OWCP moves toward recognizing presumptive diseases for wildland firefighters

wildland firefighter with hose
NWCG photo.

Yesterday the Department of Labor announced that they have implemented important changes for processing Federal Employees’ Compensation Act (FECA) claims submitted by firefighters. FICA can pay medical expenses and compensation benefits to injured workers and survivors, and helps injured employees return to work when they are medically able to do so. The new policy eases the evidentiary requirements needed to support claims filed by federal employees engaged in fire protection and suppression activities for certain cancers, heart conditions and lung conditions. In essence, to an untrained observer, the new program looks similar to the presumptive disease policy employed by many fire departments and governments.

The new Office of Workers’ Compensation Programs FECA Bulletin, No. 22-07 “Special Case Handling in Certain Firefighter FECA Claims Processing and Adjudication” issued April 19, 2022, establishes a list of cancers and medical conditions for which the firefighter does not have to submit proof that their disease was caused by an on the job injury. The requirements to qualify for this new policy are that the condition must be diagnosed by a doctor, the person was engaged in fire protection activities for at least 5 years, and the diagnosis must have occurred no more than 10 years after employment.

If these requirements are met, the employee’s claim would be deemed “high-risk” and qualify for expedited processing.

The medical conditions covered are:

  • Cancers: esophageal, colorectal, prostate, testicular, kidney, bladder, brain, lung, buccal cavity/pharynx, larynx, thyroid, multiple myeloma, nonHodgkin’s lymphoma, leukemia, mesothelioma, or melanoma; or
  • Hypertension, coronary artery disease, chronic obstructive pulmonary disease, pulmonary fibrosis, asthma, or a sudden cardiac event or stroke.

To implement the policy changes, OWCP has created a special claims unit to process federal firefighters’ claims. The unit consists of existing staff specifically trained to handle these issues. The agency is also providing comprehensive training to the unit’s examiners on the impacts of the policy changes, and working with federal agencies including the departments of Agriculture, Defense, Homeland Security and Interior to explain the changes in policy and procedures.

These two major changes in how the OWCP handles illness and injury claims from firefighters appear to be monumental improvements if they pan out as advertised. In recent years the reputation and services provided by the agency for injured or sick firefighters, or the surviving spouses and family members of those killed on the job, has been abysmal. Too often they have been driven to beg for money at GoFundMe just to pay medical bills after being hounded by bill collectors when the federal government did not fulfill their legal obligations.

NFFE and IAFF met with Labor Secretary Marty Walsh
NFFE and IAFF met with Labor Secretary Marty Walsh (wearing the red tie) and Department of Labor officials in Los Angeles, April 20, 2022 to discuss processing of firefighters’ injury claims. NFFE photo.

Some of these changes and improvements are due in part to efforts that have been going on behind the scenes by members of the Grassroots Wildland Firefighters, International Association of Fire Fighters, and the National Federation of Federal Employees. In the last month they have traveled to Washington DC and Los Angeles (at least) to meet with federal officials who can make things happen. For example they have met with Marty Walsh, the Secretary of Labor, twice. These folks deserve your thanks.

One of the causes of the slow response to firefighters’ injury and death claims has been a reduction in the number of OWCP claims examiners due to declining budgets over the last few years. It is critical that the President and both houses of Congress follow up and ensure that the agency is appropriately funded so that they can perform their required duties, assisting employees injured or sickened on the job.

More information from the Department of Labor:

How to file a workers’ compensation claim (From the OWCP):

To file a workers’ compensation claim, you must first register for an Employees’ Compensation Operations and Management Portal (ECOMP) account at www.ecomp.dol.gov. ECOMP is a free web-based application. You do not need approval from your supervisor or anyone else at your agency to initiate your FECA workers’ compensation claim. Once you register for an ECOMP account, you will be able to file either Form CA-1 ‘Notice of Traumatic Injury’ (single event trauma) or Form CA-2 ‘Notice of Occupational Disease’ (repeated exposure).

Thanks and a tip of the hat go out to Ben.

Senators urge the OWCP to use special unit for handling injury claims of firefighters

Numbers Fire Nevada wildfire Carson City Minden
Numbers Fire, Nevada, July 6, 2020. Photo by Tallac Hotshots.

A bipartisan group of U.S. Senators has signed a letter urging the Office of Workers’ Compensation Programs (OWCP) to expedite the handling of death and injury claims of federal firefighters “in advance of the 2022 wildfire season.”

As we wrote on December 14, 2021, the federal agency responsible for supporting firefighters when they are injured on the job too often fails to reimburse them appropriately for medical bills and death benefits. A December 13, 2021 article at BuzzFeed News described numerous examples of firefighters who were seriously injured while working, then confronted with huge medical bills. Some were being hounded multiple times a day from bill collectors demanding money that should have been paid by the OWCP. Firefighters’ credit cards have been maxed out and credit ratings destroyed. Injured firefighters have routinely been reduced to setting up GoFundMe pages and depending on grants from the Wildland Firefighter Foundation.

A spokesperson for the OWCP told BuzzFeed News that the agency was in the process of developing new procedures and modifying existing policies. For example, a “Special Claims Unit,” which usually handles nontraditional requests, will now adjudicate “all new incoming firefighter claims.”

The Special Claims Unit already existed. The agency’s manual states that one of its duties is handling death benefits for members of the Armed Forces who die “in connection with service with an Armed Force in a contingency operation.” All of these claims for a death gratuity “are to be transferred to [the unit] immediately upon receipt for handling and response.”

One of the causes for the slow response to firefighters’ injury and death claims is a reduction in the number of OWCP claims examiners due to a declining budget over the last few years. The letter signed by the Senators does not address their responsibility for appropriating adequate funds to accomplish the mission.

“Federal wildland firefighters have recently reported difficulty getting their medical treatment costs for work-related injuries covered by the government within a reasonable timeframe,” Feinstein wrote in a letter to Christopher Godfrey, director of the Labor Department’s Office of Workers’ Compensation Programs. “This is simply unacceptable – these firefighters put their lives at risk to defend American lives and property, and they deserve our support.”

Feinstein continued, “Your commitment to establish a special claims handling unit is an excellent first step to remedying this situation; we urge you to follow through expeditiously and to focus on handling the claims of both federal wildland firefighters and structural firefighters…Given the urgency of the wildfire situation in the western United States, we request an update as to the status of this special claims handling unit at your earliest convenience.”

In addition to Senator Feinstein, the letter was signed by Senators Alex Padilla (D-Calif.), Ron Wyden (D-Ore.), Jacky Rosen (D-Nev.), Tom Carper (D-Del.) and Susan Collins (R-Maine).

The complete text of the Senators’ letter is below:

February 14, 2022

Mr. Christopher Godfrey
Director, Office of Workers’ Compensation Programs
Department of Labor
200 Constitution Ave. NW
Washington, DC 20210

Dear Director Godfrey:

We urge you to expedite the establishment of a special claims unit to handle firefighter compensation claims so that it can be in place before the start of the 2022 fire season. As you noted in your testimony before the House Committee on Education and Labor on December 2, 2021, federal firefighters who file claims with your office are facing many challenges, and it is our understanding that firefighters are sometimes unable to obtain compensation for their medical treatment, especially those who assert long-term illnesses attributable to their work.

As you know, wildfires in the West are becoming larger, more frequent, and increasingly hazardous. In 2021, the wildland firefighting national preparedness level was raised to its highest level on July 14 – the earliest date in a decade and the second earliest date in history – and required the active deployment of more than 80 percent of the nation’s wildland firefighting crews. We expect this trend to continue, requiring federal firefighters to be engaged for longer periods of time each year combating increasingly dangerous fires. As a result, firefighters will likely sustain more work-related injuries and will increasingly be exposed to conditions that can lead to long-term illness and injury.

Federal wildland firefighters have recently reported difficulty getting their medical treatment costs for work-related injuries covered by the government within a reasonable timeframe. These firefighters, facing bankruptcy, have been forced to seek assistance from the Wildland Firefighter Foundation or private fundraisers to pay their bills while they await reimbursement. We are similarly concerned that claims from firefighters diagnosed with certain cancers or other long-term illnesses associated with firefighting activities are simply refused. They are told that, because they cannot definitively prove the link between the illness and their job exposure, the federal government will not cover their medical expenses. This is simply unacceptable – these firefighters put their lives at risk to defend American lives and property, and they deserve our support.

Your commitment to establish a special claims handling unit is an excellent first step to remedying this situation; we urge you to follow through expeditiously and to focus on handling the claims of both federal wildland firefighters and structural firefighters. This new unit should ensure its examiners are aware of the particular risks facing firefighters and provide clear rationales for rejected claims to ensure that claims processing is efficient, accurate, and transparent. Given the urgency of the wildfire situation in the western United States, we request an update as to the status of this special claims handling unit at your earliest convenience. Thank you for considering our request, and we look forward to working with you to support the important work of our federal firefighters.

Sincerely,

Dianne Feinstein
U.S. Senator

Alex Padilla
U.S. Senator

Susan M. Collins
U.S. Senator

Jacky Rosen
U.S. Senator

Ron Wyden
U.S. Senator

Thomas R. Carper
U.S. Senator