[Federal Register Volume 89, Number 119 (Thursday, June 20, 2024)]
[Notices]
[Pages 51905-51906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13437]


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DEPARTMENT OF LABOR

Office of the Worker's Compensation Programs


Proposed New Information Collection; Form CA-21, Attending 
Physician's Certification of Continuing Workers' Compensation 
Disability (OMB Control No. 1240-0NEW)

AGENCY: Office of Workers' Compensation, Division of Federal Employees' 
Longshore and Harbor Workers' Compensation, (OWCP/DFELHWC), Labor.

ACTION: Request for public comments.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a pre-clearance 
request for comment to provide the general public and Federal agencies 
with an opportunity to comment on proposed collections of information 
in accordance with the Paperwork Reduction Act of 1995. This request 
helps to ensure that: requested data can be provided in the desired 
format; reporting burden (time and financial resources) is minimized; 
collection instruments are clearly understood; and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, OWCP/DFELHWC is soliciting comments on the new information 
collection for Attending Physician's Certification of Continuing 
Workers' Compensation Disability, CA-21.

DATES: All comments must be received on or before August 19, 2024.

ADDRESSES: You may submit comment as follows. Please note that late, 
untimely filed comments will not be considered.
    Electronic Submissions: Submit electronic comments in the following 
way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments for WCPO-2024-0012. 
Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket, with no changes. 
Because your comment will be made public, you are responsible for 
ensuring that your comment does not include any confidential 
information that you or a third party may not wish to be posted, such 
as your or anyone else's Social Security number or confidential 
business information.
     If your comment includes confidential information that you 
do not wish to be made available to the public, submit the comment as a 
written/paper submission.
    Written/Paper Submissions: Submit written/paper submissions in the 
following way:
     Mail/Hand Delivery: Mail or visit U.S. DOL-Office of 
Workers' Compensation Programs, OWCP, Room S3323, 200 Constitution 
Avenue NW, Washington, DC 20210;
     OWCP will post your comment as well as any attachments, 
except for information submitted and marked as confidential, in the 
docket at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Anjanette Suggs, Office of Workers' 
Compensation Programs, OWCP, at [email protected] (email); (202) 
354-9660 (voice).

SUPPLEMENTARY INFORMATION:

I. Background

    The Office of Worker's Compensation Programs (OWCP) administers the 
Federal Employees' Compensation Act (FECA), which provides for medical 
and compensation benefits for work related injuries or disease from 
federal employment. 5 U.S.C. 8149, Congress gives the Secretary of 
Labor authority to prescribe the rules and regulations necessary for 
the administration and enforcement of the FECA.
    The relevant statutory provision 5 U.S.C. 8103, Medical services 
and initial medical and other benefits, which reads as follows:
    (a) The United States shall furnish to an employee who is injured 
while in the performance of duty, the services, appliances, and 
supplies prescribed or recommended by a qualified physician, which the 
Secretary of Labor considers

[[Page 51906]]

likely to cure, give relief, reduce the degree or the period of 
disability, or aid in lessening the amount of the monthly compensation. 
These services, appliances, and supplies shall be furnished--
    (1) whether or not disability has arisen;
    (2) notwithstanding that the employee has accepted or is entitled 
to receive benefits under subchapter III of chapter 83 of this title or 
another retirement system for employees of the Government; and
    (3) by or on the order of United States medical officers and 
hospitals, or, at the employee's option, by or on the order of 
physicians and hospitals designated or approved by the Secretary. The 
employee may initially select a physician to provide medical services, 
appliances, and supplies, in accordance with such regulations and 
instructions as the Secretary considers necessary, and may be furnished 
necessary and reasonable transportation and expenses incident to the 
securing of such services, appliances, and supplies. These expenses, 
when authorized or approved by the Secretary, shall be paid from the 
Employees' Compensation Fund.
    (b) The Secretary, under such limitations or conditions as he 
considers necessary, may authorize the employing agencies to provide 
for the initial furnishing of medical and other benefits under this 
section. The Secretary may certify vouchers for these expenses out of 
the Employees' Compensation Fund when the immediate superior of the 
employee certifies that the expense was incurred in respect to an 
injury which was accepted by the employing agency as probably 
compensable under this subchapter. The Secretary shall prescribe the 
form and content of the certificate.
    In accordance with 20 CFR 10.330, OWCP requires each employee who 
is receiving benefits to provide a medical report from their attending 
physician. Per 20 CFR 10.332, OWCP will request the attending physician 
to provide a report at periodic intervals in all cases requiring 
hospital treatment or prolonged care. The attending physician will be 
asked to describe the continuing need for medical treatment for the 
accepted condition, prognosis, description of work tolerance 
limitations, and the physician's opinion on causal relationship between 
the diagnosed condition and the employee's work factors.
    Further, 20 CFR 10.501 states:
    (a) The employee is responsible for providing sufficient medical 
evidence to justify payment of any compensation sought.
    (1) To support payment of continuing compensation where an employee 
has been found entitled to periodic benefits, narrative medical 
evidence must be submitted whenever OWCP requests it but ordinarily not 
less than once a year and with any filing of a form CA-1032. It must 
contain a physician's rationalized opinion as to whether the specific 
period of alleged disability is causally related to the employee's 
accepted injury or illness.
    (2) For those employees with more serious conditions not likely to 
improve and for employees over the age of 65, OWCP may require less 
frequent documentation, but ordinarily not less than once every three 
years.

References: 5 U.S.C. 8149, 5 U.S.C. 8103, 20 CFR 10.330, 20 CFR 10.332, 
and 20 CFR. 10.501.
See: https://www.dol.gov/owcp/dfec/regs/statutes/feca.htm#)
See: eCFR: 20 CFR part 10--Claims for Compensation Under the Federal 
Employees' Compensation Act, as Amended

II. Desired Focus of Comments

    OWCP is soliciting comments concerning the proposed information 
collection related to the Attending Physician's Certification of 
Continuing Workers' Compensation Disability. OWCP is particularly 
interested in comments that:
     Evaluate whether the collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information has practical utility;
     Evaluate the accuracy of OWCP's estimate of the burden 
related to the information collection, including the validity of the 
methodology and assumptions used in the estimate;
     Suggest methods to enhance the quality, utility, and 
clarity of the information to be collected; and
     Minimize the burden of the information collection on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Background documents related to this information collection request 
are available at https://regulations.gov and at DOL-OWCP located at 
U.S. Department of Labor, Office of Workers' Compensation Programs, 
Room S3323, 200 Constitution Avenue NW, Washington, DC 20210. Questions 
about the information collection requirements may be directed to the 
person listed in the FOR FURTHER INFORMATION section of this notice.

III. Current Actions

    This information collection request concerns Attending Physician's 
Certification of Continuing Workers' Compensation Disability, CA-21.
    Type of Review: New collection.
    Agency: DOL--Office of Workers' Compensation Programs.
    OMB Number: 1240-0NEW.
    Affected Public: Private Sector--Businesses or other for-profits.
    Number of Respondents: 33,372.
    Frequency: On Occasion.
    Number of Responses: 33,372.
    Annual Burden Hours: 2,670 hours.
    Annual Respondent or Recordkeeper Cost: $25,029.00.
    OWCP Forms: OWCP Form CA-21, Attending Physician's Certification of 
Continuing Workers' Compensation Disability.
    Comments submitted in response to this notice will be summarized in 
the request for Office of Management and Budget approval of the 
proposed information collection request; they will become a matter of 
public record and will be available at https://www.reginfo.gov.

Anjanette Suggs,
Certifying Officer.
[FR Doc. 2024-13437 Filed 6-18-24; 8:45 am]
BILLING CODE 4510-CH-P