Continuation of Pay (COP) OWCP-DOL Complete Guide

Continuation of Pay (COP) is continuation of regular pay up to 45 calendar

days for periods of disability and or medical care, which occur in connection

with a Traumatic Injury. COP must begin within 45 days of the injury.

A. Entitlement –

Permanent and Temporary employees are entitled to COP when

Traumatic Injury is reported within 30 days. Medical documentation must

support all periods of COP. Normally, COP will begin the day following

the date of the traumatic injury. Except for Injuries that occurred prior to

the start of the workday, then COP will begin on date of injury. Medical

documentation must be received within 10 days of the injury to receive

COP and COP will be terminated if medical documentation is not received

within the allotted time frame. For any additional details, please click on the show 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, Southern Mississippi or Da

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 Continuation of Pay  from the claims examiner's training reference guide's perspective. This is one on the biggest problems that are  mishandled by Employee agency  that I receive questions about this than any one thing in OWCP. I am going into way more details about  COP. Wage Loss, not providing a CA-16 and the problems this creates with the agency asking for FMLA, using leave inappropriately and not assisting with wage loss during the immediate days and weeks after filing a CA-1 traumatic injury and marking either COP or no marking COP. We will cover this in-depth  today and how to understand when and how to use COP rand leave - wage loss reimbursement  correctly. 

Ok let's get out coffee going and  READY---LET'S BEGIN?

3. CONTINUATION OF PAY (COP)

Continuation of Pay (COP) is continuation of regular pay up to 45 calendar

days for periods of disability and or medical care, which occur in connection

with a Traumatic Injury. COP must begin within 45 days of the injury.

A. Entitlement –

Permanent and Temporary employees are entitled to COP when

Traumatic Injury is reported within 30 days. Medical documentation must

support all periods of COP. Normally, COP will begin the day following

the date of the traumatic injury. Except for Injuries that occurred prior to

the start of the workday, then COP will begin on date of injury. Medical

documentation must be received within 10 days of the injury to receive

COP and COP will be terminated if medical documentation is not received

within the allotted time frame. For any additional details, please contact

your worker’s compensation specialist.

1) Leave Usage:

a. The use of annual and sick leave will be counted against the 45

days of entitlement of COP. Therefore, COP is not extended

beyond 45 days of the combined absences.

b. Decision to use leave over COP is not irrevocable. Employee who

uses leave can later elect COP within one year of the leave usage

or date the case is accepted by OWCP, whichever is later.

2) Annual or sick leave cannot be required when a Traumatic Injury is

sustained. In the event claim is not approved, the supervisor will then

retroactively change days of COP used to appropriate leave.

B. Controversion of COP –

The agency may refuse paying COP for any one of the nine (9) reasons,

provided FECA. These nine (9) reasons are listed on the Instructions for

completing Form CA-1. The agency may dispute an employees right to

receive COP on other grounds, for instance, employee was not performing

assigned duties when the injury occurred or condition claimed was not a

result of work related injury. Evidence such as witness statements,

pictures, accident reports, or time sheets would support objections to

COP. Advise employee of controversion.

C. Unacceptable Reasons for Controverting COP

1) Injury was not witnessed

2) Employee was careless

3) Employee is a “bad” employee and doesn’t deserve any benefits

When controverting COP the validity of the claim is not being questioned, just the entitlement to COP. If the validity of the claim is challenged, all allegations must be reported to OWCP by factual evidence.

D. Calculating COP

1) The pay rate for COP purposes is equal to the employee’s regular

weekly pay rate excluding overtime pay.

2) Changes in pay, which would have occurred during the 45-day period

are to be reflected, i.e., promotions, changes to lower grade, and step

increases.

3) The first day of COP is the day following the Date of Injury (DOI) when

there is an immediate time loss.

4) If there is immediate time loss on the DOI and if the employee was

injured during official work hours, time lost is then charged to

Administrative Leave.

5) If employee is injured before work hours and there is immediate time

loss, the first day of COP is the DOI.

6) If disability wasn’t immediate, the time line begins on the first return to

work date – so long as it was within the 45 days of DOI.

7) If continual disability for work begins within 45 days after the first return

to work, and all 45 days of COP haven’t been used, then COP

continues until 45 days of COP have been used.

8) If the disability for work was intermittent, COP can be used only up to

45 calendar days after the first return to work – even if less than 45

days have been used.

9) COP looks at calendar days, not just workdays.

10) Using any part of a day towards COP makes it a COP day

(1 hr COP = 1 day COP). (If the employee is absent for the remaining

workday, time loss should be covered by leave, LWOP, or AWOL,

since the absence is beyond the time needed to obtain medical

treatment and cannot be charged to COP.)

11) Medical documentation for time lost must be certified by physician.

12) COP is charged for weekends and holidays if medical evidence shows

injured worker (IW) was disabled on those days.

13) Determining factors for COP are disability for work or absence for

obtaining medical care for injury.

E. Light Duty and COP

1) When medical condition shows employee is no longer totally disabled,

employee is required to return to work (RTW) in any reasonable and

suitable light or limited duty offer.

2) If offer is refused, COP should be terminated as of the date of refusal

or after five (5) days from date of offer, whichever is earlier. OWCP

will then make formal decision.

3) If the effects of the injury require that an employee lose elements of

pay (e.g., the assignment of a night shift worker to a day shift in order

to perform prescribed light duty), COP should be granted for the lost

elements of pay (e.g., night differential).

4) Assignment of light or restricted duties, without a personnel action and

without loss of pay, is not counted as continued pay under section

8118 and does not decrease the number of days available to the

claimant. 20 C.F.R. 10.217.

F. Recurrences –

If an employee suffers a recurrence of the disability, they may use the

remainder of the COP if no more than 45 days have elapsed since the

date of the first return to work. If recurrence begins later than 45 days

after the first return to work, the agency should not pay COP even though

some entitlement may remain unused. A period which begins before the

45 day deadline and continues beyond it may be charged to COP as long

as the period of time is uninterrupted.

G. Terminating COP –

Where the employer has paid COP, it may be stopped only when at least

one of the following occurs:

1) Medical evidence is not received within 10 calendar days after the

claim is submitted.

2) Medical evidence shows that the employee is not disabled from

his/her regular position.

3) Medical evidence shows that the employee is capable of performing

light duty, and the employee has refused a suitable written job offer.

4) Employee returns to work with no loss of pay.

5) Employee’s period of employment expires.

6) OWCP directs the employer to stop COP.

7) COP has been paid for 45 days.

26

H. References

Publication CA-810

Publication CA-550

20 CFR 10.200-10.224

FECA as amended, 5 U.S.C. 8101 et seq.

FECA Procedure Manual, 2-0807

online Training and Presentations on the DFEC homepage:

OWCP will deny or delay payment for partial days.

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, Jacksonville  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.