Over the past several months, the VA has consistently interfered with their employees’ ability to file Workers’ Compensation claims for reasons related to COVID-19. The VA does not actually have the right to approve claims, deny claims, or add filing requirements. Only the Department of Labor Office of Workers’ Compensation (OWCP) is empowered under law to manage Workers’ Compensation claims. The VA should act as no more than a middleman.
Nonetheless, the VA has failed to properly inform employees across the country of their rights to file a workers’ compensation claim form CA-1. Instead, the VA has instructed employees to file for Weather and Safety Leave in lieu of filing with the OWCP.
These Weather and Safety Leave requests are eventually denied once the timeframe for filing a CA-1 has expired. This leaves affected employees with no recourse. It is unfortunate that the VA has resulted to such a cynical tactic in its treatment of those who contract COVID-19 while serving this country’s veterans.
For all the above reasons, NVAC filed a National Grievance earlier today against the VA for violating the 2011 Master Agreement, the American Rescue Plan Act, and OWCP regulations.
The NVAC Legal Team will continue to take all steps necessary to ensure that VA meets its obligations under the MCBA, the American Rescue Plan Act, and OWCP regulations.
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