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

Federal Workers Compensation Coffee Break

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://[email protected] 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/

For responses email Dr. Taylor at [email protected]

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