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[Decision Concerning Matters Related to Community Work Experience Program]

B-211079.2: Jan 2, 1987

The Department of Health and Human Services requested a decision as to whether: (1) the relevant statutory authority permits federal agencies to accept gratuitous services from state general assistance recipients as part of the Community Work Experience Program (CWEP); and (2) the Federal Employees' Compensation Act and/or the Federal Tort Claims Act cover CWEP participants. GAO found that: (1) fe...

B-211079.2 Commun Wrk Exper Prog--State Recip/Fed Work Sites, Jan 2, 1987 Matter of: Community Work Experience Program -- State General Assistance Recipients at Federal Work Sites File: B-211079.2 Date: January 2, 1987

B-211079.2: Jan 2, 1987

General assistance recipients under similar state programs are not covered by the DEFRA amendment. States that they are not to be considered as Federal employees for any "purpose.". FECA coverage is limited to Federal employees by 5 U.S.C. This result follows even in states which insist that the worksite sponsor and not the state are responsible for providing worker's compensation coverage. 3. We...

B-211079.2, JAN 2, 1987

B-211079.2: Jan 2, 1987

GENERAL ASSISTANCE RECIPIENTS UNDER SIMILAR STATE PROGRAMS ARE NOT COVERED BY THE DEFRA AMENDMENT. STATES THAT THEY ARE NOT TO BE CONSIDERED AS FEDERAL EMPLOYEES FOR ANY "PURPOSE.". FECA COVERAGE IS LIMITED TO FEDERAL EMPLOYEES BY 5 U.S.C. THIS RESULT FOLLOWS EVEN IN STATES WHICH INSIST THAT THE WORKSITE SPONSOR AND NOT THE STATE ARE RESPONSIBLE FOR PROVIDING WORKER'S COMPENSATION COVERAGE. 3. WE...