The Recurrence Trap in Federal Workers Compensation Cases

Often, federal employees who try to return to work after their initial injury claim has been accepted are unable to continue working. They are then advised by their agency or others to file a recurrence form, CA-2a, in order to have their benefits started again. This can be a mistake, as proving a recurrence is difficult.

To prove a recurrence, you must show that you had to stop working due to: 1) a spontaneous change in the medical condition which resulted from a previous injury or occupational illness without an intervening injury or new exposure to the factors causing the original illness; or 2) a withdrawal of the light duty assignment made specifically to accommodate the claimants condition due to the work-related injury.

If the work you return to contributes to the new disability or inability to continue working that is not a recurrence as narrowly defined by the OWCP, even though your medical diagnosis remains the same, your claim for benefits will be denied.

Compounding the problem are medical reports which contradict the claim of a recurrence, by citing a history of the work performed in the interim. Prior to filing a form CA-2a you should carefully consider the circumstances surrounding your renewed inability to work and the medical reports that may be submitted to substantiate your claim for recurrence.

Initial Free Case Evaluation with A Workers' Compensation Lawyer

If you have a question as to whether your circumstances qualify as a recurrence, prior to filing the CA-2a, you should consult with an experienced professional in the field of Federal Workers Compensation. MCV law regularly represents individuals in their claims for Federal Workers Compensation benefits.

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