2022-20186. Agency Information Collection Activities; Comment Request; Claim for Schedule Award (CA-9)

AGENCY:

Office of Workers' Compensation Programs, Labor.

ACTION:

Notice.

SUMMARY:

The Department of Labor (DOL) is soliciting comments concerning a proposed collection: “Claim for Schedule Award (CA-9).” This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).

DATES:

Consideration will be given to all written comments received by November 18, 2022.

ADDRESSES:

A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free by contacting Anjanette Suggs by telephone at 202-354-9660 or by email at [e-mail].

Submit written comments about, or requests for a copy of, this ICR by mail or courier to the U.S. Department of Labor, Office of Workers' Compensation Programs, Room S3323, 200 Constitution Avenue NW, Washington, DC 20210; by email: [e-mail].

FOR FURTHER INFORMATION CONTACT:

Contact Anjanette Suggs by telephone at 202-354-9660 or by email at [e-mail].

SUPPLEMENTARY INFORMATION:

The DOL, as part of continuing efforts to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies an opportunity to comment on proposed and/or continuing collections of information before submitting them to the OMB for final approval. This program helps to ensure 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 can be properly assessed.

Background: The Office of Workers' Compensation Programs (OWCP) administers the Federal Employees' Compensation Act (FECA). The Office of Workers' Compensation Programs (OWCP) administers the Federal Employees' Compensation Act (FECA) under statutes 5 U.S.C. 8101 et seq. Congress gave the Secretary of Labor authority to prescribe rules and regulations necessary for the administration and enforcement of the FECA. 5 U.S.C. 8149. The FECA requires the United States to provide compensation to individuals who sustain an injury while in the course of federal employment. 5 U.S.C. 8102. Part of the compensation Congress provided for federal employees is for scheduled impairments. 5 U.S.C. 8107. The Secretary is proposing a new schedule award filing process (with the implementation of a new form, CA-9, Claim for Schedule Impairment) to more efficiently collect the information necessary to support a claim for a scheduled impairment when an injured employee has sustained permanent impairment to a member or function of the body pursuant to the FECA under Section 8107.

Information collected on Form CA-9 provides OWCP with the statutory requirements for permanent impairment claims and must be used to claim compensation for impairment to a body part covered under the schedule established by 5 U.S.C. 8107. In the vast majority of cases whereby permanent impairment is claimed, a claimant continues to be employed by the federal government. In those cases, the Form CA-9 is completed by a federal employee and their supervisor, therefore not affecting the public, as contemplated under the PRA. See5 CFR 1320.3(c)(3). The Form CA-9 is required of a member of the public on rare occasions, such as when compensation is claimed after the claimant's federal employment has been terminated. It is estimated that no more than 775 of these forms are required of members of the public through the course of a year. Therefore, this request for clearance by OMB only pertains to a small percentage of the overall use of this particular form.

This information collection is subject to the PRA. A federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB under the PRA approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See5 CFR 1320.5(a) and 1320.6.

Interested parties are encouraged to provide comments to the contact shown in the ADDRESSES section. Written comments will receive consideration and be summarized and included in the request for OMB approval of the final ICR. In order to help ensure appropriate consideration, comments should mention OMB Number 1240-0NEW. Submitted comments will also be a matter of public record for this ICR and posted on the internet, without redaction. The DOL encourages commenters not to include personally identifiable information, confidential business data, or other sensitive statements/information in any comments.

The DOL is particularly interested in comments that:

• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
• Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
• Enhance the quality, utility, and clarity of the information to be collected; and

• Minimize the burden of the collection of information 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.

Agency: DOL-Office of Workers' Compensation Programs.

Type of Review: New information collection.

Title of Collection: Claim for Schedule Award.

Form: CA-9.

OMB Control Number: 1240-0NEW.

Affected Public: Individuals or households.

Estimated Number of Respondents: 775.

Frequency: On occasion.

Total Estimated Annual Responses: 775.

Estimated Average Time per Response: 0.5 hours.

Estimated Total Annual Burden Hours: 388 hours.

Total Estimated Annual Other Cost Burden: 0.00.

Authority:44 U.S.C. 3506(c)(2)(A).

Anjanette Suggs,

Agency Clearance Officer.