FECA and FTCA For You!

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FECA and FTCAFor You!

• 2010

Capt Brian Fischenich, USAF Legal Advisor to
CAP-USAF and Col Rafael A Robles, CAP General
Counsel
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Disclaimer

• The information in this presentation has been
  prepared by Civil Air Patrol-United States Air
  Force Legal Advisor office for informational
  purposes only and is not legal advice or counsel.
  The views and interpretations are of the author
  only they DO NOT represent the views, and/or the
  interpretations of the Air Force, the Department
  of Labor, and/or any other federal entity. The
  information is not provided in the course of an
  attorney-client relationship and is not intended
  to constitute legal advice or to substitute for
  obtaining legal advice from a licensed attorney.
  The information contained herein may or may not
  reflect the most current legal developments, and
  every case is fact dependent. No one should act
  upon any information in this document without
  seeking independent professional legal counsel.
  Lastly, the Department of Labor web-page
  (www.dol.gov) is a good source of additional
  information in this area.

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Overview

• -The Federal Employees Compensation Act (FECA)
• -Conditions of Coverage
• -Entitlements--
• -Related Benefits

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Overview (cont.)

• -The Federal Tort Claims Act (FTCA)
• -History
• - An example / Coverage for Air Force Assigned
  Missions
• -When denied
• -Rumors

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The Federal Employees Compensation Act

• What is the
• Federal Employees Compensation Act?

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Conditions of Coverage

• -CAP Member 18 years of age
• -Performance of Duty to the United States
• -Includes Travel to and From an AFAM
• -Errands / Lunch
• -Multiple Trips back and forth to an AFAM
• -Documentation of CAP membership and
  Performance of Duty
• -Notice to Air Force of injury, or death,
  required within 30 days of occurrence, and claim
  filed within 3 years
• -Causation

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Conditions of Coverage

• CAP Member 18 years of age or older

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Conditions of Coverage

• -Performance of Duty to the United States
• -Includes travel to and from an AFAM

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Conditions of Coverage

• -Performance of Duty to the United States
• -Errand (e.g. gas) / Lunch

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Conditions of Coverage

• -Performance of Duty to the United States
• -Multiple trips back and forth to an AFAM

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Conditions of Coverage, something to consider

• -Important Documentation
• -CAP Membership and
• -In Performance of Duty to the United states

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Conditions of Coverage

• -Notice to Air Force of injury, or death,
  required within 30 days of occurrence
• -Claim for compensation must be filed within 3
  years of injury or death must be filed

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Note

• -CAP Members get more coverage than a regular
  Federal Employee

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Conditions of Coverage

• Causation
• -causal relationship between the injury/death
  and the AFAM activity

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So all of this would be for nothing if

• the injury or death of the CAP volunteer is
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• (a) Caused by his or her willful misconduct
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• (b) Caused by the volunteer's intention to bring
  about his or her death suicide or that of
  another or
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• (c) If intoxication (by alcohol or drugs) is
  the proximate cause of the injury or death

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• -The pay rate for compensation purposes is
  deemed to be the rate of basic pay for a GS-9,
  step 1. 

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• Entitlements for death of a CAP Member performing
  an AFAM-GENERALLY SPEAKING
• -Widow/Widower 50
• -Widow/Widower 45, and Children plus 15 for
  each child, up to a total of 75 maximum
• -Child 40
• -More than 1 child, then add15 for each
  additional child, up to a total maximum of 75

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Related Benefit

• -Public Safety Officers Death Benefits
  Payment of death benefits-Amount recipients. In
  any case in which the Bureau of Justice
  Assistance (hereinafter in this part referred to
  as the "Bureau") determines, under regulations
  issued pursuant to this part that a public safety
  officer has died as the direct and proximate
  result of a personal injury sustained in the line
  of duty, the Bureau shall pay a benefit of
• 250,000 to 42 USC 3796 (a).

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Related Benefit

• -Funeral expenses transportation of body
• -If death results from an injury sustained in
  the performance of duty, the United States shall
  pay, to the personal representative of the
  deceased or otherwise, funeral and burial
  expenses not to exceed 800, in the discretion of
  the Secretary of Labor 5 USC 8134 (a).

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FECA is a Sole Remedy

• -FECA benefits are the sole remedy for CAP
  volunteers against the United States for
  work-related injury or death while in active
  service (conducting an AFAM). A CAP volunteer or
  his or her dependents cannot sue the United
  States for work-related injury or death under any
  other statute.

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What about CAP Members under 18?

• Again there is no FECA Coverage for CAP
  members under 18.however
• -The CAP has a self-insured program
• -Medical Expenses - 8,000, less a 50
  deductible per claim
• -Accidental Death - 10,000

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Federal Tort Claims Act (FTCA)

• -Federal Tort Claims Act (FTCA)
• -History
• - An example / Coverage for Air Force Assigned
  Missions
• -When denied

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FTCA

• History

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FTCA

• An Example
• Coverage for Air Force Assigned Missions

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FTCA

• When denied

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Rumor 1

• -Rumor has it
• -If a CAP member is not wearing a CAP Uniform
  he/she is NOT entitled to FECA or FTCA benefits
• Not true! The key to FECA / FTCA Coverage is Air
  Force Assigned Mission Status

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Rumor 2

• -Rumor has it
• -The FTCA provides protection / liability
  insurance for CAP Members personal property
• -Not true! 32 Code of Federal Regulations (CFR)
  section 842.143 says
• Claims not payable. A claim is not payable if
  it (a) Is for use or depreciation of privately
  owned property, operated by CAP or its members on
  an Air Force noncombat mission, or other
  specified Air Force authorized mission.

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Rumor 3

• -Rumor has it
• -Because the Code of Federal Regulations does
  NOT provide CAP members insurance coverage for
  their personal planes this is truewe just
  looked at 32 CFR section 842.143, insurance
  companies will NOT insure CAP Members personal
  planes IF and/or WHILE when performing Air Force
  Assigned missions
• Not true! The major insurance companies for
  personal aircraft were contacted by the
  CAP-USAF/CC in 2008 and they do provide insurance
  coverage to CAP Members who use their planes on
  Air Force Assigned missions.

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In Summary

• -The Federal Employees Compensation Act (FECA)
• -Conditions of Coverage
• -Entitlements--
• -Related Benefits
• -The Federal Tort Claims Act (FTCA)
• -History
• - An example / Coverage for Air Force Assigned
  Missions
• -When denied
• -Rumors

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Questions?