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Federal Workers' Compensation

The Office of Workers' Compensation Programs administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents who experience work-related injury or occupational disease.

Here is a forum for members to share and exchange experiences regarding to workers' compensation related issues.


To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.
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blee  
#1 Posted : Wednesday, April 13, 2011 11:18:27 PM(UTC)

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Can the DOL request funds back for an over payment that was not my fault for a schedule award?
neice  
#2 Posted : Thursday, April 14, 2011 12:44:34 AM(UTC)

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I hope this helps.  You can google 20 Code of Fed. Regulations to do more research.
 
Yes, they can, but if OWCP determines that claimant is not at fault, repayment would still be required unless 'adjustment or recovery of the overpayment' would defeat the purpose of FECA or would be against equity and good conscience.  20 C.F.R. 10.434. 
 
The recovery of the overpayment can be waived if the claimant or beneficiary can establish that he/she is "without fault" and recovery would defeat the purpose of FECA or be "against equity and good conscience".  20 C.F.R. 10.321.
 
OWCP may find that claimant was not at fault if failure to report an event affecting compensation benefits, or acceptance of an incorrect payment, occurred because:
 
1) The claimant relied on misinformation given in writing by owcp (or by another govt agency which claimant had reason to believe was connected with the administration of benefits) as to the interpretation of a pertinent provision of the FECA or it's regulations; or
 
2) OWCP erred in calculating cost-of-living increases, schedule award length and/or percentage of impairment, or loss of wage-earning capacity.  20 C.F.R. 10.435.
 
 
neice  
#3 Posted : Thursday, April 14, 2011 12:57:29 AM(UTC)

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Here's the site to look at 20 c.f.r.:
 
dhacker56  
#4 Posted : Thursday, April 14, 2011 1:04:46 AM(UTC)

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Were you aware it was an overpayment?  If so, then that sounds kind of like dishonesty on your part.
Would you tell a cashier in a store that they had given you  too much in change?


neice  
#5 Posted : Thursday, April 14, 2011 2:01:00 AM(UTC)

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blee - Looks like dhacker56 didn't like my advise.  That's cuz it has merit.  That should tell you something about dhacker56.
smecky  
#6 Posted : Thursday, April 14, 2011 4:26:07 AM(UTC)

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 When I got hurt I just started weekends off. OWCP was paying me Sun. premiums for almost a year. They were going by my Tues/Wed drops. They came looking for their overpayment. They were at fault so I did not have to repay. I also claimed a hardship. They wanted all kinds of my financial info to back it up. Sent them all of my bills that were due-  most were late because as usual the PO injury comp people were always f**king up my CA-7. I have 4 kids and 6 dollars in the checking account at that time. My wife was looking for work. OWCP sent me a letter saying that I lived below the poverty level and it would not be of best interest for them to take the overpayment-- no *****. And to think that alot of people believe were living the high life.
dhacker56  
#7 Posted : Thursday, April 14, 2011 4:48:35 AM(UTC)

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neice wrote:
blee - Looks like dhacker56 didn't like my advise.  That's cuz it has merit.  That should tell you something about dhacker56.


Yeah that I am honest.  The same thing happened to me with regards to a change to a lower level position.  after 9 months they finally got it straightened out.  Did I keep the over payments?  Nope.  It was not mine to keep.  Now you tell me what this told you about dhacker56!
neice  
#8 Posted : Thursday, April 14, 2011 10:22:40 AM(UTC)

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That you're the judge & the jury, and you automatically think that blee did something on purpose. 
 
Claimants come on this site to ask questions, not be attacked for the questions they ask.
blee  
#9 Posted : Thursday, April 14, 2011 10:33:25 PM(UTC)

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Thanks for all you guys help. No I did not know it was an over payment (dhacker56). It was sat up on auto payment and like paying for gas in advance when the amount get to the end it stops. I wanted to know if they have some fault in all of this. Thanks again, (neice)
neice  
#10 Posted : Thursday, April 14, 2011 10:56:12 PM(UTC)

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Your Welcome.
dhacker56  
#11 Posted : Monday, April 18, 2011 5:24:46 AM(UTC)

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I assumed nothing... That is why the post ended with a question mark not an exclamation point.

BTW... Now that you know there was an overpayment do you think it is still yours to keep????? 
NOT !!!!
dhacker562011-04-18 13:31:18
Snowed  
#12 Posted : Monday, April 18, 2011 10:29:09 AM(UTC)

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An overpayment is an overpayment...You have recourse to ask the overpayment be waived if it causes financial hardship and the overpayment was not your fault.
March for Justice!
thanks 1 user thanked for this useful post.
RightGuy45 on 4/17/2017(UTC)
RightGuy45  
#13 Posted : Monday, April 17, 2017 7:32:09 AM(UTC)
RightGuy45

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Originally Posted by: Snowed Go to Quoted Post
An overpayment is an overpayment...You have recourse to ask the overpayment be waived if it causes financial hardship and the overpayment was not your fault.


How often is the overpayment waiver granted if it's not the employees fault?
edalder  
#14 Posted : Thursday, April 20, 2017 11:20:22 AM(UTC)

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Being found "without fault" gets your "foot i the door". in terms of possibly getting a waiver.

You still have to establish that it would be a financial hardship to repay it, even if you have to do so on an installment basis. Essentially, you would have to show that you would be deprived of the money necessary to meet basic living expenses.
Kivi
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