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Code of Federal Regulations Pertaining to ESA |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Filing Notices and Claims; Submitting Evidence |
20 CFR 10.101 - How and when is a notice of occupational disease filed?
- Section Number: 10.101
- Section Name: How and when is a notice of occupational disease filed?
(a) To claim benefits under the FECA, an employee who has a disease
which he or she believes to be work-related must give notice of the
condition in writing on Form CA-2, which may be obtained from the
employer or from the Internet at www.dol.gov./esa/owcp.htm. The
employee must forward this notice to the employer. Another person,
including the employer, may do so on the employee's behalf. The person
submitting a notice shall include the Social Security Number (SSN) of
the injured employee. The claimant may withdraw his or her claim (but
not the notice of occupational disease) by so requesting in writing to
OWCP at any time before OWCP determines eligibility for benefits.
(b) For occupational diseases sustained as a result of exposure to
injurious work factors that occurs on or after September 7, 1974, a
notice of occupational disease must be filed within three years of the
onset of the condition. (The form contains the necessary words of
claim.) The requirements for timely filing are described in
Sec. 10.100(b)(1) through (3).
(c) However, in cases of latent disability, the time for filing
claim does not begin to run until the employee has a compensable
disability and is aware, or reasonably should have been aware, of the
causal relationship between the disability and the employment (see 5
U.S.C. 8122(b)).
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