On April 2, 2013, federal disability attorney Dan Goodkin was part of a panel including Employees’ Compensation Appeals Board (ECAB) Chief Judge Richard J. Daschbach and fellow Dan Shapiro. The presentation took place at the LRP Federal Workplace Conference and Expo in Washington, D.C. at the Gaylord National Hotel. Mr. Goodkin organized the presentation which included a summary of significant ECAB decisions from 2012 and a discussion of how those decisions impact injured federal employees and consequently any federal disability lawyer that represents an injured federal worker under the Federal Employees’ Compensation Act (FECA). Chief Judge Daschbach commented on various cases and offered his insight into the Board’s approach and philosophy regarding injured federal workers and the processing of FECA claims.
Topics covered included:
- Timeliness issues in FECA claims including a discussion of a claim that was not filed for almost sixty years from the date of last exposure (D.C. and Department of the Navy, ECAB Docket No. 11-778 (2012);
- Several claims clarifying when an injury to a federal worker is considered within the performance of duty;
- Agency liability for disclosing personal information or issuing an order to an employee that is against policy, law or regulation;
- Injuries to which there was no witness or no explanation as to what caused the injury;
- A discussion of the lack of apportionment under FECA – including stress claims filed by federal employees;
- Post-acceptance video surveillance of injured federal workers;
- Factors that must be considered when issuing a Rehabilitation or light duty job offers to an injured federal worker;
- The proper procedure for selection of referee examiners by the Office of Workers’ Compensation Programs (OWCP).
Mr. Goodkin is scheduled to present next at the OWCP Litigation Group conference in May, also in Washington, D.C., on the topic of coordinating benefits and electing remedies in cases involving MSPB, EEOC, FECA and FERS/CSRS issues.