In a quiet move, the Biden administration authorized settlements with coerced vaccine-takers if they suffered serious side effects from the federal vaccine mandate. This clause was hidden in documents from a bulletin published by the Division of Federal Employees’ Comptroller in October.
“On September 9, 2021, President Biden issued an executive order mandating COVID-19 vaccination for most Federal employees,” the document states, although the pertinent OSHA regulation has still not been formally issued. “The order directed each agency to implement a program to require COVID-19 vaccination for all of its employees, with exceptions only as required by law.”
“The Federal Employees’ Compensation Act (FECA) covers injuries that occur in the performance of duty,” the bulletin goes on. “The FECA does not generally authorize the provision of preventive measures such as vaccines and inoculations, and in general, preventive treatment is a responsibility of the employing agency under the provisions of 5 U.S.C. 7901. However, care can be authorized by OWCP for complications of preventive measures which are provided or sponsored by the agency, such as adverse reaction to prophylactic immunization.”
“Further, deleterious effects of medical services furnished by the employing establishment are generally considered to fall within the performance of duty,” the FECA announcement continues. “These services include preventive programs relating to health.”
“However, this executive order now makes COVID-19 vaccination a requirement of most Federal employment,” the FECA bulletin claims. “As such, employees impacted by this mandate who receive required COVID-19 vaccinations on or after the date of the executive order may be afforded coverage under the FECA for any adverse reactions to the vaccine itself, and for any injuries sustained while obtaining the vaccination.”
Civilians who choose to vaccinate themselves appear to have no substantive civil remedy. However, those who are required to do so by the yet-to-be-issued federal vaccine mandate seem to enjoy special privileges that the rest. The FECA bulletin highlighted the following actions that should be taken.
1. Because COVID-19 vaccination is a specific event occurring during a single day or work shift, any adverse reactions or injuries should be reported on Form CA-1, Notice of Traumatic Injury and Claim for Continuation of Pay / Compensation. Where two vaccinations are required several weeks apart, reactions to each are considered separate claims.
2. When a claim is received for injury due to receipt of the COVID-19 vaccination, the claims examiner should determine if the vaccine was received prior to September 9, 2021. If the vaccination was received prior to this date, coverage is afforded only if the vaccine was administered or sponsored by the employing agency. See PM 2-0804.19.
3. The claims examiner will then verify that the employee is covered under the executive order of September 9, 2021. This order applies to all executive agencies as defined by 5 U.S.C. 105 – Agencies that fall under the Executive Branch of the Government (except the Government Accountability Office). Employees of the United States Postal Service are not covered by the order. The claims examiner should question the employing agency if there are any doubts about the applicability or validity of the executive order. The executive order does not cover employees whose vaccines were administered or sponsored in any way by the employer.
4. If the employee is covered by the executive order and vaccination was received on or after September 9, 2021, coverage may be afforded for (1) adverse reactions to the COVID-19 vaccination and (2) injuries sustained as the direct result of an employee receiving their mandated vaccination. Examples of such injuries include but are not limited to accidents while commuting a reasonable distance to and from the vaccination site and slip and fall injuries occurring at the vaccination site.
5. However, the claims examiner must ensure that all employees have received their mandatory vaccinations according to any applicable agency policy. Each agency is required to provide COVID-19 vaccines to all Federal employees as per the executive order.
a. Employing agencies may require employees to get their mandatory vaccinations at certain times or at specific locations. Coverage is granted only if the employee adheres to the agency’s vaccination policy.
b. Employing agencies that allow employees to get their mandatory vaccinations at any time and location are covered. The only restriction is the reasonableness of the coverage.
6. Full vaccination is required by the executive order. This means that the Executive Order requires two shots of Pfizer-BioNTech COVID-19 Vaccine (also known as Comirnaty), two shots Moderna COVID-19 Vaccine or one-shot Janssen COVID-19 Vaccine. The executive order does not require booster vaccinations. The FECA program will provide additional guidance if there are any changes in approved vaccine brands or mandated vaccination frequencies.
The document, titled FECA bulletin 22,-01, can be viewed in its entirety here. It was published on October 1. CNBC highlighted in December that you cannot sue Moderna or Pfizer if you have severe Covid side effects and that the government won’t likely compensate you for damages.
Although the VAERS system to report side effects hasn’t been completely vetted, many medical professionals have reported that many Covid side effects are not being reported.
Becker News reported that Pfizer-BioNTech’s vaccine authorization documents didn’t show the “full authorization” claimed by the Biden administration. This was because the liability protections provided by the original EUA meant that the pharmaceutical company could not be sued. Biden’s America is just one more example of the two-tier system of justice. While acknowledging that side effects can cause serious damages, but denying civil litigation as an option for civilians, it was clear that the Biden administration recognizes that.
