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2016TentativeCBA

A publication of the National Air Traffic Controllers Association

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2016 CBA Tentati ve Agreement Page 110 of 217 (FECA) claim forms at all air traffic facilities. Current OWCP regulations, directives and guides, if available, shall be made accessible to employees. The Agency shall assist employees in completing all forms necessary to ensure proper and prompt adjudication of their claim. Section 5. If the employee incurs medical expense or loses time from work beyond the date of injury, including time los t obtaining examination and/or treatment from the employing Agency medical facility, the Agency shall submit Form CA - 1 to the OWCP District Office as soon as possible but no later than ten (10) working days from the date of the receipt of the CA - 1 from the employee. In the case of occupational disease, the completed CA - 2 shall be submitted to the OWCP District Office within ten (10) working days from the date of receipt from the employee. CA - 1 and CA - 2 forms shall not be held for receipt of supporting docum entation. Section 6. If, through no fault of the employee, the Agency has failed to submit the CA - 1 form in a timely manner which has resulted in lost leave and/or wages for the employee, the Agency shall restore the lost leave and/or wages if the followi ng conditions are met: a. The Agency has failed to submit the completed CA - 1 form to OWCP District Office within ten (10) working days as defined by 20 CFR 10.110; and b. The employee has lost leave and/or wages as a result of the Agency's delay. This Section does not apply to employees whose OWCP claim has been denied by the Department of Labor. Section 7. The employee is entitled to select the physician or medical facility of his/her choice which is to provide treatment following an on - the - job injury or occ upational disease. The Agency may make its own facilities available for examination and treatment of injured employees, however, use of its facilities shall not be mandated to the exclusion of the employee's choice. The Agency may examine the employee at i ts own facility in accordance with 20 CFR 10.324, but the employee's choice of physician for treatment shall be honored, and treatment by the employee's physician shall not be delayed. The employee will not be required to submit to an examination by the Ag ency until after treatment by the employee's choice of physician or medical facility. Section 8. Injured employees are entitled to civil service retention rights in accordance with 5 USC 8151. Section 9. The Agency may only controvert claims for Continua tion of Pay (COP) in accordance with 20 CFR 10.220. When requested, copies of the completed Form CA - 1 showing controversion and all accompanying detailed information the Agency submits in support of the controversion shall be provided to the employee. Sec tion 10. Upon request of the employee, the Agency agrees to hold in abeyance any administrative action for employees who have filed a request for reconsideration, hearing or appeal to the Employees' Compensation Appeals Board (ECAB) or have otherwise initi ated a challenge to a denied claim decision by DOL in regard to his/her OWCP claim, until an initial determination has been made by the ECAB. The requesting employee will have thirty (30) days from the date of each negative decision by DOL to submit eviden ce of a request for reconsideration, hearing or appeal to the ECAB, to the Agency at the appropriate level, for the administrative action to be held in abeyance.

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