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- Gary Steinberg
- Acting OWCP Director
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2
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- 1: Reduce Total Case Rate
- 2: Reduce Lost Time Case Rate
- 3: Analyze Lost Time Case Data
- 4: Increase Timely Filing of Claims
- 5: Increase Timely Filing of Wage Loss Claims
- 6: Reduce Lost Production Days
- 7: Increase Return to Work Rate (only 14 agencies with significant case
volumes)
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3
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4
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5
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- Tracks 14 Federal agencies with most significant numbers of disability
cases
- In FY 2011, 13 of 14 agencies met RTW targets
- OWCP holding discussions with all 14 agencies on stretch goals
- Report of tracked RTW cases provided by OWCP upon agency request
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6
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- The Office of Workers’ Compensation Programs (OWCP) established the
POWER Return to Work Council to serve as a forum for discussion and
exchange of best practices in the area of return to work; to review the
results of analytical studies on return to work and promote sharing and
implementation of best practices identified; and to form a bridge
between the workers’ compensation and disability hiring personnel and
establish a continuity of practice for the sharing of information, ideas
and experiences.
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7
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- RTW POWER Council established and had first meeting on September 21,
2011.
- Meetings held quarterly
- 14 POWER Agencies
- OSHA, ODEP, OPM ad hoc members
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- Council is chaired by Gary Steinberg
- Includes Workers’ Compensation Program Managers and senior level
executives from each of the 14 RTW agencies
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- Schedule A pilot project
- Use of Schedule A authority on voluntary basis for claimant to return
to Federal employment
- Study of RTW best practices
- Currently underway
- Conducted in conjunction with ODEP
- Selected agencies being contacted
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10
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- Improve Return to Work Processes and Incentives
- Increases employment opportunities for disabled workers
- Make FECA more equitable
- Update certain benefits to reflect current costs
- Modernize FECA and Strengthen operational aspects of the program
- Cost Savings ($400 million + over a 10 year period is a conservative
estimate)
- Prospective Only- Changes would
only affect new claims for injuries and disability.
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11
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- Expands vocational rehabilitation to all eligible claimants; not just
those permanently disabled.
- Where appropriate, creates a return to work plan within 6 months of
injury; encourages earlier involvement critical to returning injured
employees to work.
- Increases employer incentives to hire FECA claimants (Assisted
Reemployment) by:
- Expanding OWCP authority to reimburse Federal agencies who hire
previously injured workers; FECA currently allows reimbursement to
private employers.
- If an employee suffers a recurrence of the original injury, it will not
be charged back to the new employing agency during 3 year assisted
reemployment period, removes disincentive to hire that worker.
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12
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- Propose to reduce FECA benefits to 50% at normal Social Security
retirement age, closer mirroring retirement level for federal employees,
not a full wage loss benefit
- A claimant receiving conversion benefit will not be subject to
forfeiture for failure to report earnings; to seek/accept suitable
employment; or to participate in vocational rehabilitation. MUST STILL
ESTABLISH DISABILITY.
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13
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- Single 70% benefit level for ALL claimants receiving wage loss.
- Simplifies the pay rate determination process.
- Burial Costs - Increases maximum amount for burial expenses from $800.00
to $6,000.00, adjusted annually for cost of living. Average cost of
burial expenses in 2011 is approximately $6,500.
- Facial Disfigurement - Raises
maximum payment from $3,500 to $50,000, adjusted annually for cost of
living.
- Physician Assistant and Nurse Practitioners will be allowed to certify
disability during the Continuation of Pay period.
- Schedule award for impairment to body part– to be paid in a lump sum in
addition to wage loss compensation at 70% of the current pay for GS-11,
Step 3) for ALL claimants.
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- Allows OWCP to match records of FECA beneficiaries with SSA earning
records.
- Moves the three-day waiting to the beginning of the Continuation of Pay
(COP) period.
- Allows OWCP to recoup costs of COP from a claimant’s recovery from a
third party.
- Provides that an employee eligible for both FECA and OPM benefits may
not retroactively elect FECA benefits for a period for which s/he was
paid retirement benefits.
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- Allows nurse practitioners and physicians’ assistants to certify
disability during the first 45 days of injury
- Increases awards for facial disfigurement to $50K
- Increases burial allowance from $600 to $6000
- Allows for 3rd party subrogation of claims to collect wages
paid during COP
- Extends COP period for fed. civilians deployed in Zones of Armed
Conflict
- Specifically defines coverage for injuries arising from acts of terror
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- Retrospective with grandfather provisions
- Creates a 50% conversion benefit rate at retirement
- Lowers basic rate to 66 2/3, but increases disfigurement and burial
benefits and allows for concurrent receipt of schedule awards
- Allows for concurrent receipt of wage loss compensation and scheduled
awards
- Establishes new requirements for independent medical exams to verify
continued disability and entitlement.
- Includes expanded requirements for program integrity
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17
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