20 cfr 10 104

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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