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Quick Hit: OWCP Updates Process for Getting More Info from Injured Workers
19 Jan, 2023 Frank Ferreri
Washington, DC (WorkersCompensation.com) -- When an employee of the federal government gets hurt at work, to receive workers' compensation, she will submit a claim to the Office of Workers' Compensation Programs.
But what if OWCP decides it needs more information? There are some rules, which will soon change, that govern what happens when the office seeks additional information.
What's the New Rule?
Beginning on March 7, if a claimant submits factual evidence, medical evidence, or both, but OWCP determines that this evidence is not sufficient to meet the burden of proof, OWCP will inform the claimant of the additional evidence needed. The claimant will be allowed at least 60 days to submit the evidence required. OWCP is not required to notify the claimant a second time if the evidence submitted in response to OWCP's first request for additional evidence is not sufficient to meet the burden of proof.
What was the Old Rule?
Under the rule that's in effect until close of business on March 6, if the claimant submits factual evidence, medical evidence, or both, but OWCP determines that this evidence is not sufficient to meet the burden of proof, OWCP will inform the claimant of the additional evidence needed. The claimant will be allowed at least 30 days to submit the evidence required. OWCP is not required to notify the claimant a second time if the evidence submitted in response to its first request is not sufficient to meet the burden of proof.
The Big Change?
Claimants will now have twice as long -- 60 days instead of 30 -- to get OWCP the info it needs.
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About The Author
About The Author
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Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.
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