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  • Appeals and Decisions
    Posted on January 8, 2019by Michael McCready

    Federal Workers’ Compensation Appeals Hearings

         The Law Offices of McCready, Garcia and Leet summarize for you the regulations, which implement the Federal Employees Compensation Act (FECA). This article describes one appeal process.

     How does the hearing representative conduct a written record review? (§10.618)

     Remember, you can request that the hearing officer review the written record instead of conducting an oral hearing.

    • The hearing representative reviews all the evidence you and your employer submit.
    • She then conducts whatever investigation she believes is needed.
    • You can submit new evidence and arguments up to the cutoff date the hearing representative specifies.
    • The hearing representative will send all your evidence except for medical records to your employing agency.
    • And your employer has 20 days to respond.
    • You will then have 20 days to respond “from the date of the agency’s certificate of service,” to your employer’s comments.

    What types of decisions may I appeal to the Employee Compensation Appeals Board (ECAB)?

    (§10.625)

    • You may appeal OWCP’s final decisions to the ECAB.
    • There are exceptions, however. You can’t appeal,

    o    The amount the OWCP will pay for medical services,

    o    The agency’s decision to exclude or reinstate medical providers, and

    o    The OWCP director’s determination to review her agency’s decision via a “reconsideration.”

     

          The McCready, Garcia & Leet law firm helps injured federal workers across the United States. An attorney specialist on federal workers’ compensation law will answer questions you have about your rights, so please feel free to contact us on Facebook here.

     

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