Federal Employees’ Compensation Act Due to COVID-19

Via DOL/Office of Workers’ Compensation Programs:

DOL has created new procedures to specifically address COVID-19 claims. Employees filing a claim for workers’ compensation coverage as a result of COVID-19 should file Form CA-1, Notice of Traumatic Injury through your employer using the Employees’ Compensation Operations & Management Portal. The new procedures will also call the adjudicator’s attention to the type of employment held by the employee, rather than burdening the employee with identifying the exact day or time they contracted the novel coronavirus.

    • If a COVID-19 claim is filed by a person in high-risk employment, the Office of Workers’ Compensation Programs (OWCP) DFEC will accept that the exposure to COVID-19 was proximately caused by the nature of the employment. If the employer supports the claim and that the exposure occurred, and the CA-1 is filed within 30 days, the employee is eligible to receive Continuation of Pay for up to 45 days.
    • If a COVID-19 claim is filed by a person whose position is not considered high-risk, OWCP DFEC will require the claimant to provide a factual statement and any available evidence concerning exposure. The employing agency will also be expected to provide OWCP DFEC with any information they have regarding the alleged exposure, and to indicate whether they are supporting or controverting the claim. If the employer supports the claim and that the exposure occurred, and the CA-1 is filed within 30 days, the employee is eligible to receive Continuation of Pay for up to 45 days.

The key evidence needed for a COVID-19 FECA CLAIM as required by the law are the following:

Exposure – Federal employees who are required to interact with the public or front-line medical and public health personnel are considered to be in high-risk employment, thus triggering the application of Chapter 2-0805-6 of the FECA Procedure Manual. In such cases, there is an implicit recognition of a higher likelihood of infection; OWCP will confirm the nature of your employment based on your position title and after confirming with your employer that your position is indeed considered high risk. If your position has not been identified as a high-risk position, you will be asked to provide any evidence of the duration and length of your occupational exposure. This evidence may include information such as a description of job duties, which federal agency you worked for, and the location of the work. OWCP will ask your employing agency to provide information about occupational exposure including relevant agency records.

Medical – You will need to provide medical evidence establishing a diagnosis of COVID-19. You will also need to provide medical evidence establishing that the diagnosed COVID-19 was aggravated, accelerated, precipitated, or directly caused by your work-related activities. Please submit the results of any COVID-19 testing, if available. If you have encountered difficulty in obtaining such testing, OWCP will authorize such testing if you are working in high-risk employment or otherwise have a confirmed COVID-19 employment exposure.

Establishing causal relationship generally requires a qualified physician’s opinion, based on a reasonable degree of medical certainty, that the diagnosed condition is causally related to your employment conditions. This opinion must be based on a complete factual and medical background.

For your health and safety as well as the health of those around you, consider an appointment with your physician by videoconference or teleconference. A medical report generated as the result of such an appointment is compensable as long as it is signed by a physician.

OWCP will also assist by asking your employing agency for any pertinent medical information in their records.

Source:
DOL: Division of Federal Employees’ Compensation (DFEC)

 

Burn Bag: Sharing COVID-Positive Employees’ Information May be Prohibited Under ADA and EEO Regulations

Via Burn Bag:
“The Department has numerous required trainings for supervisors.  Yet, some continue to disregard them.  This behavior can create costly lessons for the Department, especially when it touches upon ADA and EEO regulations.
A supervisor recently emailed several individuals the full name of an employee – from a different team/office – who tested positive for COVID.  Our understanding is that the supervisor should have omitted the employee’s name per federal ADA/EEO regulations.  We do not know if the employee is aware of this supervisor’s actions, but based on previous experiences, this supervisor will retaliate if we inform the employee, EX, or S/OCR.
 Since we do not have an anonymous EEO reporting process, we ask the Department institute a mandatory training for all Bureau and posts for all supervisors, FSOs, FSSs, CSs, EFMs, contractors, detailees, and others to learn about federal EEO/ADA regulations for COVID-related matters.
 Returning to this supervisor, s/he has averaged approximately one EEO violation per month towards various individuals (with his/her leadership’s knowledge).  Yet the Department allows this supervisor to remain.  We’d like to remind the Department that it has the authority to proactively manage supervisors without waiting for numerous costly and time-consuming ADA/EEO complaints.  Employees (on their personal time) are also allowed to inform their Senators and Congressmen of the Department’s compliance with ADA/EEO regulations.”

Addendum:

“We understand that S/OCR will soon be drafting the 2020 MD-715, an annual status report of the Department’s EEO/ADA programs, which should include COVID-related actions.  We are curious to learn how it may acknowledge that 1) supervisor(s) may be in ongoing non-compliance with EEO/ADA regulations, 2) the Department appears to maintain supervisors in their same roles and 3) this continued non-compliance directly hurts retention and advancement of employees with disabilities.”

 

White Cat on Grass Field by Pixabay

OPM: Protect Employee Privacy Interests During COVID-19

Via OPM:

Under what circumstances should an agency communicate to its employees that there is a confirmed case among one or more of its employees (without identifying the person/specific office)?

The infected employee’s privacy should be protected to the greatest extent possible; therefore, his or her identity should not be disclosed. In an outbreak of quarantinable communicable disease or COVID-19, management should share only that information determined to be necessary to protect the health of the employees in the workplace but maintain confidentiality as required by the Americans with Disabilities Act (ADA).
Supervisors should consult with their agency general counsel to determine what information is releasable. Employees exposed to a co-worker with confirmed COVID-19 should refer to CDC guidance for how to conduct a risk assessment of their potential exposure at https://www.cdc.gov/coronavirus/2019-ncov/hcp/assess-manage-risk.html.
If social distancing, information sharing, or other precautions to assist employees in recognizing symptoms or reducing the spread of the illness can be taken without disclosing information related to a specific employee, that is the preferred approach. Managers should work with their workplace safety contacts and local health officials to stay apprised of information regarding transmission of the illness and precautions that should be taken to reduce the spread of influenza or any other contagious disease in the workplace. Managers should treat this as they would any other illness in the workplace and continue to protect employee privacy interests while providing sufficient information to all employees related to protecting themselves against the spread of illness.
Source: (PDF)

Where Americans Are Not Welcome Due to USA’s Epic Failure in Containing COVID-19 Infections #RealPostoftheMonth

 

Fourth of July 2020: Who’s Doing What Where During This Global Pandemic?

 

U.S. Embassy Brasilia, Brazil

U.S. Embassy Prague, Czech Republic

U.S. Embassy Bangkok, Thailand

U.S. Embassy Belgrade, Serbia

U.S. Embassy Phnom Penh, Cambodia

U.S. Embassy The Hague, The Netherlands

U.S. Embassy Seoul, South Korea

U.S. Embassy Athens, Greece

 

U.S. Embassy Singapore, Singapore

U.S. Embassy Kuala Lumpur, Malaysia

US Embassy Kabul, Afghanistan

(Same stock photo used by US Embassy Prague, attributed here to Getty Images).

U.S. Embassy Banjul, The Gambia

U.S. Embassy London, UK

U.S. Consulate Thessaloniki, Greece

U.S. Embassy Kolonia, Micronesia

U.S. Consulate Calgary, Canada

 

U.S. Embassy Managua, Nicaragua

U.S. Embassy Lusaka, Zambia

 

U.S. Mission Italy

U.S. Embassy Antananarivo, Madagascar

U.S. Consulate Milan, Italy

U.S. Embassy Podgorica, Montenegro

U.S. Embassy Mexico City, Mexico

U.S. Consulate General Toronto, Canada

#UnitedAgainstCoronavirus: “A Defining Moment For the Global Community” (Without the United States)

 

 

From Egypt and Turkey: Generous Medical Supplies For the United States

 

 

Also medical supplies from South Korea reportedly purchased by FEMA, and medical supplies from Russia initially purported to be aid but the State Department insisted this was a commercial transaction. (see Putin Sends Medical Supplies in “Largest Cargo Aircraft” to “World’s Largest Humanitarian Provider” – Wait, Wat?

COVID-19 Tracker: State Department and Foreign Service Posts (April 14 Update)

Our COVID-19 tracker has large gaps in it, but we don’t have a better alternative on breakdowns as the State Department is only releasing total numbers, not locations.  We have updated our tracker to include the two confirmed FSN deaths in Jakarta, Indonesia and Kinshasa, DRC, and one confirmed FSN death at an undeclared location. There are currently two domestic deaths, one in NYC, a contractor, and one in Washington, D.C. at an undeclared office location, a Civil Service employee.

DOS Briefing 4/14/20: The State Department continues to strongly enforce and practice the appropriate social distancing and other non-pharmaceutical interventions, and that continues to be reflected in our own disease curves.  Currently there are – we’re tracking 297 overseas cases, including 182 active with 115 recovered, holding at – thankfully holding at three overseas deaths, all within locally employed staff. Domestic cases are 71 current cases, 67 with four recovered.  Important to note that we started to see domestic cases in the second into the third week of March, and so this is the point at which we would expect to see those cases start to recover.  So I would anticipate over the next week, we’ll start to see the recovery cases start to climb. I am saddened to say that we’ve had our first – our second domestic death, our first within the U.S. direct-hire population, a civil servant serving here in Washington, D.C.  And our condolences do go out to the family and to all families that have been impacted by coronavirus.”

DOS Briefing 3/23/20 “I can tell you we’re still at single digits here in the United States with cases – one each, two each, three each in Washington; Houston; Boston; New York; Quantico, Virginia; and Seattle.  So the numbers themselves are – overseas are still double-digit.  We’re looking at less than 30 scattered over 220 posts around the world, and it remains a challenge.” 

Related posts

 

 

 

 

 

 

@StateDept: “not tracking any specific exposure to any specific individual at the ambassadorial level”

 

Via Briefing With Senior State Department Officials On COVID-19: Updates on Health Impact and Assistance for American Citizens Abroad MARCH 23, 2020

QUESTION:  Thanks for doing this.  Two things.  First, for the Senior Official One, can you respond to Senator Menendez’s letter yesterday in which he calls for the administration to invoke authorities within the Civil Reserve Air Fleet readiness program to facilitate chartering these flights to get people back, and in which he also calls for the military or the Department of Defense to make military aircraft available.

And then secondly, for Senior Official Two, as I’m sure you’re aware, the U.S. Ambassador to South Africa Ambassador Marks self-quarantined on Thursday at least four days after she returned to South Africa from the United States after having spent time among other things on a U.S. Naval vessel.  Why did she self-quarantine on Thursday?  Was there something that happened between Monday and Thursday that caused her to do that, some kind of exposure?  And if not, why didn’t she self-quarantine immediately upon return to South Africa?  Or indeed, why did she return to South Africa in the first place if she had a potential exposure?  Thank you.

SENIOR STATE DEPARTMENT OFFICIAL ONE:  Thank you, Arshad.  With regard to MilAir, with regard to using those assets, we are in conversations with the Department of Defense through what is called the ExecSec – ExecSec process.  They are one of the options that we might find ourselves calling on down the road.  At the moment, though, we are finding that – excuse me – that laying on charters via the K Fund, via other mechanisms we have here in the State Department is an efficient way to do this.

As I said, we are also helping private carriers increase the number of flights they have.  So, for example, going into Peru, our Economic Bureau is facilitating conversation amongst the U.S. Government agencies involved in providing this end of the regulatory approval while our embassy in Lima is working with the Peruvian authorities on getting the necessary regulatory approvals down there.  And so we’re able to increase the capacity that way.  This is a – whole-of-government is a cliche.  This is more of a whole-of-possibility effort to get people out, and so no option is foreclosed at (inaudible) and – out.

QUESTION:  Wait a minute.  Wait a minute.  What about the question that I had regarding Ambassador Marks and why she did not self-isolate prior to Thursday?  I’d like an answer, please.

SENIOR STATE DEPARTMENT OFFICIAL TWO:  All right.  This is [Senior State Department Official Two].  I can’t speak on an individual case, but I can give you from a policy perspective and sort of the way we’re addressing the disparate self-quarantine and isolation requirements in over 220 locations around the world.  First, we’re not tracking any specific exposure to any specific individual at the ambassadorial level, but I can tell you when any traveler from the State Department returns to a host nation, we respect – to the extent that we can we respect their requirements.  It’s the right thing to do, and I think we would expect their diplomats to do the same when they come to the United States.

 

@USEmbassySeoul Finally Suspends Routine Visa Services

 

Related to our post of March 16, specific to South Korea:
US Embassy Seoul: We’re told that despite being a Level 3 COVID-19 country with very active community spread for the past few weeks, has continued to do routine NIV visa services and is still doing routine NIV visa services. “Those from epicenter areas are able to walk in like anyone else. No temp checks or additional screenings! Guards are not allowed to turn visibly sick people away. Visa appointments are only down because people aren’t traveling as much. However you can still get an appointment easily for (F, M, J, B) This is also a visa waiver country.”  (Note: South Korea is a CDC Level 3 country, and a State Department Level 3: Reconsider Travel country as of this writing).
(Read more: If your routine visa services are still open during this pandemic, please tell us why)
It looks like the US Embassy in Seoul has now suspended its routine visa appointments effective March 19 (first outbreak of COVID19 in Seoul was reported in late January). On March 18, the State Department announced the suspension of routine visa services in Level 2-4 countries. There are some 108 countries currently on Level 1: Exercise Normal Precautions Travel Advisory. There are also Level 1 countries like U.S. Embassy Tashkent in Uzbekistan where posts have suspended their routine visa services; there are COVID19 cases in country and quarantine is in effect).
Below is an excerpt from US Embassy Seoul’s announcement:
“In response to worldwide challenges related to the outbreak of COVID-19, the Department of State is suspending routine visa services in all countries with a level 2, 3, or 4 U.S. Department of State travel advisory.  Accordingly, the U.S. Embassy to the Republic of Korea will cancel all routine immigrant and nonimmigrant visa appointments as of March 19, 2020.  This does not affect the visa waiver program.  Services to U.S. citizens will continue.”
 Link to full statement below.