2. Topics to Be Covered. COP DefinedEligibility for COPControverting COPTerminating COPCalculating COPDetermining Dates Counting COP DaysCOP ExamplesLight Duty and COPReferences. 3. COP Defined. Continuation of regular pay for up to 45 calendar days of wage loss due to disability and/or m
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1. Continuation of Pay (COP) Presentation for Agency Representatives
February 15, 2007
U. S. Department of Labor
Branch of Technical Assistance
2. 2 Topics to Be Covered COP Defined
Eligibility for COP
Counting COP Days
Light Duty and COP
3. 3 COP Defined Continuation of regular pay for up to 45 calendar days of wage loss due to disability and/or medical treatment after a traumatic injury
Intent is to avoid interruption of pay while the claim is adjudicated
Subject to usual deductions from pay, such as income tax, retirement, allotments, etc.
Decision to use leave over COP is not irrevocable. Employee who uses leave can later elect COP within one year of the leave usage or date the case is accepted by OWCP, whichever is later.
4. 4 Continuation of Pay - Eligibility Must be a traumatic injury
Must file the CA-1(or notice of injury) within 30 days of the date of injury
Must begin losing time from work within 45 days of the injury.
5. 5 Nine Reasons for Controverting COP Agency may controvert (not pay) COP ONLY if one of the following applies:
Disability is a result of occupational disease or illness
Employee comes within the exclusions of 5 USC 8101 (1) (B) or (E) (volunteers)
Employee is neither a citizen nor resident of the US or Canada
Injury occurred off the agency’s premises and the employee was not engaged in official “off premises” duties
6. 6 Nine Reasons for Controverting COP - continued Employee’s willful misconduct, intentional harm or death, or proximate intoxication
Injury not reported within 30 days of injury
Work stoppage first occurred more than 45 days after the injury
Employee reported injury after employment was terminated
Employee is enrolled in Civil Air Patrol, Peace Corps, or other group covered by special legislation
7. 7 Unacceptable Reasons for Controverting COP Injury was not witnessed
Employee was careless
Employee is a “bad” employee and doesn’t deserve any benefits
8. 8 Controverting COP Indicate controversion on CA-1 and attach narrative statement and specific evidence substantiating controversion
Advise employee of controversion
Can also terminate COP if no prima facie medical evidence received within ten calendar days
OWCP reviews COP controversion and can overturn it and require that COP be paid. Agency is provided with explanation of basis for decision.
9. 9 Terminating COP Where the employer has paid COP, it may be stopped only when at least one of the following occurs:
Medical evidence is not received within 10 calendar days after the claim is submitted
Medical evidence shows that the employee is not disabled from his/her regular position
Medical evidence shows that the employee is capable of performing light duty, and the employee has refused a suitable written job offer
10. 10 Terminating COP - continued Employee returns to work with no loss of pay
Employee’s period of employment expires
OWCP directs the employer to stop
COP has been paid for 45 days
11. 11 Calculating COP The pay rate for COP purposes is equal to the employee’s regular weekly pay rate
Excludes overtime pay, but includes other applicable extra pay except to the extent prohibited by law
Changes in pay which would have otherwise occurred during the 45 day period are to be reflected. (i.e., promotion, demotion, step increases)
12. 12 COP – Regular Schedule For full or part time workers (permanent or temporary) who work the same number of hours each week of the year, the weekly pay rate is the hourly pay rate (A) in effect on the date of injury multiplied by (x) the number of hours worked each week (B):
A x B = Weekly Pay Rate
13. 13 COP – Irregular Schedule For part-time workers who do not work the same number of hours each week, but who do work each week of the year, the weekly pay rate is an average of the weekly earnings established by dividing (/) the total earnings from the year immediately preceding the injury (A) by the number of weeks worked in that year (B):
A / B = Weekly Pay Rate
14. 14 COP – Intermittent, Seasonal, On-Call The weekly pay rate is the average weekly earnings established by dividing (/) the total earnings during the full 12 month period immediately preceding the date of injury (A) by the number of weeks (or partial weeks) worked during the year (B) (that is A / B); or 150 times the average daily wage earned in the employment during the days employed within the full year immediately preceding the date of injury divided by 52 weeks, whichever is greater.
15. 15 COP – Determining Dates The first day of COP is the day following the date of injury (DOI) where there is immediate time loss
If there is immediate time loss on the DOI and if the employee was injured during official work hours, time lost on DOI is charged to Administrative Leave
If employee is injured before work hours and there is immediate time loss, the first day of COP is the DOI
If disability wasn’t immediate, the timeline begins on the first return to work date – so long as that was within 45 days of the DOI
16. 16 COP – Determining Dates If continual disability for work begins within 45 days after the first return to work, and all 45 days of COP haven’t been used, COP continues until 45 days of COP have been used
If the disability for work was intermittent, COP can be used only up to 45 calendar days after the first return to work – even if less than 45 days of COP have been used (Procedure Manual §2-0807- 6)
17. 17 COP - Counting Days COP looks at calendar days, not just work days
Using any part of a day towards COP makes it a COP day (1 hr COP to see MD = 1 day COP)
Time lost must be certified by physician – read medical carefully for disability for work dates
COP is charged for weekends and holidays if medical evidence shows IW was disabled on those days
Determining factors for COP are disability for work or absence for obtaining medical care for injury
18. 18 COP - Counting Days – Example 1 Worker is injured on 6/1
Disability starts on 6/2
Worker returns to full time limited duty on 6/14.
Disability returns on 6/22 and is continual.