If a worker has received a RECA Section 5 Award for a RECA condition, will that condition be accepted under Part E?
A – Yes. However, under Part E, a Section 5 award by the Department of Justice (DOJ) is not required. Since Part E medical and employment requirements differ greatly from requirements under Section 5 of the RECA, it is possible that a claimant might be denied under Section 5 of the RECA and still prevail under Part E of the EEOICPA. DOL will adjudicate its claims independently of DOJ.
