Magnifying Glass
aircraft 63032 640
Back to Workers' Compensation Daily Headlines

FECA Precludes Air Force Employee’s Claims

23 Apr, 2023 Frank Ferreri

aircraft 63032 640
                               

Oklahoma City, OK (WorkersCompensation.com) -- Those who follow state workers' compensation law are familiar with the exclusive remedy provisions in many states that prevent workers injured on the job for bringing lawsuits against their employers while also collecting workers' compensation benefits.

As a federal employee discovered in Smith v. U.S. Dep't of Labor, No. CIV-22-1060-F (W.D. Okla. 04/13/23), there are also constraints under the Federal Employees' Compensation Act limiting personal injury claims for workers who collect benefits under federal law.

An Air Force worker was injured in a fall. He was given total temporary disability and could not return to work. After some delay, he started receiving workers' compensation.

Nonetheless, the worker, whose employment was at Tinker Air Force Base, brought a personal injury action against the U.S. Department of Labor in federal court.

When a federal employee's personal injuries are covered by the FECA, the remedy provided by the statute is exclusive, and the Labor Department has exclusive authority to determine whether a claim is covered.

In the Tinker worker's case, the court found that he was challenging the department's determinations regarding his workers' compensation claims. As a result, the court didn't have jurisdiction to consider the merits of his case and dismissed it.

Keep up with the courts. Work your way over to SimplyResearch

  • AI california case management case management focus claims compensability compliance courts covid do you know the rule emotions exclusive remedy florida FMLA glossary check Healthcare health care hr homeroom insurance insurers iowa leadership medical NCCI new jersey new york ohio osha pennsylvania roadmap Safety state info technology texas violence WDYT west virginia what do you think women's history women's history month workcompcollege workers' comp 101 workers' recovery Workplace Safety Workplace Violence

    • Read Also

    Employees Injured in Industrial Accidents

    Croswell, MI (WorkersCompensation.com) – An employee lost her arm in a Michigan sugar plant recently, one of several worker injuries at work sites over the past few weeks. Officials said a 43-year-old female employee at […]
    The Future of Women in the Workplace 

    The Issue: Shaping the Next Chapter for Women at Work  Women have made undeniable strides in the workplace, breaking barriers in leadership, advocating for pay equity, and redefining industries. Yet, the journey is far from […]
    Lucia Galindo: A Symphony of Strength, Stillness, and Soulful Service 

    In the sacred space where service meets spirit, you will find Lucia Galindo—grace in motion, a soul-centered leader, and a luminous presence in every room she enters. Her impact in the workers' compensation space is […]

    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

    More by This Author

    N.Y. Top Court doesn’t Need Signature to Apply ‘Written Agreement’ Exception

    25 for 25 in '25 We take it back to '05 and a New York case that teaches us that a written agreement may still be enforceable in the eyes of a workers' compensation exception […]
    Watching ‘Fight or Flight,’ Acting out Shooting Builds TSA Worker’s Traumatic Injury Case

    Federal Focus A Transportation Security Administration worker had to watch a training video on shootings and participate in an active shooter role play scenario, which triggered his PTSD and supported his workers' compensation argument. Simply […]
    Dr. Claire C. Muselman: Leader, Teammate, Encourager with Intellect & Grace

    If you've read any of our Women's History Month profiles this year or last, please do me a favor: Stop what you're doing and send a note of appreciation to Dr. Claire C. Muselman. Her […]

    Read More

    Employees Injured in Industrial Accidents

    Croswell, MI (WorkersCompensation.com) – An employee lost her arm in a Michigan sugar plant recently, one of several worker injuries at work sites over the past few weeks. Officials said a 43-year-old female employee at […]
    The Future of Women in the Workplace 

    The Issue: Shaping the Next Chapter for Women at Work  Women have made undeniable strides in the workplace, breaking barriers in leadership, advocating for pay equity, and redefining industries. Yet, the journey is far from […]
    Lucia Galindo: A Symphony of Strength, Stillness, and Soulful Service 

    In the sacred space where service meets spirit, you will find Lucia Galindo—grace in motion, a soul-centered leader, and a luminous presence in every room she enters. Her impact in the workers' compensation space is […]
    N.Y. Top Court doesn’t Need Signature to Apply ‘Written Agreement’ Exception

    25 for 25 in '25 We take it back to '05 and a New York case that teaches us that a written agreement may still be enforceable in the eyes of a workers' compensation exception […]
    Driver Death Has Horse Racing Associations Battling Over How to Make Sport Safer 

    Hunter Myers, 27, passed away from injuries sustained during a race March 19 at Hollywood Casino at the Meadows in Washington, Pa., according to the U.S. Trotting Association.  His death has sparked renewed calls for […]
    Construction Industry Advocates Say Accidents Being Faked in NYC

    New York City, NY (WorkersCompensation.com) - Construction industry advocates in New York City are alleging that construction workers are faking their job site injuries in an effort to get a big insurance settlement. As one […]