The Office of Workers' Compensation Programs (OWCP) has seen increased investigative activity by Department of Labor (DOL) Office of Inspector General (OIG) and other federal OIG offices in relation to allegations of actual or possible fraudulent behavior by injured workers having an accepted claim under the FECA. Such investigations may involve allegations of misrepresentation of physical disabilities, failure to report earnings or volunteer activities or fraudulent claims for reimbursement of travel expenses.

Upon receipt of data requests related to suspected FECA claimant the District Office will provide the OIG with the requested records. Most of these types of request will concern the completion of the five- page questionnaire known as the CA1032 and submission of reimbursement for travel and/or medical reimbursement. Remember, CA1032 is a signed affidavit concerning any earnings or volunteer activities occurring over an eighteen (18) month period.

The results of these investigations will result in either one of two types of cases: Non-Prosecutorial or Non-Prosecutorial cases.

Non-Prosecutorial Cases

If the investigation establishes inconsistencies or calls into question the validity of the medical evidence, the severity of the employment injury, or the reported work restrictions but the activities do not rise to the prosecutorial level (meaning the case was not accepted for state or federal prosecution), the Investigation of Memoranda and/or Report of Investigation (IM) will be placed in the case file and used for case management actions. Once this IM is placed into the case file it is subject to being released via a Privacy Act request. This is another reason to request a copy of your file every 12 – 18 months.

Prosecutorial Cases

If the investigation results in prosecution, OWCP calculate of loss to the government, provide testimony at trail and technical assistance to OIG. Until the investigation is completed; all documents will be stored separately and not subject to being released under a Privacy Act request. When action by OIG results in a conviction, the OIG will submit a memorandum which includes: the date range(s) in question, the claimant's employment and/or earnings activities, the actual dollar amount earned or the approximate number of hours worked per day/week during the CA-1032 or CA-7 period(s). OWCP will take the appropriate action concerning entitlement to benefits under the FECA Act: reduction/termination of compensation for lost wages.