Breaking OWCP with Chris & Gini

(Chats 2-27-19) Is Your Supervisor Breaking the Law? 20 CFR Regulations & Impeding a FECA Claim

• Chris & Gini Helms

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0:00 | 33:38

Are you one of the 12 out of 13 federal employees whose work injury claim gets denied? In this episode of Breaking OWCP, Chris from Federal Injury Centers tackles the #2 reason claims fail: Management giving employees a hard time.

If your supervisor is refusing to help, claiming they "don't have time," or arguing that you aren't really hurt, they might be breaking federal law. Chris breaks down the specific Code of Federal Regulations (CFR) you need to quote to management, how to use OSHA whistleblower protections to your advantage, and the "All In" poker move that forces your agency to process your paperwork.

In This Episode You Will Learn:

  • The shocking statistic: Why only 1 in 13 federal injury claims were accepted in 2018.
  • The Law: Specific breakdown of 20 CFR 10.16 and 20 CFR 10.110—why impeding a FECA claim is a crime and why your employer must give you a receipt.
  • The OSHA Option: How to use the whistleblower hotline (1-800-321-OSHA) if you are being threatened or ignored.
  • The "All In" Strategy: How to print, fill, and force the submission of your own CA-1 or CA-2 forms.
  • Medical Evidence: Why your supervisor is legally forbidden from waiting for medical records before submitting your forms.

Timestamps:

  • [00:00] Intro: The grim statistics of accepted federal injury claims.
  • [01:45] The Supervisor's Obligation: What the Dept. of Labor training module actually says.
  • [02:45] Know Your Rights: 20 CFR 10.16 – Is your supervisor committing a crime by impeding your claim?
  • [03:48] The Receipt Rule: Why you must leave the office with signed copies.
  • [06:30] The Nuclear Option: Calling OSHA and filing a whistleblower complaint.
  • [08:40] Advice for USPS Employees: When to call the Postal Inspector.
  • [10:30] The "Poker Move": How to file your own forms when management refuses.
  • [15:30] Q&A: Stem cell therapy coverage and settlements.
  • [17:40] Q&A: How to appeal a denied claim (Reconsideration vs. Oral Hearing).
  • [24:10] Explaining Consequential Injuries vs. Recurrences.
  • [29:00] The struggle of finding doctors who understand OWCP narratives.

Relevant Laws & Resources Mentioned:

  • 20 CFR 10.16: Wrongfully impeding a FECA claim.
  • 20 CFR 10.110: Employer obligations to process forms within 10 days.
  • 5 USC 8122: The 3-year statute of limitations for filing.
  • OSHA Whistleblower Complaint: osha.gov or 1-800-321-OSHA.




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Wednesday Night OWCP Chats with Chris & Gini