Rule2022-28619
Claims for Compensation Under the Federal Employees' Compensation Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 6, 2023
Effective
March 7, 2023
Issuing agencies
Labor DepartmentWorkers' Compensation Programs Office
Abstract
The Office of Workers' Compensation Programs (OWCP) is publishing this final rule to adjust the amount of time a claimant has to provide additional information when the evidence that has been submitted by the claimant is insufficient to meet their burden of proof and OWCP needs additional information. This change implements a requirement of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, which requires OWCP to increase the minimum amount of time allowed from 30 days to 60 days.
Full Text
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<title>Federal Register, Volume 88 Issue 4 (Friday, January 6, 2023)</title>
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[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Rules and Regulations]
[Pages 974-975]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28619]
[[Page 974]]
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DEPARTMENT OF LABOR
Office of Workers' Compensation Programs
20 CFR Part 10
RIN 1240-AA18
Claims for Compensation Under the Federal Employees' Compensation
Act
AGENCY: Office of Workers' Compensation Programs, Department of Labor.
ACTION: Final rule.
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SUMMARY: The Office of Workers' Compensation Programs (OWCP) is
publishing this final rule to adjust the amount of time a claimant has
to provide additional information when the evidence that has been
submitted by the claimant is insufficient to meet their burden of proof
and OWCP needs additional information. This change implements a
requirement of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023, which requires OWCP to increase the minimum
amount of time allowed from 30 days to 60 days.
DATES: This final rule is effective March 7, 2023.
FOR FURTHER INFORMATION CONTACT: Antonio Rios, Director, Division of
Federal Employees' and Longshore and Harbor Workers' Compensation,
Office of Workers' Compensation Programs, by mail at U.S. Department of
Labor, Room C-3154, U.S. Department of Labor, 200 Constitution Avenue
NW, Washington, DC 20210; by email at <a href="/cdn-cgi/l/email-protection#0347454640476a716660776c7143676c6f2d646c75"><span class="__cf_email__" data-cfemail="ebafadaea8af82998e889f8499ab8f8487c58c849d">[email protected]</span></a>; or by
telephone at 202-693-0040. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: The Federal Employees' Compensation Act
(FECA) provides compensation for wage loss, medical care, and
vocational rehabilitation to Federal employees and certain other
individuals who are injured in the performance of their duties, or who
develop illnesses as a result of factors of their Federal employment.
Under Public Law 117-263, Congress directed OWCP to update 20 CFR
10.121 within 16 days of the law's enactment. Section 10.121 addresses
situations when the evidence submitted by the claimant is insufficient
to meet their burden of proof and OWCP needs additional information.
Presently, it requires OWCP to give the claimant at least 30 days to
submit the evidence required. At Congress' express direction, OWCP is
changing this 30-day period to 60 days.
The Agency's implementation of this action without opportunity for
public comment is based on the good cause exception in 5 U.S.C.
553(b)(B), in that seeking public comment is impracticable,
unnecessary, and contrary to the public interest. Seeking public
comment is unnecessary because the agency has no discretion to change
the timeline for a claimant to submit additional evidence. In addition,
given the 16-day deadline for amending the regulation that was
prescribed by Congress, seeking prior public comment on this is
impracticable and contrary to the public interest in the orderly
promulgation and implementation of regulations.
Executive Order 12866
This regulatory action does not constitute a ``significant'' rule
within the meaning of Executive Order 12866 in that it only changes the
timeline to submit additional evidence by 30 days.
Regulatory Flexibility Act of 1980
An analysis under the Regulatory Flexibility Act of 1980, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (RFA), 5 U.S.C. 601-612, is not needed for this rule. The RFA
imposes certain requirements on Federal agency rules that are subject
to the notice and comment requirements of the APA, 5 U.S.C. 553(b). The
Department is invoking the good cause exception to notice-and-comment
procedures for this final rule. Accordingly, the Department is not
required to either certify that the final rule would not have a
significant economic impact on a substantial number of small entities
or conduct a regulatory flexibility analysis.
Paperwork Reduction Act (PRA)
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the Department consider the impact of paperwork and other
information collection burdens imposed on the public. The Department
has determined that this final rule does not require any collection of
information or alter any existing information collections.
Unfunded Mandates Reform Act of 1995 and Executive Order 13132
The Department has reviewed this proposed rule in accordance with
the requirements of Exec. Order No. 13132, 64 FR 43,225 (Aug. 10,
1999), and the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et
seq., and has found no potential or substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. As there is no Federal mandate contained
herein that could result in increased expenditures by State, local, or
tribal governments or by the private sector, the Department has not
prepared a budgetary impact statement.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
The Department has reviewed this proposed rule in accordance with
Exec. Order 13,175, 65 FR 67249 (Nov. 9, 2000), and has determined that
it does not have ``tribal implications.'' The proposed rule does not
``have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes.''
Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights
The Department has reviewed this proposed rule in accordance with
Exec. Order 12630, 53 FR 8859 (Mar. 15, 1988), and has determined that
it does not contain any ``policies that have takings implications'' in
regard to the ``licensing, permitting, or other condition requirements
or limitations on private property use, or that require dedications or
exactions from owners of private property.''
Executive Order 13211: Energy Supply, Distribution, or Use
The Department has reviewed this proposed regulation and has
determined that the provisions of Exec. Order 13211, 66 FR 28355 (May
18, 2001), are not applicable as there are no direct or implied effects
on energy supply, distribution, or use.
The Privacy Act of 1974, 5 U.S.C. 552a, as Amended
Claims filed under this regulation are subject to the current
Privacy Act System of Records, DOL/GOVT-1, Office of Workers'
Compensation Programs, Federal Employees' Compensation Act File, 67 FR
16826 (April 8, 2002).
List of Subjects in 20 CFR Part 10
Administrative practice and procedure, Federal Employees'
Compensation Act, Federal employees, and other groups of employees and
individuals who are injured or killed while performing their jobs.
For the reasons discussed in the preamble, the Office of Workers'
[[Page 975]]
Compensation Programs amends 20 CFR part 10 as follows:
PART 10--CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES'
COMPENSATION ACT, AS AMENDED
0
1. The authority citation for part 10 is amended to read as follows: 5
U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717;
Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary
of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263.
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2. Revise Sec. 10.121 to read as follows:
Sec. 10.121 What happens if OWCP needs more evidence from the
claimant?
If the claimant submits factual evidence, medical evidence, or
both, but OWCP determines that this evidence is not sufficient to meet
the burden of proof, OWCP will inform the claimant of the additional
evidence needed. The claimant will be allowed at least 60 days to
submit the evidence required. OWCP is not required to notify the
claimant a second time if the evidence submitted in response to OWCP's
first request for additional evidence is not sufficient to meet the
burden of proof.
Signed at Washington, DC, on December 30, 2022.
Christopher Godfrey,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2022-28619 Filed 1-5-23; 8:45 am]
BILLING CODE 4510-CH-P
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