New DOL Procedures for COVID-19 Claims

The American Rescue Plan Act of 2021 (ARPA) expired yesterday,  January 27, 2023. The ARPA included certain presumptions for federal workers who were exposed to COVID in the course of their duties. Law enforcement officers, first responders, and government employees in general who tested positive for COVID were presumed to have contracted their illness while at work. In line with these presumptions, the Department of Labor (DOL) required that form CA-1, Notice of Traumatic Injury, be used for COVID claims, and up to 45 days of Continuation of Pay (COP) was authorized in conjunction with the filing.

The DOL has published FECA Bulletin 23-02, and it affects workers who test positive for COVID after Jan. 27, 2023. In most instances, workers’ compensation claims for COVID should now be filed on form CA-2 Notice of Occupational Disease (unless the injured worker is capable of positively identifying their exposure to a single event or a single work shift).  With an occupational disease claim, there is no entitlement to COP, and any claim for wage loss benefits will require submission of DOL form CA-7.  Further, any claims for COVID benefits based on testing after Jan. 27, 2023 received on a CA-1 will be administratively converted to a CA-2 by the DOL, and COP will automatically be denied. Workers will receive written notice of the administrative change.



More information can be found in the DOL FECA Bulletin 23-02