20 CFR Chapter 1, Sections 10.7 through 10.537

§ 10.416

20 CFR Ch. I (4–1–07 Edition)

his or her entitlement to continued
compensation. The terms ‘‘marriage’’
and ‘‘remarriage’’ include common-law
marriage as recognized and defined by
State law in the State where the beneficiary resides. If a beneficiary, or
someone acting on his or her behalf, receives a check which includes payment
of compensation for any period after
the date when entitlement ended, he or
she must promptly return the check to
OWCP.

ADJUSTMENTS TO COMPENSATION
§ 10.420 How are cost-of-living adjustments applied?
(a) In cases of disability, a beneficiary is eligible for cost-of-living adjustments under 5 U.S.C. 8146a where
injury-related disability began more
than one year prior to the date the
cost-of-living adjustment took effect.
The employee’s use of continuation of
pay as provided by 5 U.S.C. 8118, or of
sick or annual leave, during any part of
the period of disability does not affect
the computation of the one-year period.
(b) Where an injury does not result in
disability but compensation is payable
for permanent impairment of a covered
member, organ or function of the body,
a beneficiary is eligible for cost-of-living adjustments under 5 U.S.C. 8146a
where the award for such impairment
began more than one year prior to the
date the cost-of-living adjustment took
effect.
(c) In cases of recurrence of disability, where the pay rate for compensation purposes is the pay rate at
the time disability recurs, a beneficiary is eligible for cost-of-living adjustments under 5 U.S.C. 8146a where
the effective date of that pay rate
began more than one year prior to the
date the cost-of living adjustment took
effect.
(d) In cases of death, entitlement to
cost-of-living adjustments under 5
U.S.C. 8146a begins with the first such
adjustment occurring more than one
year after the date of death. However,
if the death was preceded by a period of
injury-related disability, compensation
payable to the survivors will be increased by the same percentages as the
cost-of-living adjustments paid or payable to the deceased employee for the
period of disability, as well as by subsequent cost-of-living adjustments to
which the survivors would otherwise be
entitled.

§ 10.416 How does a change in the
number of beneficiaries affect the
amount of compensation paid to the
other beneficiaries?
If compensation to a beneficiary is
terminated, the amount of compensation payable to one or more of the remaining beneficiaries may be reapportioned. Similarly, the birth of a posthumous child may result in a reapportionment of the amount of compensation payable to other beneficiaries. The
parent, or someone acting on the
child’s behalf, shall promptly notify
OWCP of the birth and submit a copy
of the birth certificate.
§ 10.417 What reports are needed when
compensation payments continue
for children over age 18?
(a) Compensation payable on behalf
of a child, brother, sister, or grandchild, which would otherwise end when
the person reaches 18 years of age,
shall be continued if and for so long as
he or she is not married and is either a
student as defined in 5 U.S.C. 8101(17),
or physically or mentally incapable of
self-support.
(b) At least twice each year, OWCP
will ask a beneficiary receiving compensation based on the student status
of a dependent to provide proof of continuing entitlement to such compensation, including certification of school
enrollment.
(c) Likewise, at least twice each
year, OWCP will ask a beneficiary or
legal guardian receiving compensation
based on a dependent’s physical or
mental inability to support himself or
herself to submit a medical report
verifying that the dependent’s medical
condition persists and that it continues
to preclude self-support.

§ 10.421 May a beneficiary receive
other kinds of payments from the
Federal Government concurrently
with compensation?
(a) 5 U.S.C. 8116(a) provides that a
beneficiary may not receive wage-loss

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§ 10.405

20 CFR Ch. I (4–1–07 Edition)
marriage occurs at age 55 or older, the
lump-sum payment will not be paid and
compensation will continue until
death.
(b) If there is a child entitled to compensation, the compensation for the
surviving spouse will equal 45 percent
of the employee’s monthly pay plus 15
percent for each child, but the total
percentage may not exceed 75 percent.
(c) If there is a child entitled to compensation and no surviving spouse,
compensation for one child will equal
40 percent of the employee’s monthly
pay. Fifteen percent will be awarded
for each additional child, not to exceed
75 percent, the total amount to be
shared equally among all children.
(d) If there is no child or surviving
spouse entitled to compensation, the
parents will receive compensation
equal to 25 percent of the employee’s
monthly pay if one parent was wholly
dependent on the employee at the time
of death and the other was not dependent to any extent, or 20 percent each if
both were wholly dependent on the employee, or a proportionate amount in
the discretion of the Director if one or
both were partially dependent on the
employee. If there is a child or surviving spouse entitled to compensation, the parents will receive so much
of the compensation described in the
preceding sentence as, when added to
the total percentages payable to the
surviving spouse and children, will not
exceed a total of 75 percent of the employee’s monthly pay.
(e) If there is no child, surviving
spouse or dependent parent entitled to
compensation, the brothers, sisters,
grandparents and grandchildren will
receive compensation equal to 20 percent of the employee’s monthly pay to
such dependent if one was wholly dependent on the employee at the time of
death; or 30 percent if more than one
was wholly dependent, divided among
such dependents equally; or 10 percent
if no one was wholly dependent but one
or more was partly dependent, divided
among such dependents equally. If
there is a child, surviving spouse or dependent parent entitled to compensation, the brothers, sisters, grandparents and grandchildren will receive
so much of the compensation described
in the preceding sentence as, when

§ 10.405 Who is considered a dependent in a claim based on disability or
impairment?
(a) Dependents include a wife or husband; an unmarried child under 18
years of age; an unmarried child over
18 who is incapable of self-support; a
student, until he or she reaches 23
years of age or completes four years of
school beyond the high school level; or
a wholly dependent parent.
(b) Augmented compensation payable
for an unmarried child, which would
otherwise terminate when the child
reached the age of 18, may be continued
while the child is a student as defined
in 5 U.S.C. 8101(17).
§ 10.406 What are the maximum and
minimum rates of compensation in
disability cases?
(a) Compensation for total or partial
disability may not exceed 75 percent of
the basic monthly pay of the highest
step of grade 15 of the General Schedule. (Basic monthly pay does not include locality adjustments.) However,
this limit does not apply to disability
sustained in the performance of duty
which was due to an assault which occurred during an attempted assassination of a Federal official described
under 10 U.S.C. 351(a) or 1751(a).
(b) Compensation for total disability
may not be less than 75 percent of the
basic monthly pay of the first step of
grade 2 of the General Schedule or actual pay, whichever is less. (Basic
monthly pay does not include locality
adjustments.)
COMPENSATION FOR DEATH
§ 10.410 Who is entitled to compensation in case of death, and what are
the rates of compensation payable
in death cases?
(a) If there is no child entitled to
compensation, the employee’s surviving spouse will receive compensation equal to 50 percent of the employee’s monthly pay until death or remarriage before reaching age 55. Upon remarriage, the surviving spouse will be
paid a lump sum equal to 24 times the
monthly compensation payment (excluding compensation payable on account of another individual) to which
the surviving spouse was entitled immediately before the remarriage. If re-

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Office of Workers’ Compensation Programs, Labor

§ 10.415

paid to an employee’s survivors are described in 5 U.S.C. 8109. Therefore, if
there is no surviving spouse or child,
OWCP will pay benefits as follows:
(a) To the parent, or parents, wholly
dependent for support on the decedent
in equal shares with any wholly dependent brother, sister, grandparent or
grandchild;
(b) To the parent, or parents, partially dependent for support on the decedent in equal shares when there are
no wholly dependent brothers, sisters,
grandparents or grandchildren (or
other wholly dependent parent); and
(c) To the parent, or parents, partially dependent upon the decedent, 25
percent of the amount payable, shared
equally, and the remaining 75 percent
to any wholly dependent brother, sister, grandparent or grandchild (or
wholly dependent parent), shared
equally.

added to the total percentages payable
to the children, surviving spouse and
dependent parents, will not exceed a
total of 75 percent of the employee’s
monthly pay.
(f) A child, brother, sister or grandchild may be entitled to receive death
benefits until death, marriage, or
reaching age 18. Regarding entitlement
after reaching age 18, refer to § 10.417 of
these regulations.
§ 10.411 What are the maximum and
minimum rates of compensation in
death cases?
(a) Compensation for death may not
exceed the employee’s pay or 75 percent
of the basic monthly pay of the highest
step of grade 15 of the General Schedule, except that compensation may exceed the employee’s basic monthly pay
if such excess is created by authorized
cost-of-living increases. (Basic monthly pay does not include locality adjustments.) However, the maximum limit
does not apply when the death occurred
during an assassination of a Federal official described under 18 U.S.C. 351(a) or
18 U.S.C. 1751(a).
(b) Compensation for death is computed on a minimum pay rate equal to
the basic monthly pay of an employee
at the first step of grade 2 of the General Schedule. (Basic monthly pay does
not include locality adjustments.)

§ 10.414 What reports of dependents
are needed in death cases?
If a beneficiary is receiving compensation benefits on account of an
employee’s death, OWCP will ask him
or her to complete a report once each
year on Form CA–12. The report requires the beneficiary to note changes
in marital status and dependents. If
the beneficiary fails to submit the
form (or an equivalent written statement) within 30 days of the date of request, OWCP shall suspend compensation until the requested form or equivalent written statement is received.
The suspension will include compensation payable for or on behalf of another
person (for example, compensation
payable to a widow on behalf of a
child). When the form or statement is
received, compensation will be reinstated at the appropriate rate retroactive to the date of suspension, provided the beneficiary is entitled to
such compensation.

§ 10.412 Will OWCP pay the costs of
burial and transportation of the remains?
In a case accepted for death benefits,
OWCP will pay up to $800 for funeral
and burial expenses. When an employee’s home is within the United States
and the employee dies outside the
United States, or away from home or
the official duty station, an additional
amount may be paid for transporting
the remains to the employee’s home.
An additional amount of $200 is paid to
the personal representative of the decedent for reimbursement of the costs of
terminating the decedent’s status as an
employee of the United States.

§ 10.415 What must a beneficiary do if
the number of beneficiaries decreases?
The circumstances under which compensation on account of death shall be
terminated are described in 5 U.S.C.
8133(b). A beneficiary in a claim for
death benefits should promptly notify
OWCP of any event which would affect

§ 10.413 If a person dies while receiving a schedule award, to whom is
the balance of the schedule award
payable?
The circumstances under which the
balance of a schedule award may be

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Office of Workers’ Compensation Programs, Labor
(c) However, in cases of latent disability, the time for filing claim does
not begin to run until the employee
has a compensable disability and is
aware, or reasonably should have been
aware, of the causal relationship between the disability and the employment (see 5 U.S.C. 8122(b)).

§ 10.105

§ 10.103 How and when is a claim for
permanent impairment filed?
Form CA–7 is used to claim compensation for impairment to a body
part covered under the schedule established by 5 U.S.C. 8107. If Form CA–7
has already been filed to claim disability compensation, an employee
may file a claim for such impairment
by sending a letter to OWCP which
specifies the nature of the benefit
claimed.

§ 10.102 How and when is a claim for
wage loss compensation filed?
(a) Form CA–7 is used to claim compensation for periods of disability not
covered by COP.
(1) An employee who is disabled with
loss of pay for more than three calendar days due to an injury, or someone acting on his or her behalf, must
file Form CA–7 before compensation
can be paid.
(2) The employee shall complete the
front of Form CA–7 and submit the
form to the employer for completion
and transmission to OWCP. The form
should be completed as soon as possible, but no more than 14 calendar
days after the date pay stops due to the
injury or disease.
(3) The requirements for filing claims
are further described in 5 U.S.C. 8121.
(b) Additional Forms CA–7 are used
to claim compensation for additional
periods of disability after the first
Form CA–7 is submitted to OWCP.
(1) It is the employee’s responsibility
to submit Form CA–7. Without receipt
of such claim, OWCP has no knowledge
of continuing wage loss. Therefore,
while disability continues, the employee should submit a claim on Form
CA–7 each two weeks until otherwise
instructed by OWCP.
(2) The employee shall complete the
front of Form CA–7 and submit the
form to the employer for completion
and transmission to OWCP.
(3) The employee is responsible for
submitting, or arranging for the submittal of, medical evidence to OWCP
which establishes both that disability
continues and that the disability is due
to the work-related injury. Form CA–20
is attached to Form CA–7 for this purpose.

§ 10.104 How and when is a claim for
recurrence filed?
(a) A recurrence should be reported
on Form CA–2a if it causes the employee to lose time from work and
incur a wage loss, or if the employee
experiences a renewed need for treatment after previously being released
from care. However, a notice of recurrence should not be filed when a new
injury, new occupational disease, or
new event contributing to an alreadyexisting occupational disease has occurred. In these instances, the employee should file Form CA–1 or CA–2.
(b) The employee has the burden of
establishing by the weight of reliable,
probative and substantial evidence
that the recurrence of disability is
causally related to the original injury.
(1) The employee must include a detailed factual statement as described
on Form CA–2a. The employer may
submit comments concerning the employee’s statement.
(2) The employee should arrange for
the submittal of a detailed medical report from the attending physician as
described on Form CA–2a. The employee should also submit, or arrange
for the submittal of, similar medical
reports for any examination and/or
treatment received after returning to
work following the original injury.
§ 10.105 How and when is a notice of
death and claim for benefits filed?
(a) If an employee dies from a workrelated traumatic injury or an occupational disease, any survivor may file a
claim for death benefits using Form
CA–5 or CA–5b, which may be obtained
from the employer or from the Internet
at www.dol.gov./dol/esa/owcp.htm. The
survivor must provide this notice in
writing and forward it to the employer.

[63 FR 65306, Nov. 25, 1998; 63 FR 71202, Dec.
23, 1998]

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§ 10.110

20 CFR Ch. I (4–1–07 Edition)
to the employee, along with copies of
both sides of Form CA–1 or Form CA–2.
(b) The employer must complete and
transmit the form to OWCP within 10
working days after receipt of notice
from the employee if the injury or disease will likely result in:
(1) A medical charge against OWCP;
(2) Disability for work beyond the
day or shift of injury;
(3) The need for more than two appointments for medical examination
and/or treatment on separate days,
leading to time loss from work;
(4) Future disability;
(5) Permanent impairment; or
(6) Continuation of pay pursuant to 5
U.S.C. 8118.
(c) The employer should not wait for
submittal of supporting evidence before sending the form to OWCP.
(d) If none of the conditions in paragraph (b) of this section applies, the
Form CA–1 or CA–2 shall be retained as
a permanent record in the Employee
Medical Folder in accordance with the
guidelines established by the Office of
Personnel Management.

Another person, including the employer, may do so on the survivor’s behalf. The survivor may also submit the
completed Form CA–5 or CA–5b directly to OWCP. The survivor shall disclose the SSNs of all survivors on
whose behalf claim for benefits is made
in addition to the SSN of the deceased
employee. The survivor may withdraw
his or her claim (but not the notice of
death) by so requesting in writing to
OWCP at any time before OWCP determines eligibility for benefits.
(b) For deaths that occur on or after
September 7, 1974, a notice of death
must be filed within three years of the
death. The form contains the necessary
words of claim. The requirements for
timely
filing
are
described
in
§ 10.100(b)(1) through (3).
(c) However, in cases of death due to
latent disability, the time for filing the
claim does not begin to run until the
survivor is aware, or reasonably should
have been aware, of the causal relationship between the death and the employment (see 5 U.S.C. 8122(b)).
(d) The filing of a notice of injury or
occupational disease will satisfy the
time requirements for a death claim
based on the same injury or occupational disease. If an injured employee
or someone acting on the employee’s
behalf does not file a claim before the
employee’s death, the right to claim
compensation for disability other than
medical expenses ceases and does not
survive.
(e) A survivor must be alive to receive any payment; there is no vested
right to such payment. A report as described in § 10.414 of this part must be
filed once each year to support continuing payments of compensation.

§ 10.111 What should the employer do
when an employee files an initial
claim for compensation due to disability or permanent impairment?
(a) When an employee is disabled by
a work-related injury and loses pay for
more than three calendar days, or has
a permanent impairment or serious disfigurement as described in 5 U.S.C.
8107, the employer shall furnish the
employee with Form CA–7 for the purpose of claiming compensation.
(b) If the employee is receiving continuation of pay (COP), the employer
should give Form CA–7 to the employee
by the 30th day of the COP period and
submit the form to OWCP by the 40th
day of the COP period. If the employee
has not returned the form to the employer by the 40th day of the COP period, the employer should ask him or
her to submit it as soon as possible.
(c) Upon receipt of Form CA–7 from
the employee, or someone acting on his
or her behalf, the employer shall complete the appropriate portions of the
form. As soon as possible, but no more
than five working days after receipt
from the employee, the employer shall
forward the completed Form CA–7 and

NOTICES AND CLAIMS FOR INJURY, DISEASE, AND DEATH—EMPLOYER’S ACTIONS

§ 10.110 What should the employer do
when an employee files a notice of
traumatic injury or occupational
disease?
(a) The employer shall complete the
agency portion of Form CA–1 (for traumatic injury) or CA–2 (for occupational
disease) no more than 10 working days
after receipt of notice from the employee. The employer shall also complete the Receipt of Notice and give it

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§ 10.7

20 CFR Ch. I (4–1–07 Edition)

eligible for a basic benefit shall be entitled to have such basic benefit augmented at a specified rate for certain
persons who live in the beneficiary’s
household or who are dependent upon
the beneficiary for support.
(d) 5 U.S.C. 8101, 8110, 8133 and 8148,
which define the nature of such survivorship or dependency necessary to
qualify a beneficiary for a survivor’s
benefit or an augmented benefit, apply
to the provisions of this part.

INFORMATION IN PROGRAM RECORDS
§ 10.10 Are all documents relating to
claims filed under the FECA considered confidential?
All records relating to claims for
benefits, including copies of such
records maintained by an employer,
are considered confidential and may
not be released, inspected, copied or
otherwise disclosed except as provided
in the Freedom of Information Act and
the Privacy Act of 1974.

§ 10.7 What forms are needed to process claims under the FECA?

§ 10.11 Who maintains custody
control of FECA records?

(a) Notice of injury, claims and certain specified reports shall be made on
forms prescribed by OWCP. Employers
shall not modify these forms or use
substitute forms. Employers are expected to maintain an adequate supply
of the basic forms needed for the proper
recording and reporting of injuries.
Form No.

Title

(1) CA–1 ........

Federal Employee’s Notice of Traumatic Injury and Claim for Continuation of Pay/
Compensation
Notice of Occupational Disease and Claim
for Compensation
Notice of Employee’s Recurrence of Disability and Claim for Pay/ Compensation
Claim for Compensation by Widow, Widower
and/or Children
Claim for Compensation by Parents, Brothers, Sisters, Grandparents, or Grandchildren
Official Superior’s Report of Employee’s
Death
Claim for Compensation Due to Traumatic
Injury or Occupational Disease
Time Analysis Form
Leave Buy Back (LBB) Worksheet/Certification and Election
Authorization of Examination and/or Treatment
Duty Status Report
Attending Physician’s Report

(2) CA–2 ........
(3) CA–2a ......
(4) CA–5 ........
(5) CA–5b ......

(6) CA–6 ........
(7) CA–7 ........
(8) CA–7a ......
(9) CA–7b ......
(10) CA–16 ....
(11) CA–17 ....
(12) CA–20 ....

All records relating to claims for
benefits filed under the FECA, including any copies of such records maintained by an employing agency, are
covered by the government-wide Privacy Act system of records entitled
DOL/GOVT–1 (Office of Workers’ Compensation Programs, Federal Employees’ Compensation Act File). This system of records is maintained by and
under the control of OWCP, and, as
such, all records covered by DOL/
GOVT–1 are official records of OWCP.
The protection, release, inspection and
copying of records covered by DOL/
GOVT–1 shall be accomplished in accordance with the rules, guidelines and
provisions of this part, as well as those
contained in 29 CFR parts 70 and 71,
and with the notice of the system of
records and routine uses published in
the FEDERAL REGISTER. All questions
relating to access/disclosure, and/or
amendment of FECA records maintained by OWCP or the employing
agency, are to be resolved in accordance with this section.
§ 10.12 How may a FECA claimant or
beneficiary obtain copies of protected records?

(b) Copies of the forms listed in this
paragraph are available for public inspection at the Office of Workers’ Compensation
Programs,
Employment
Standards Administration, U.S. Department of Labor, Washington, DC
20210. They may also be obtained from
district offices, employers (i.e., safety
and health offices, supervisors), and
the Internet, at www.dol.gov./dol/esa/
owcp.htm.

(a) A claimant seeking copies of his
or her official FECA file should address
a request to the District Director of
the OWCP office having custody of the
file. A claimant seeking copies of
FECA-related documents in the custody of the employer should follow the
procedures established by that agency.
(b)(1) While an employing agency
may establish procedures that an injured employee or beneficiary should

[63 FR 65306, Nov. 25, 1998; 63 FR 71202, Dec.
23, 1998]

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§ 10.529

20 CFR Ch. I (4–1–07 Edition)

§ 10.529 What action will OWCP take if
the employee files an incomplete report?

§ 10.536 What is the penalty for failing
to submit a report of dependents?
If an employee fails to submit a requested statement or supporting document within 30 days of the date of the
request, OWCP will suspend his or her
right to augmented compensation until
OWCP receives the requested statement or supporting document. At that
time, OWCP will reinstate augmented
compensation retroactive to the date
of suspension, provided that the employee is entitled to receive augmented
compensation.

(a) If an employee knowingly omits
or understates any earnings or work
activity in making a report, he or she
shall forfeit the right to compensation
with respect to any period for which
the report was required. A false or evasive statement, omission, concealment,
or misrepresentation with respect to
employment activity or earnings in a
report may also subject an employee to
criminal prosecution.
(b) Where the right to compensation
is forfeited, OWCP shall recover any
compensation already paid for the period of forfeiture pursuant to 5 U.S.C.
8129 and other relevant statutes.

§ 10.537 What reports are needed when
compensation payments continue
for children over age 18?
(a) Compensation payable on behalf
of a child that would otherwise end
when the child reaches 18 years of age
will continue if and for so long as he or
she is not married and is either a student as defined in 5 U.S.C. 8101(17), or
physically or mentally incapable of
self-support.
(b) At least twice each year, OWCP
will ask an employee who receives
compensation based on the student status of a child to provide proof of continuing entitlement to such compensation, including certification of school
enrollment.
(c) Likewise, at least twice each
year, OWCP will ask an employee who
receives compensation based on a
child’s physical or mental inability to
support himself or herself to submit a
medical report verifying that the
child’s medical condition persists and
that it continues to preclude self-support.
(d) If an employee fails to submit
proof within 30 days of the date of the
request, OWCP will suspend the employee’s right to compensation until
the requested information is received.
At that time OWCP will reinstate compensation retroactive to the date of
suspension, provided the employee is
entitled to such compensation.

REPORTS OF DEPENDENTS
§ 10.535 How are dependents defined,
and what information must the employee report?
(a) Dependents in disability cases are
defined in § 10.405. While the employee
has one or more dependents, the employee’s basic compensation for wage
loss or for permanent impairment shall
be augmented as provided in 5 U.S.C.
8110. (The rules for death claims are
found in § 10.414.)
(b) An employee who is receiving
augmented compensation on account of
dependents must advise OWCP immediately of any change in the number or
status of dependents. The employee
should also promptly refund to OWCP
any amounts received on account of
augmented compensation after the
right to receive augmented compensation has ceased. Any difference between actual entitlement and the
amount already paid beyond the date
entitlement ended is an overpayment
of compensation and may be recovered
pursuant to 5 U.S.C. 8129 and other relevant statutes.
(c) An employee who is receiving
augmented compensation shall be periodically required to submit a statement as to any dependents, or to submit supporting documents such as
birth or marriage certificates or court
orders, to determine if he or she is still
entitled to augmented compensation.

REDUCTION AND TERMINATION OF
COMPENSATION
§ 10.540 When and how is compensation reduced or terminated?
(a) Except as provided in paragraphs
(b) and (c) of this section, where the

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20 CFR Ch. I (4–1–07 Edition)

§ 10.529 What action will OWCP take if
the employee files an incomplete report?

§ 10.536 What is the penalty for failing
to submit a report of dependents?
If an employee fails to submit a requested statement or supporting document within 30 days of the date of the
request, OWCP will suspend his or her
right to augmented compensation until
OWCP receives the requested statement or supporting document. At that
time, OWCP will reinstate augmented
compensation retroactive to the date
of suspension, provided that the employee is entitled to receive augmented
compensation.

(a) If an employee knowingly omits
or understates any earnings or work
activity in making a report, he or she
shall forfeit the right to compensation
with respect to any period for which
the report was required. A false or evasive statement, omission, concealment,
or misrepresentation with respect to
employment activity or earnings in a
report may also subject an employee to
criminal prosecution.
(b) Where the right to compensation
is forfeited, OWCP shall recover any
compensation already paid for the period of forfeiture pursuant to 5 U.S.C.
8129 and other relevant statutes.

§ 10.537 What reports are needed when
compensation payments continue
for children over age 18?
(a) Compensation payable on behalf
of a child that would otherwise end
when the child reaches 18 years of age
will continue if and for so long as he or
she is not married and is either a student as defined in 5 U.S.C. 8101(17), or
physically or mentally incapable of
self-support.
(b) At least twice each year, OWCP
will ask an employee who receives
compensation based on the student status of a child to provide proof of continuing entitlement to such compensation, including certification of school
enrollment.
(c) Likewise, at least twice each
year, OWCP will ask an employee who
receives compensation based on a
child’s physical or mental inability to
support himself or herself to submit a
medical report verifying that the
child’s medical condition persists and
that it continues to preclude self-support.
(d) If an employee fails to submit
proof within 30 days of the date of the
request, OWCP will suspend the employee’s right to compensation until
the requested information is received.
At that time OWCP will reinstate compensation retroactive to the date of
suspension, provided the employee is
entitled to such compensation.

REPORTS OF DEPENDENTS
§ 10.535 How are dependents defined,
and what information must the employee report?
(a) Dependents in disability cases are
defined in § 10.405. While the employee
has one or more dependents, the employee’s basic compensation for wage
loss or for permanent impairment shall
be augmented as provided in 5 U.S.C.
8110. (The rules for death claims are
found in § 10.414.)
(b) An employee who is receiving
augmented compensation on account of
dependents must advise OWCP immediately of any change in the number or
status of dependents. The employee
should also promptly refund to OWCP
any amounts received on account of
augmented compensation after the
right to receive augmented compensation has ceased. Any difference between actual entitlement and the
amount already paid beyond the date
entitlement ended is an overpayment
of compensation and may be recovered
pursuant to 5 U.S.C. 8129 and other relevant statutes.
(c) An employee who is receiving
augmented compensation shall be periodically required to submit a statement as to any dependents, or to submit supporting documents such as
birth or marriage certificates or court
orders, to determine if he or she is still
entitled to augmented compensation.

REDUCTION AND TERMINATION OF
COMPENSATION
§ 10.540 When and how is compensation reduced or terminated?
(a) Except as provided in paragraphs
(b) and (c) of this section, where the

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