[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: 20CFR10.104]



[Page 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.  10.104  How and when is a claim for recurrence filed?



    (a) A recurrence should be reported on Form CA-2a if it causes the 

employee to lose time from work and incur a wage loss, or if the 

employee experiences a renewed need for treatment after previously being 

released from care. However, a notice of recurrence should not be filed 

when a new injury, new occupational disease, or new event contributing 

to an already-existing occupational disease has occurred. In these 

instances, the employee should file Form CA-1 or CA-2.

    (b) The employee has the burden of establishing by the weight of 

reliable, probative and substantial evidence that the recurrence of 

disability is causally related to the original injury.

    (1) The employee must include a detailed factual statement as 

described on Form CA-2a. The employer may submit comments concerning the 

employee's statement.

    (2) The employee should arrange for the submittal of a detailed 

medical report from the attending physician as described on Form CA-2a. 

The employee should also submit, or arrange for the submittal of, 

similar medical reports for any examination and/or treatment received 

after returning to work following the original injury.