Federal Employees’ Compensation Act: How and When to File a Recurrence Claim
A “recurrence” is the term used by the Federal Employees’ Compensation Act (FECA) to describe a subsequent occurrence of a disability caused by a workplace injury or occupational disease, after the employee had returned to work.
The employee should use Form CA-2a to report a recurrence of a disability from a previously reported injury or occupational disease if the employee loses time from work or requires renewed treatment. However, the employee should not use Form CA-2a if he or she experiences a new traumatic injury, a new occupational disease, or a new “event contributing to an already-existing occupational occupational disease. In those cases, the employee should use Form CA-1 (traumatic injury) or Form CA-2 (occupational disease).
Form CA-2a instructions provide more detailed information about the definition of a recurrence and explains the difference between recurrence of a medical condition and recurrence of a disability:
- A recurrence of the medical condition is the “documented need for additional medical treatment after release from treatment for the work-related injury.”
- A recurrence of the disability is stopping work because one of the following is true:
- The symptoms of a previous injury or disease spontaneously recurred without an intervening cause
- The disability returned or worsened due to a subsequent injury that was caused by “weakness of impairment caused by a work-related injury”
- The employer withdrew the employee’s light-duty assignment, for reasons other than misconduct or non-performance, when the employee cannot perform the full duties of the regular position
It is a strategic decision whether to file a recurrence claim or a claim for a new traumatic injury or occupational disease. You may benefit from consultation with an experienced federal workers’ compensation attorney.
Read the original regulation regarding filing a recurrence claim online.
Contact Uliase & Uliase Regarding FECA Recurrence Claims
For an appointment with an experienced New Jersey federal worker injury lawyer, contact our office online or call us at (856) 310-9002 to schedule an appointment with our experienced federal employee injury lawyers. We are open weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.