Notes
Slide Show
Outline
1
OWCP Interagency Meeting
February 28, 2012
  • Gary Steinberg
  • Acting OWCP Director
2
POWER Initiative
FY 2011- FY 2014
  • 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)
3
POWER: First Year Results
All Govt (less USPS) Met All Targets
4
POWER: FY 2011 Results
5
POWER: Goal 7, RTW
  • 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



6
POWER Council
  • 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.
7
POWER Council
  • RTW POWER Council established and had first meeting on September 21, 2011.
  •  Meetings held quarterly
    • 14 POWER Agencies
    • OSHA, ODEP, OPM ad hoc members

8
POWER Council
  • Council is chaired by Gary Steinberg
  • Includes Workers’ Compensation Program Managers and senior level executives from each of the 14 RTW agencies
9
Other RTW Efforts
  • 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

10
FECA Reform Goals/Impacts
    • 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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Vocational Rehabilitation
Assisted Reemployment
  • 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.


12
SSA RETIREMENT AGE Conversion Benefit
  • 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.
13
Creates Basic Compensation Rate/Modernizes Benefits and Practices
  • 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.




14
Technical Changes
  • 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.


15
House Passed Version (H.R. 2465)
  • 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


16
Senate Committee Version
  • 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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Working Together To Improve FECA