FECA Bulletins (2025)

Division of Federal Employees' Compensation (DFEC)

FECA Bulletins have been divided into five-year groups to make it easier for you to search and find the information you are looking for.

Table of Contents

2025

Fiscal Year 2025
Bulletin	Subject
FECA Bulletin No. 25-01	Designation of High-Risk Cancers for Federal Firefighters
FECA Bulletin No. 25-02	Amended Special Case Handling in Certain Firefighter FECA Claims Processing and Adjudication

FECA BULLETIN NO. 25-01

Issue Date: January 10, 2025

Subject: Designation of High-Risk Cancers for Federal Firefighters

Background: The Federal Employees' Compensation Act (FECA) covers injury in the performance of duty; injury includes a disease proximately caused by federal employment. The U.S. Department of Labor's (DOL) Office of Workers' Compensation Programs (OWCP) Division of Federal Employees' Compensation (DFEC) administers FECA. FECA provides to an employee injured while in the performance of duty the services, appliances, and supplies prescribed or recommended by a qualified physician, which OWCP considers "likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation." See 5 U.S.C. 8103. The FECA pays compensation for disability or death of an employee resulting from injury in the performance of duty.

Chapter 2-0805-6 of the FECA Procedure Manual provides for special case handling for those employees who are engaged in employment that places them at a high risk for exposure to infectious diseases. Conditions such as HIV infection and hepatitis B more commonly represent a work hazard in health care facilities, correctional institutions, and drug treatment centers, among others, than in Federal workplaces as a whole. The same principle that applies for high-risk employment regarding exposure to infectious diseases, also applies to those positions that routinely expose employees to substances that increase the risk of occupational diseases such as cancers, heart disease and lung disease. While all federal employees who contract an occupational disease related to their federal employment are entitled to FECA coverage, special case handling considerations should apply to those employees engaged in high-risk employment.

As the result of the specific exposures that routinely occur in the course of their employment, Federal firefighters are at increased risk of certain types of cancers. Accordingly, firefighters may be considered to be in high-risk employment triggering the application of Chapter 2-0805-6 of the FECA Procedure Manual when filing claims for certain medical conditions. In such cases, there is an implicit recognition of a higher likelihood of illness related to such federal employment.

DFEC continues to partner with Dr. Steven Moffatt, a nationally recognized medical expert on illnesses affecting firefighters. Dr. Moffatt is a member of the National Institute for Occupational Safety and Health (NIOSH) Board of Scientific Counselors National Firefighter Registry Subcommittee. Based on recent consultation and his report dated December 19, 2024, Dr. Moffatt indicated that firefighters are at increased risk of the following cancers not previously covered by separate legislation:

Breast Cancer
Cervical Cancer
Uterine Cancer
Ovarian Cancer
Basal Cell Carcinoma

DFEC will consider firefighters diagnosed with these cancers to be “high risk” and qualifying for an expedited handling process¹.

Purpose: To provide targeted instructions to claims staff on the handling of certain occupational disease claims filed by Federal firefighters.

Action: Firefighter FECA claims will be fully developed to establish the five basic elements set forth in 20 CFR 10.115, in accordance with the special handling procedures addressed in items 1-5 below.

The claim was filed within the time limits set by the FECA;
The injured individual was an employee within the meaning of the FECA;
The employee provided factual evidence confirming that the exposure occurred and provided the medical evidence to support the diagnosis;
The employee was in the performance of duty when the exposure occurred; and
The diagnosis was found by a physician to be aggravated, accelerated, precipitated, or directly caused by work-related activities/exposure.

1. Claim Intake

a. A special indicator of FIR has been implemented within the Employees Compensation and Management Portal (ECOMP) for Federal Firefighters who file claims under the FECA.

b. Federal Firefighter claims will be processed by the Special Claims Unit to help ensure consistency in adjudication. See FECA PM 1-0200. After adjudication, these cases may be reassigned to a non-specialized claims examiner.

2. Medical Review

a. Assuming the medical evidence does not establish the diagnosis of a condition covered by FECA Bulletin 24-05, the claims examiner should review the evidence submitted to determine if any of the following qualifying medical conditions are diagnosed by a valid physician:

Breast Cancer
Uterine Cancer
Ovarian Cancer
Cervical Cancer
Basal Cell Carcinoma²

b. If no medical documentation present reflects a diagnosis by a valid physician of one or more of the specified conditions, such documentation should be requested by the claims examiner. The date of initial diagnosis of each qualifying condition should also be requested.

c. If, after appropriate development, no medical evidence has been submitted from a valid physician establishing the diagnosis of any medical condition, the claim should be denied on that basis.

d. If, after appropriate development, medical evidence from a valid physician establishes a diagnosis not listed in subpart (a) above, the claims examiner should proceed with adjudication in accordance with established FECA case processing procedures. The claim will not be eligible for streamlined adjudication.

e. If, after any necessary development, a diagnosis in subpart (a) from a valid physician is present, the claims examiner should proceed with the analysis addressed in item (4) below.

3. Factual Review

a. Concurrently with the medical review, the claims examiner should review the factual evidence received and determine the nature and extent of the claimant’s employment history as it relates to performing fire protection activities. Employees engaged in fire protection activities are firefighters, paramedics, emergency medical technicians, rescue workers, ambulance personnel, or hazardous material workers, who (1) are trained in fire suppression; (2) have the legal authority and responsibility to engage in fire suppression; (3) are engaged in the prevention, control, or extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) perform such activities as primary responsibilities of their jobs.

b. The claims examiner should also ascertain the number of years of Federal and non-Federal employment in which the employee was actively engaged in fire protection activities. Engaging in fire protection activities for at least five months or 870 hours in a calendar year should count towards one year of employment in fire protection activities.

c. If the factual evidence necessary for subparts (a) and (b) is not present with the submission of the claim, development should be undertaken and requested from both the employee and the employing agency. The agency should confirm the number of months and/or hours the employee worked in fire protection activities during each calendar year of employment. A position description should also be requested.

4. Adjudication/Disposition:

a. The claims examiner should review and document the following information based on the evidence submitted with the claim and following any appropriate development:

Years of Federal and non-Federal employment engaged in fire protection activities.
Medical Diagnoses
Latency Period, defined as the number of years between the employee’s last date of engagement in Federal fire protection activities and the date of initial diagnoses of any qualifying medical conditions list in item 2(a) above.

b. In order for the qualifying medical condition(s) to be deemed proximately caused by employment and thereby streamline processing of the claim, the claim must meet all three of the following conditions:

1. The employee must have at least five years of combined Federal and non-Federal employment in which they were engaged in fire protection activities, as defined in section 3(a) above. The five-year period does not need to be consecutive; any employment that meets the definition can be included in the claims examiner’s assessment. Additionally, engaging in fire protection activities for at least five months or 870 hours in a calendar year should count towards one full year of employment in fire protection activities.

While Federal employment and non-Federal employment can be combined to reach five years, there must be some Federal employment in fire protection activities in order to qualify for special handling. For example, if an employee worked as a firefighter outside of the Federal government for three years and then took a Federal job as a law enforcement officer for two years, the five-year requirement would not be met. However, if the firefighter took a job in non-federal fire protection activities, as defined in section 3(a) above, for two years the five-year requirement would be met.

2. The employee must have been diagnosed, by a physician, with a qualifying medical condition noted in item 2(a) above.

3. The above diagnosis must have occurred within ten years of the date of the last active date of employment in Federal fire protection activities.

c. If the case does not meet all three of the criteria in 4(b), it does not mean it should automatically be denied. Instead, the claims examiner should develop the claim in accordance with established FECA case processing procedures and ensure that a SOAF or development letter is created documenting the combined duration of employment in position performing fire suppression activities.

d. If the case meets all three of the criteria in 4(b), the claims examiner should refer the case to a District Medical Advisor (DMA) for review and verification that the employee's Firefighter employment was capable of producing the diagnosed condition(s). The DMA should be presented with the correct factual framework for the medical opinion requested. A SOAF should be used for conveying this information and should include a detailed description of the employee's fire prevention activities.

1. If the DMA responds in the affirmative, the claim should be accepted.

2. If the DMA responds in the negative or requests additional information, further development should be undertaken in consultation with the OWCP Medical Director as appropriate.

5. Death Benefits. Claims for Federal Firefighter death benefits are to be adjudicated in a manner similar to Federal Firefighter disability claims.

a. The claimant has the burden of establishing the essential elements of the claim, which includes the existence of a causal relationship between an employee’s death and a qualifying medical condition in item 2(a) above. When a qualifying medical condition has been established in accordance with item 2(a), the claimant must then establish that the qualifying medical condition hastened or caused the death of the employee.

b. The qualifying medical condition as listed in action item 2(a) above need not be the sole cause of death, and as such the fact that the employee may have had other non-work related conditions does not preclude a survivor’s entitlement to benefits.

Disposition: This Bulletin is to be retained until it has been incorporated into the DFEC Procedure Manual.

Jennifer Valdivieso
Director for
Federal Employees’ Compensation

Enclosure: Report from Steven Moffatt, MD dated December 19, 2024

Distribution: All DFEC Staff

¹ These conditions and processes are separate and distinct from those established under the James M. Inhofe National Defense Authorization Act of 2023 (NDAA), Pub. L. No. 117-263 and memorialized most recently in FECA Bulletin 24-05.

² Pursuant to section 8143b(b)(3), OWCP may consider adding these cancers to the list of conditions established by Congress in the 2023 NDAA as they are now supported by the best available scientific evidence. These additions must however be made through the rule-making process which OWCP plans to pursue in the immediate future.

FECA BULLETIN NO. 25-02

Issue Date: January 10, 2025

Subject: Amended Special Case Handling in Certain Firefighter FECA Claims Processing and Adjudication

Background: The Federal Employees' Compensation Act (FECA) covers injury in the performance of duty; injury includes a disease proximately caused by federal employment. The U.S. Department of Labor's (DOL) Office of Workers' Compensation Programs (OWCP) Division of Federal Employees' Compensation (DFEC) administers FECA. FECA provides to an employee injured while in the performance of duty the services, appliances, and supplies prescribed or recommended by a qualified physician, which OWCP considers "likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation." See 5 U.S.C. § 8103. The FECA pays compensation for disability or death of an employee resulting from injury in the performance of duty.

On December 23, 2022, the James M. Inhofe National Defense Authorization Act of 2023 (NDAA), Pub. L. No. 117-263, was signed into law. Section 5305 of the NDAA, Fairness for Federal Firefighters (FFA), amended the FECA by adding section 8143b to Title 5 of the U.S. Code. Section 8143b established that certain illnesses and diseases are to be deemed to be proximately caused by employment in Federal fire protection activities. Accordingly, on March 20, 2023, OWCP issued FECA Bulletin 23-05 to implement this legislation.

To qualify for special handling pursuant to § 8143b, an employee must have had not less than five years of Federal employment in aggregate in which they were engaged in fire protection activities.

On September 10, 2024, DFEC issued FECA Bulletin 24-05 to clarify that a combination of Federal and non-Federal employment can satisfy the five-year requirement of the FFA.

Many Federal firefighters are seasonal employees that only work a portion of each calendar year. The beginning and end dates of employment correspond with the beginning and end of the fire season in the employee's geographical area as determined by the employing agency. With respect to these and other Federal firefighters that do not work in fire protection activities on a full-time basis, DFEC is clarifying its procedures to interpret the phrase "employed for not less than 5 years in aggregate as an employee in fire protection activities" to mean that the individual must have worked in fire protection activities for at least five months or 870 hours in a given calendar year for that year to count towards the 5 year requirement of § 8143b.

Purpose: To further amend the instructions to claims staff on the handling of certain occupational disease claims filed by Federal firefighters.

Action: Firefighter FECA claims will be fully developed to establish the five basic elements set forth in 20 CFR § 10.115, in accordance with the special handling procedures addressed in items 1-5 below.

The claim was filed within the time limits set by the FECA;
The injured individual was an employee within the meaning of the FECA;
The employee provided factual evidence confirming that the exposure occurred and provided the medical evidence to support the diagnosis;
The employee was in the performance of duty when the exposure occurred; and
The diagnosis was found by a physician to be aggravated, accelerated, precipitated, or directly caused by work-related activities/exposure.

1. Claim Intake

a. A special indicator of FHR (Firefighter High Risk) has been implemented within the Employees Compensation and Management Portal (ECOMP) for Federal Firefighters who file claims under the FECA for conditions outlined in section 2(a) below.

2. Medical Review

a. The claims examiner should review the evidence submitted to determine if any of the following qualifying medical conditions are diagnosed by a valid physician:

Esophageal Cancer
Colorectal Cancer
Prostate Cancer
Testicular Cancer
Multiple Myeloma
Non-Hodgkin's Lymphoma
Leukemia
Kidney Cancer
Bladder Cancer
Brain Cancer
Lung Cancer
Mesothelioma
Melanoma
Thyroid Cancer
A sudden cardiac event or stroke while, or not later than 24 hours after, engaging in the prevention, control, or extinguishment of fires or response to emergency situations where life, property, or the environment is at risk, including the prevention, control, suppression, or management of wildland fires
Chronic Obstructive Pulmonary Disease (COPD)

Pursuant to section 8143b(b)(3), OWCP will consider making additions to the list of conditions as supported by the best available scientific evidence. If it is determined that the weight of evidence warrants adding an illness or disease, any additions will be made through the rule-making process; any such rule will clearly identify that scientific evidence.

c. If, after appropriate development, no medical evidence has been submitted from a valid physician establishing the diagnosis of any medical condition, the claim should be denied on that basis.

e. If, after any necessary development, a diagnosis in subpart (a) from a valid physician is present, the claims examiner should proceed with the analysis addressed in item (4) below.

3. Factual Review

a. Concurrently with the medical review, the claims examiner should review the factual evidence received and determine the nature and extent of the claimant's employment history as it relates to performing fire protection activities. Employees engaged in fire protection activities are firefighters, paramedics, emergency medical technicians, rescue workers, ambulance personnel, or hazardous material workers, who (1) are trained in fire suppression; (2) have the legal authority and responsibility to engage in fire suppression; (3) are engaged in the prevention, control, or extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) perform such activities as primary responsibilities of their jobs.

4. Adjudication/Disposition:

a. The claims examiner should review and document the following information based on the evidence submitted with the claim and following any appropriate development:

Years of Federal and non-Federal employment engaged in fire protection activities.
Medical Diagnoses
Latency Period, defined as the number of years between the employee's last date of engagement in Federal fire protection activities and the date of initial diagnoses of any qualifying medical conditions list in item 2(a) above.

1. The employee must have at least five years of combined Federal and non-Federal employment in which they were engaged in fire protection activities, as defined in section 3(a) above. The five-year period does not need to be consecutive; any employment that meets the definition can be included in the claims examiner's assessment. Additionally, engaging in fire protection activities for at least five months or 870 hours in a calendar year should count towards one full year of employment in fire protection activities.

Example 1: If a full-time employee was first engaged in fire protection activities in January of 2008, stopped working in fire protection activities in December 2009, and returned to their fire protection activities from January 2013 through their retirement in November 2017, their total engagement would equal seven years.

Example 2: If a seasonal employee was first engaged in fire protection activities during from June 2016 through November 2016 and continued to work each June through November each year through and including 2021, their total engagement would equal six years.

2. The employee must have been diagnosed, by a physician, with a qualifying medical condition noted in item 2(a) above.

3. The above diagnosis must have occurred within ten years of the date of the last active date of employment in Federal fire protection activities. The only exception to this condition is with respect to sudden cardiac events or strokes as defined in item 2(a)(15) above. For such cases to meet the criteria for streamlined adjudication, the cardiac event or stroke must occur while, or not later than 24 hours after, engaging in the prevention, control, or extinguishment of fires or response to emergency situations where life, property, or the environment is at risk, including the prevention, control, suppression, or management of fires. The cardiac event or stroke must also have occurred in the course of Federal employment.

c. If the case does not meet all three of the criteria in 4(b), it does not mean it should automatically be denied. Instead, the claims examiner should develop the claim in accordance with established FECA case processing procedures. In that situation, any medical development should still include an explanation of the 5-year requirement of § 8143b along with a statement of the claimant's duration of engagement in fire protection activities when asking if it is more likely than not that the cancer, heart or lung condition(s) claimed are related to employment exposure.

d. If the case meets all three of the criteria in 4(b), further evidence of causal relationship is not required. The condition(s) are deemed proximately caused by Federal firefighter employment and the claim may be acceptedⁱ.

5. Death Benefits. Claims for Federal Firefighter death benefits are to be adjudicated in a manner similar to Federal Firefighter disability claims.

a. The claimant has the burden of establishing the essential elements of the claim, which includes the existence of a causal relationship between an employee's death and a qualifying medical condition in item 2(a) above. When a qualifying medical condition has been established in accordance with item 2(a), the claimant must then establish that the qualifying medical condition hastened or caused the death of the employee.

Disposition: This Bulletin supersedes FECA Bulletin 24-05 and is to be retained until it has been incorporated into the DFEC Procedure Manual.

Jennifer Valdivieso
Director for
Federal Employees' Compensation

Distribution: All DFEC Staff

ⁱ The claims examiner is no longer required to refer the case to the DMA for review prior to acceptance as indicated in Bulletin 22-07.