensure timely filing and processing of claims; contest

		claims where solid evidence supports that injury or illness did not occur 

		in the performance of duty, or if claims appear potentially fraudulent 

		or otherwise invalid; controvert payment of COP when the evidence does not

		establish that the disability resulted from a job-related injury illness, 

		or the employee is not eligible for COP as specified in the FECA.
		

	b	Return-to-Work Program.  Agencies must review all injured workers files 

		(especially long-term cases) to identify those employees available to 

		return to work in either their regular positions or in limited or light-duty

		positions.  This can be on a full or a part-time basis.  For new claims, 

		intervene early to identify the point at which the injured worker is 

		medically capable to return to their regular or modified position.  

		Coordinate with the servicing workers' compensation office regarding the
 
		cost and extent of vocational rehabilitation necessary to retrain and 

		re-employ injured workers.  Monitor rehabilitation efforts and progress.

		Coordinate re-training and reemployment with available resources; OWCP, 

		USDA agencies, other Federal and non-federal organizations, and private 

		employers to offer suitable jobs to those able to return to work.

		Establish job information networks (possibly using internet web sites) to 

		are information regarding the reemployment of work-capable employees.  

		Ensure that outreach efforts for position vacancies consider disabled 

		claimants as a potential source of candidates.



7  	Program Analyses and Reporting


	Program costs can be reduced by actively monitoring claims and quarterly reports

	for possible overpayments resulting from third-party recoveries, unreported

	employment, dual benefits, death of employee, remarriage or death of widow(er),
 
	and termination of student status.  Mission Areas/Agencies are to coordinate proper

	account crediting with 	OWCP and SHEWD.


	Mission Areas/Agencies also:


	(1)	Report the following to SHEWD on a quarterly basis within 30 days of

 		receipt of the appropriate data:


			(a)	Results of time lag report review;
 

			(b)	Results of quarterly charge back costs review;


			(c)	Possible overpayments; to include third-party recoveries.


	(2)	Report the following to SHEWD on an annual basis

		(July 1 through June 30) within 30 days after receipt of the appropriate
 			data:


			(a)	Rehire and return-to-work program activities and results;


			(b)	Long-term disability case management activities and results; and


			(c)	Program cost analysis; cost reductions actions and results.


8	INQUIRIES
	
	Direct all inquiries to the Office of Human Resources Management; Safety, Health and 	

	Employee Welfare Division; Washington, D.C.  20250; telephone number (202) 720-8248.


	- END -




					APPENDIX


Program Management Reviews


As part of its overall program responsibility, SHEWD will conduct periodic reviews of 

Mission Area/agency workers' compensation programs.  These reviews will be conducted as 

part of OHRM's Personnel Management Evaluations, or as deemed necessary by SHEWD, or at 

the request of an agency.


These program reviews will examine agency compliance with DOL and USDA requirements.  

This includes but is not limited to the agencies actions to:


	•	Track claim forms submissions, claimants' files, and OWCP time lag 

		reports to ensure timely processing, controversion of claims and 

		return of employees to duty.


	•	Manage new and long-term claims.


	•	Monitor employees' status during periods of disability, and ensure that 

		employees are returned to duty as soon as medically capable.


	•	Implement agency and/or Mission Area wide rehire and return-to-work programs.


	•	Coordinate suitable job accommodations for disabled employees with OWCP.


	•	Utilize available job information networks in the reemployment process and to
 
		consider disabled claimants for position vacancies.


	•	Review quarterly charge back reports to monitor cases and identify any 	
 
		discrepancies involving overpayments and third party recoveries.


	•	Coordinate with OWCP offices regarding the cost and extent of 

		vocational rehabilitation necessary to retrain and re-employ injured 

		workers.


	•	Charge back workers' compensation costs to the unit incurring those costs.