Below are the head notes for the FAB decisions and orders relating to the topic heading, Claims for Compensation. The head notes are grouped under the following subheadings: Development of, Filing, Non-claiming individuals, Waiver, and Withdrawal of claim. To view a particular decision or order in its entirety, click on the hyperlink for that decision or order at the end of the head note.

Development of


Non-claiming individuals


Withdrawal of claim

  • The EEOICPA regulations provide that a survivor may withdraw his or her claim by so requesting in writing to OWCP at any time prior to OWCP’s determination regarding the survivor’s eligibility for benefits. There is no provision, however, permitting a survivor to withdraw a claim previously filed by an employee. Therefore, where employee had claimed benefits for two types of cancer, but died prior to the issuance of a final decision, the surviving spouse who filed a survivor’s claim based only on one cancer could not withdraw the employee’s claim for benefits based on the other cancer and OWCP was bound to determine if the second cancer was an occupational illness for which medical benefits would be payable. EEOICPA Fin. Dec. No. 64180-2005 (Dep’t of Labor, February 17, 2005).