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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 10.104 - How and when is a claim for recurrence filed?
- Section Number: 10.104
- Section Name: How and when is a claim for recurrence filed?
(a) A recurrence should be reported on Form CA-2a if it causes the
employee to lose time from work and incur a wage loss, or if the
employee experiences a renewed need for treatment after previously being
released from care. However, a notice of recurrence should not be filed
when a new injury, new occupational disease, or new event contributing
to an already-existing occupational disease has occurred. In these
instances, the employee should file Form CA-1 or CA-2.
(b) The employee has the burden of establishing by the weight of
reliable, probative and substantial evidence that the recurrence of
disability is causally related to the original injury.
(1) The employee must include a detailed factual statement as
described on Form CA-2a. The employer may submit comments concerning the
employee's statement.
(2) The employee should arrange for the submittal of a detailed
medical report from the attending physician as described on Form CA-2a.
The employee should also submit, or arrange for the submittal of,
similar medical reports for any examination and/or treatment received
after returning to work following the original injury.
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