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May Human Resources Advisor Volume 2, Issue 5

Employing Agency Responsibilities

Employing Agency Responsibilities

When an employee has suffered an employment-related traumatic injury, the employing agency should take action with respect to the following:

  • a. Authorizing Medical Care. The agency should promptly authorize medical care on Form CA-16 (Authorization for Examination and/or Treatment) and give the form to the claimant (or to someone acting on his or her behalf) to present to initial medical providers. See 20 C.F.R. §10.211(a). If the supervisor is not certain that the injury occurred in the performance of duty, item 6B on Form CA-16 should be checked.

 

  • b. Providing Notice of Injury. The supervisor should furnish Form CA-1 to the employee, or to someone acting on his or her behalf, for completion of the employee's portion of the form. See 20 C.F.R. §10.211(a).

 

  • c. Right of Election. The agency will notify the employee of the right to elect COP or to use annual or sick leave or LWOP if the injury is disabling, and advise the employee that leave used counts against the 45-day COP period, per 20 C.F.R. §10.211(b).

 

  • d. Need for Medical Evidence. The agency will notify the employee of the need to submit medical evidence of a disabling traumatic injury within 10 calendar days of the date disability begins, or pay may be terminated. The agency should also supply the employee with a Form CA-17 (Duty Status Report) for completion by the physician providing medical care.

 

  • e. Controversion. The agency will inform the employee whether COP will be controverted and, if so, whether pay will be terminated, and the basis for such action. The agency will also explain the basis for controversion (if any) on Form CA-1 or by separate narrative report, per 20 C.F.R. §10.211(c).

 

  • f. Submission of Information. Form CA-1, fully completed by both the employee and employing agency, together with all other pertinent information and documents, must be submitted to the OWCP by the employing agency within 10 working days following the agency's receipt of the completed form from the employee. See 20 C.F.R. §10.211(d). In addition, the official superior shall submit any additional reports which the OWCP requires.

     

 

  • g. Return to Duty. The agency is responsible for advising the claimant of his or her obligation to return to work as soon as possible in accordance with the medical evidence.

 

  • h. Termination of COP. The agency will terminate COP when disability ends, the 45-day period expires, or the employee returns to work.

 

The Department of Defense Instruction number 1400.25-V810 regarding Injury Compensation provides details of DoD policy and procedures on implementing the agency's injury compensation program under the Federal Employees' Compensation Act.