Military Department of Tennessee Supervisor's OWCP Handbook
{"Image DocumentName": "Military Department of Tennessee Supervisor\u2019s OWCP Handbook", "Image ImageDescription": "BURDEN OF PROOF. To qualify for benefits, the employee or employee s survivors must establish that the injury or employee s death met the following requirements: Time. For injuries and deaths, which occurred before September 7, 1974, different provisions apply with respect to timeliness. ICPAs are to contact the DoD liaison to obtain assistance before making a pre-September 7, 1974, timeliness determination. For injuries or deaths on or after September 7, 1974, the law provides that a claim for compensation must be filed within 3 years of the injury or death. Even if the claim is not filed within 3 years, compensation may still be allowed if written notice of injury was given in 30 days or the immediate supervisor had actual knowledge of the injury or death within 30 days of occurrence. Civil Employee. If the claim is timely filed, it must be determined whether the injured employee or deceased employee was an employee within the meaning of the law. It covers all civilian Federal employees, whether permanent or temporary, except for non-appropriated fund employees. Federal employees who are not citizens or residents of the United States or Canada are covered subject to certain special provisions governing their pay rates and computation of compensation payments. Determinations for other employees must be made on a case by case basis once a claim is filed. Fact of Injury. It must be established whether the employee in fact sustained an injury or disease. Two factors are involved in this third determination. Did the employee actually experience the accident, event, or employment factor which is alleged to have occurred? Did the accident or employment factor result in an injury or disease? Performance of Duty. If the first three criteria have been accepted, it must be determined whether the employee was engaged in the performance of duty when the injury occurred. The question of where and when the accident, event, or employment factor s) leading to filing of a claim occurred, must be studied. Causal Relationship. After the four factors aforementioned are considered, causal relationship between the condition claimed and the injury or disease sustained is examined. This factor is based entirely on medical evidence provided by physicians who have examined and treated the employee. Sometimes the circumstances of a case raise the issues of willful misconduct, intention to bring about the injury or death of oneself or another, or intoxication. If any of these factors is established as the cause of the injury or death, benefits must be denied. Back to Index Page. 4.", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}