OWCP Rights and Protections During OWCP Appeal Denials Under FECA for Employee Job Separations, Suspensions and/or Retribution

The Federal Employees' Compensation Act (FECA) provides comprehensive protections for injured federal workers during the adjudication and appeals process for claim denials, including denials of wage-loss (off-work) benefits and impairment ratings for scheduled awards. While FECA does not explicitly prohibit an employing agency from initiating administrative actions like separation for extended absence, it establishes strong safeguards to maintain the status quo during ongoing OWCP proceedings. This includes continuation of benefits unless specific suspension criteria are met, restoration rights to duty, and job protections tied to disability status. These mechanisms prevent premature termination of employment or benefits while disputes are resolved.

Key principles:

- Benefits Continuation During Adjudication: Benefits already in payment generally continue pending resolution of denials or appeals, unless the claimant fails to cooperate (e.g., refusing examinations).

- Job Protection: While on approved FECA leave, absences are considered authorized, and agencies must provide leave without pay (LWOP) for at least one year. Restoration rights apply upon recovery, and agencies cannot treat the absence as unauthorized (e.g., AWOL) until OWCP finalizes work capacity. For more information click  on transcript.

The podcaster is Dr. Stephen Taylor, OWCP legal consultant for Oberheiden Law Firm.  Dr. Taylor’s contact information is:

https://fedcompconsultants@protonmail.com If you need a medical provider or assistance with an OWCP /  DOL claim in Tampa, Jacksonville, Pensacola Florida, Mississippi or Daphne Alabama    you can make an appointment to see Dr. Taylor, or Dr. Sullivan   at the clinic at  FWC Medical Centers. To make a consultation with Dr. Taylor  call the clinic at 813-215-4356 or go  to our website at https://fwcmedicalcenters.net/     or     https://mrtherapycenter.com/or https://fedcompconsultants.com/

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Transcript

HI I’m Dr. Stephen Taylor a federal Workers Compensation Consultant and a medical provider in Tampa & Pensacola Florida who has been helping government employees with work-related injuries, disability, FERS Disability, VA disability and other types of Federal program filings for 30 years. I have helped too many people to count  all over the country with properly filing their Federal Workers Compensation Claims and/or disability claims for about three decades. After all these years I have decided  to create a tutorial podcast to assist with all kinds of topics related to injured federal workers and/or contractors. The name of this tutorial podcast is  Federal Workers Compensation Coffee break Podcast. It is based on the lunch and learn short learning format.  Here at this podcast we discuss all sorts of topics related to federal workers compensation, Department of Labor, OWCP, FECA ACT, FERS, longshore-maritime, DOD contractors, VA benefits over a cup of coffee. I cover these relevant topics in a short coffee break style format because in order to discuss topics that  government employees always ask for assistance on for all of these years.  I do this to assist you the government employee, you and your doctor or your coworkers with claim filing denials or with appropriate filing of benefit claims, disability or injured worker claims. The best part about this podcast and all of it’s tutorials for successfully navigating DOL, FERS & OWCP benefits… is that I do it all for free. All you need is a cup of coffee and a notebook.

Today we are going over something I have never addressed in the podcast before. I got a text from an injured worker on my website that asked me about this topic and as I was giving her the answer I realized that I had never covered this before. I want you have your pens and paper ready but more importantly, you need to download the transcripts of this podcast for source material for when you need to fight back against your agency, when they start administrative threats of termination, LWOP, AWOL or suspension due to a case related matter being denied but is currently in a state of appeal with OWCP. This happens to a lot of people and this is an important podcast because I am giving you actual citations and resources for this podcast for you to use to fight back against wrongdoing or mistakes by your employee agency. READY---LET'S BEGIN? 

 Overview of Rights and Protections Under FECA

The Federal Employees' Compensation Act (FECA) provides comprehensive protections for injured federal workers during the adjudication and appeals process for claim denials, including denials of wage-loss (off-work) benefits and impairment ratings for scheduled awards. While FECA does not explicitly prohibit an employing agency from initiating administrative actions like separation for extended absence, it establishes strong safeguards to maintain the status quo during ongoing OWCP proceedings. This includes continuation of benefits unless specific suspension criteria are met, restoration rights to duty, and job protections tied to disability status. These mechanisms prevent premature termination of employment or benefits while disputes are resolved.

Key principles:

- Benefits Continuation During Adjudication: Benefits already in payment generally continue pending resolution of denials or appeals, unless the claimant fails to cooperate (e.g., refusing examinations).

- Job Protection: While on approved FECA leave, absences are considered authorized, and agencies must provide leave without pay (LWOP) for at least one year. Restoration rights apply upon recovery, and agencies cannot treat the absence as unauthorized (e.g., AWOL) until OWCP finalizes work capacity.

- Appeals Process: Appeals do not automatically stay benefits post-final decision, but new evidence can be submitted via reconsideration before appealing to the Employees' Compensation Appeals Board (ECAB).

During the process of resolving a medical conflict through a referee examination under the Federal Employees’ Compensation Act (FECA), the injured worker’s compensation benefits generally continue if they were already being paid prior to the conflict being declared. This is because the referee examination is required by law (5 U.S.C. § 8123(a)) to resolve disagreements between the treating physician and the OWCP-selected second opinion physician, and no final decision to terminate or reduce benefits can be made until the referee’s report is received and evaluated by OWCP. The referee’s opinion carries special weight if it is well-rationalized and based on accurate facts, but until OWCP issues a formal decision based on it, the status quo for benefits remains in place. However, if the worker refuses to attend or obstructs the referee examination without good cause, compensation can be suspended until compliance occurs (20 CFR § 10.323).  

Regarding job protection, FECA does not directly prohibit the employing agency from taking administrative actions like separation for extended absence, but while compensation benefits continue during the referee process, the worker is considered disabled for purposes of OWCP entitlement, which typically means the agency cannot compel a return to work or treat the absence as unauthorized until OWCP resolves the medical issue in favor of work capacity. FECA provides specific restoration to duty rights (5 U.S.C. § 8151 and 20 CFR § 10.505):  

• If the worker fully recovers within one year from the start of compensation, they have an absolute right to return to their previous position or an equivalent one.  

• If full recovery occurs after one year, or if the worker is partially recovered at any time, they are entitled to priority consideration for restoration to a suitable position, provided they apply in writing to the agency within 30 days of compensation ceasing.  

These restoration rights are administered by the employing agency in accordance with Office of Personnel Management regulations (5 CFR Part 353), and any period on compensation counts toward service time for benefits like retirement. Agencies are required to make reasonable efforts to accommodate light or limited duty if partial capacity is determined, but during an ongoing medical dispute, no such determination has been finalized.  

If OWCP ultimately rules based on the referee that the worker can return to work, benefits may be terminated, and the agency can then expect the worker’s return; failure to return could lead to actions like absence without leave (AWOL) charges or separation. The worker can appeal that final OWCP decision through options like reconsideration, a hearing before the Branch of Hearings and Review, or review by the Employees’ Compensation Appeals Board (ECAB), but benefits do not automatically continue during those post-decision appeals unless OWCP grants a stay (which is rare). To protect against premature termination, the worker should ensure their treating physician submits a detailed rebuttal to the second opinion, formally request the referee via ECOMP or in writing (citing the statute and regulations as you noted), and keep the agency informed of the ongoing OWCP process. Additional protections may apply under separate laws like the Family and Medical Leave Act (FMLA) for up to 12 weeks of job-protected leave, though FMLA runs concurrently with FECA absence.  

For detailed guidance, refer to the FECA Procedure Manual (Parts 2 and 3, available on the DOL website), which addresses medical conflict resolution and benefit continuation, or consult an OWCP specialist or FECA attorney. No specific FECA bulletins directly override these standard procedures for job avoidance during referee appeals, but bulletins like FECA Bulletin No. 13-03 (on referee selection impartiality) and No. 20-05 (on medical evidence evaluation) emphasize fair processes in disputes.   I am wanting the citations and references with regard to injured federal worker's rights and protections from being terminated by their employee agency during the period of OWCP adjudication of denials of an injured worker's claim, OWCP denials and appeals of OWCP denials of off work benefits and or denials and appeals of OWCP denials of impairment ratings for a scheduled award, out lined in the FECA ACT, FECA bulletins and DFEC procedure manual

Below is an outlined summary of relevant citations from the FECA statute (5 U.S.C. Chapter 81), regulations (20 CFR Part 10), FECA Bulletins, and the DFEC Procedure Manual. These focus on protections against termination by the employing agency and benefit suspension during OWCP adjudication of denials/appeals.

 1. FECA Statute (5 U.S.C. Chapter 81) – Core Rights and Protections

| Section | Key Provision | Application to Protections During Adjudication/Appeals |

| 5 U.S.C. § 8101 et seq. (General Provisions) | Defines "injury" and entitlement to compensation for wage loss, medical benefits, and impairment (scheduled) awards. | Establishes baseline eligibility; during denial adjudication, OWCP must develop evidence fully before denying, preserving potential entitlement and job-protected status as "disabled" pending resolution. |

| 5 U.S.C. § 8118 (Continuation of Pay - COP) | Employer must continue regular pay for up to 45 days for traumatic injuries, unless controverted. | Protects income during initial adjudication; agency cannot terminate for absence if COP is approved or pending. |

| 5 U.S.C. § 8123(a) (Referee Medical Examination) | OWCP directs impartial exam to resolve medical conflicts; benefits continue until referee report is evaluated. Suspension only if claimant refuses without good cause. | Directly protects against benefit termination during medical disputes in denial appeals (e.g., off-work status or impairment ratings); status quo maintained. |

| 5 U.S.C. § 8128(a) (Reconsideration) | OWCP may review/revise decisions on its motion or claimant's application; timely requests allow new evidence. | Enables submission of rebuttal evidence during denial appeals, preventing finality and preserving benefits/job status until new decision issued. |

| 5 U.S.C. § 8129 (Overpayments and Suspensions) | Compensation forfeited only for non-cooperation (e.g., obstructing exams); otherwise, no suspension during appeals. | Limits agency termination grounds; benefits continue unless claimant fails to comply with OWCP-directed actions. |

| 5 U.S.C. § 8130 (Rights of Action) | Preserves employee's rights against agency interference. | Indirectly supports job protection by prohibiting retaliation for pursuing claims/appeals. |

| 5 U.S.C. § 8149 (ECAB Jurisdiction) | ECAB reviews final OWCP decisions on law/fact; no automatic stay, but reversal restores benefits retroactively. | Post-final decision appeals do not halt benefits unless OWCP grants stay (rare); protects against agency action until ECAB resolution. |

| 5 U.S.C. § 8151 (Restoration to Duty) | - (a) Absolute right to former/equivalent position if full recovery within 1 year of compensation start.<br>- (b) Priority consideration for suitable position if recovery after 1 year or partial recovery; must apply in writing within 30 days of benefits ceasing. | Core job protection: Agency must grant LWOP during adjudication; cannot separate for absence while disabled per OWCP. Period on compensation counts toward service credit (e.g., retirement). Applies during/after denial appeals if entitlement upheld. |

 2. FECA Regulations (20 CFR Part 10) – Adjudication, Appeals, and Suspension Rules

| Subpart/Section | Key Provision | Application to Protections During Adjudication/Appeals |

| Subpart B (§§ 10.100–10.127) (Filing Claims and Decisions) | OWCP develops full evidence before denying; decisions include appeal rights and rationale. | Ensures thorough review of denials (e.g., off-work benefits or scheduled awards); benefits continue if previously paid, preventing agency from deeming absence unauthorized. |

| Subpart C (§§ 10.200–10.220) (Continuation of Pay) | Employer pays COP unless OWCP denies; suspension only for non-cooperation. | Shields against immediate income loss/termination during initial denial adjudication; agency must treat as authorized leave. |

| Subpart D (§§ 10.300–10.423) (Medical Benefits) | Covers exams, second opinions, and referees; refusal suspends benefits (§ 10.323). | For impairment rating denials, referee resolves conflicts without halting benefits; protects job status as medically necessary absence. |

| Subpart E (§§ 10.500–10.517) (Compensation Matters) | Wage loss/scheduled awards paid if entitled; no automatic suspension during development. | Off-work benefits continue pending denial resolution; scheduled award denials allow appeals with evidence submission. |

| Subpart F (§§ 10.600–10.618) (Continuing Benefits) | - Suspension for failure to submit reports/forms (§§ 10.610–10.618).<br>- No suspension for pending appeals unless non-compliance. | Benefits (e.g., off-work) continue during adjudication/appeals unless claimant obstructs; reinstatement retroactive if compliant. |

| Subpart G (§§ 10.600–10.634) (Appeals Process) | - Reconsideration: Within 1 year of decision; new evidence/arguments (§ 10.606–10.610).<br>- Hearing: Before OWCP representative (§§ 10.615–10.619).<br>- ECAB Appeal: Within 180 days; no new evidence, no automatic stay (§§ 10.625–10.634).<br>- Director's Review: Discretionary (§ 10.631). | Structured process for denial appeals; reconsideration allows benefit continuation with new evidence (e.g., rebuttal to impairment denial). Post-ECAB, no stay, but reversal restores status quo retroactively. |

| Subpart H (§§ 10.700–10.809) (Vocational Rehabilitation) | Priority for light/limited duty if partial recovery. | Agency must accommodate during adjudication if OWCP finds partial capacity; protects against separation. |

 3. DFEC Procedure Manual – Guidance on Adjudication and Protections

The DFEC Procedure Manual (available at DOL's OWCP website) provides operational details for OWCP staff. Relevant parts emphasize fair process and status quo preservation.

| Part/Chapter | Key Guidance | Application to Protections |

| Part 0 (Overview) | Outlines OWCP/DFEC structure; appeals to ECAB after final decisions. | Ensures consistent adjudication; no premature agency actions during ongoing reviews. |

| Part 1 (Communications and Records) | Requires notification of appeal rights in all decisions. | Protects claimants by mandating clear info on continuing benefits/job status during appeals. |

| Part 2 (Claims) – Chapter 2-1500 (Reconsiderations and Appeals) | - Timely applications require new evidence/argument.<br>- Benefits continue pending new merit decision.<br>- ECAB reviews record only; no jurisdiction overlap with OWCP. | For denials of off-work benefits or scheduled awards, allows evidence development without suspension; agency informed of ongoing status to prevent termination. |

| Part 2 – Chapter 2-0808 (Schedule Awards) | Increased awards reviewed for new impairment; appeals follow standard process. | Denials of impairment ratings handled via reconsideration/hearing; benefits (if otherwise payable) continue during appeal. |

| Part 3 (Medical) – Chapter 3-0300 (Medical Evidence Development) | Full development before denial; referee for conflicts. | Protects against rushed denials impacting job status; continuation during medical adjudication. |

| Part 5 (Benefit Payments) | Adjudicates medical/wage-loss; no suspension without formal decision. | Ensures off-work benefits flow during appeals unless fault-based (e.g., non-cooperation). |

| Part 8 (Rehabilitation) | Ties to 5 U.S.C. § 8151; agencies grant LWOP for 1 year minimum. | Explicit: Agencies cannot separate while OWCP adjudicates disability; restoration priority post-resolution. |

 4. FECA Bulletins – Specific Policy Clarifications

FECA Bulletins (issued by OWCP/DFEC, available at DOL's OWCP Bulletins page) address procedural updates. No bulletins directly "override" for job avoidance during appeals, but several reinforce fair adjudication and continuation:

| Bulletin No./Date | Subject | Relevant Protection |

|-------------------|---------|---------------------|

| No. 13-03 (2013) | Referee Selection Impartiality. | Ensures unbiased resolution of medical conflicts in denial appeals (e.g., impairment ratings); benefits continue until report evaluated, protecting job status. |

| No. 20-05 (2020) | Medical Evidence Evaluation. | Mandates thorough review of evidence in denials; supports continuation of off-work benefits during development/appeals. |

| No. 23-04 (Jan. 2023) | Compensation Rate Changes. | Indirect: Maintains pay equity during ongoing adjudication, preventing agency from using rate disputes for separation. |

| No. 24-02 (2024) | 2024 Pay Rate Adjustments. | Ensures uninterrupted benefits during appeals, preserving financial/job stability. |

| Transmittal Revisions (e.g., 2024 – PM Chapter 2-0808) | Schedule Awards and Permanent Disability. | Clarifies appeals for increased/denied awards; new decisions issued if prior set aside, with continuation pending. |

 Additional Notes

- No Automatic Stay Post-Final Decision: Appeals to ECAB do not pause benefits or job protections unless OWCP grants a discretionary stay (rare; see 20 CFR § 10.631). However, retroactive restoration occurs if reversed.

- Agency Responsibilities: Per 5 CFR Part 353 (OPM regs, cross-referenced in FECA PM Part 8), agencies must notify employees of rights and cannot retaliate for FECA pursuit.

- Interplay with Other Laws: FMLA (up to 12 weeks concurrent leave) and anti-retaliation under 5 U.S.C. § 8130 provide layered protections.

- Recommendations: Submit detailed rebuttals via ECOMP; document agency communications. For case-specific advice, consult an OWCP specialist or FECA attorney.

This outline is based on current (as of September 26, 2025) DOL resources; laws evolve, so verify via DOL's OWCP site.

WHEW… that is a lot of information… I think we have covered enough today. 

So,  I want to thank you for listening and want to remind you to share this podcast with other federal workers you think would benefit from this information. Also be kind enough to leave a review on the platform you found this podcast, like or subscribe to any of the major podcast platforms or our youtube channel so others will also find this information. Also if you need an approved  medical provider for your DOL -OWCP Or Longshore case in Florida you can still  find me in Tampa  and Pensacola. To make a consultation with me to discuss your case or if you know someone if Florida who is recently injured you can call the clinic at 813-215-4356 or 813-877-6900 or go  to our website at https://fedcompconsultants.com/   & https://mrtherapycenter.com/  Also if you are in  another state and you want me to assist you with claim questions or assistance for your  doctor you can email me at fedcompconsultants@protonmail.com 

Ok… I think that is enough for today…I need to warm up this coffee and get going. As usual I want to thank all of you who put on that uniform, that badge, deliver that mail, take care of our veterans and make this government run… a big thank you. I do this for free just for you…We could not do this  without all of the work all of you out there do…so this is my big  thank you. And remember if you  have an injured federal claim and you need assistance….I am  here to help!. Also remember there is power in prayer. Pray for you nation, coworkers and for God's providence in current times of unrest. 

See you next time.