[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR10.101]



[Page 18-19]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 10_CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION 

ACT, AS AMENDED--Table of Contents

 

        Subpart B_Filing Notices and Claims; Submitting Evidence

 

Sec.  10.101  How and when is a notice of occupational disease filed?



    (a) To claim benefits under the FECA, an employee who has a disease 

which he or she believes to be work-related must give notice of the 

condition in writing on Form CA-2, which may be obtained from the 

employer or from the Internet at www.dol.gov./dol/esa/owcp.htm. The 

employee must forward this notice to the employer. Another person, 

including the employer, may do so on the employee's behalf. The person 

submitting a notice shall include the Social Security Number (SSN) of 

the injured employee. The claimant may withdraw his or her claim (but 

not the notice of occupational disease) by so requesting in writing to 

OWCP at any time before OWCP determines eligibility for benefits.

    (b) For occupational diseases sustained as a result of exposure to 

injurious work factors that occurs on or after September 7, 1974, a 

notice of occupational disease must be filed within three years of the 

onset of the condition. (The form contains the necessary words of 

claim.) The requirements for timely filing are described in Sec.  

10.100(b)(1) through (3).



[[Page 19]]



    (c) However, in cases of latent disability, the time for filing 

claim does not begin to run until the employee has a compensable 

disability and is aware, or reasonably should have been aware, of the 

causal relationship between the disability and the employment (see 5 

U.S.C. 8122(b)).