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The Federal Employee's Compensation Act (5 U.S.C. 8101 et seq.) provides compensation and medical care for all civil officers and employees of all branches of the Federal Government for disability due to personal injuries sustained while in the performance of duty. The term "injury" includes, in addition to injury by accident, a disease proximately caused by the employment. The law also provides for the payment of funeral and burial expenses and compensation for the dependents if the injury or disease causes the employee's death.

A Federal employee who is injured while in the performance of duty has no right to recover damages from the United States for the effects of the injury, except through the Federal Employee's Compensation Act. The benefits provided by the Act constitute the exclusive remedy for work-related injuries or deaths.

An "employee" is defined under the Act as including "an individual rendering personal services to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual." Cooperative Weather Observer arrangements must be formalized by a Cooperative Agreement with Observer," WS Form B-30, or Agreement for Observer Reports," NOAA Form 36-14, signed at the time of appointment.

OML 7-81 Page 2 Individual cooperative weather observers in the National Weather Service (NWS) Contract/Substation Program may be considered by the National Weather Service as having employee coverage under the Federal Employees' Compensation Act while engaged in observation work regardless of whether they are paid. However, the final determination as to their eligibility and extent of coverage under the Act rests with the Office of Workers' Compensation Programs (OWCP), Employment Standards Administration, U.S. Department of Labor. The compensation program is administrated by OWCP district offices located throughout the United States.

Questions about compensation under the Federal Employees' Compensation Act should be directed to National Weather Service's regional personnel offices. Potential observer claims should be reported immediately to the appropriate NWS personnel officer for forwarding to OWCP. A claim may be in the form of a specific letter of particulars from the observer to the supervising office (MIC/HIC/OIC) and/or SNS, accompanied by Forms CA-1 and CA-4 signed by the observer (and the MIC/HIC/OIC/SNS) and CA-20 signed by the attending physician. Pertinent invoices, billings, receipts, and other such supporting documents should be attached. These documents should be submitted to the regional headquarters' Personnel Division with the appropriate supervising office's transmittal for action.

Because contract/substation observers may not be familiar with preparation of the required administration forms, the substation network specialist (SNS) or the Regional DATAC Division will be expected to provide considerable assistance to the observer, including the assumption of initiative and follow up. In the context of an employee supervisor relationship, however, the supervising office (MIC/HIC/OIC) is considered the "supervisor" of the cooperative observer.

The above instructions will be incorporated in future changes to WSOM chapters B-15 and B-17; at that time this OML will be cancelled.