United States Department of Labor

Employees’ Compensation Appeals Board

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L.G., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Birmingham, AL, Employer

__________________________________________

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Docket No. 21-0983

Issued: April 14, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On June 14, 2021 appellant filed a timely appeal from an April 23, 2021 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). Pursuant to the Federal Employees’

Compensation Act1(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction over 

the merits of this case.2

ISSUE

The issue is whether appellant has met her burden of proof to establish entitlement to 

continuation of pay (COP) for the period December 11, 2020 through March 1, 2021.

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, following the April23, 2021 decision, appellant submitted additional evidence on appeal.

However, the Board’s Rules of Procedure provides: “The Board’s review of a case is limited to the evidence in the 

case record that was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered 

by the Board for the first time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this 

additional evidence for the first time on appeal. Id.
2

FACTUAL HISTORY

On February 27, 2021 appellant, then a 63-year-old rural carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on December 11, 2020 she contracted COVID-19 after handling 

and delivering mail while in the performance of duty. She stopped work on December 11, 2020 

and returned to work on March 1, 2021. On the reverse side of the claim form A.H., appellant’s 

supervisor, controverted continuation of pay because appellant had not filed the Form CA-1 within 

30 days of the alleged injury.

In a development letter dated March 8, 2021, OWCP informed appellant that the evidence 

of record was insufficient to establish her claim. It advised her of the type of factual and medical 

evidence needed and provided a questionnaire for her completion. In a separate development letter 

of even date, OWCP requested that the employing establishment provide additional information, 

including comments from a knowledgeable supervisor and details regarding appellant’s alleged 

COVID-19 exposure. It afforded both parties 30 days to submit the necessary evidence.

In a letter dated March 16, 2021, OWCPinformed appellant of the passage of the American 

Rescue Plan Act of 2021 (ARPA), and explained that her claim would be reviewed under this new 

legislation. It further explained that this legislation created a presumption that a federal employee 

diagnosed with COVID-19 after performing duties that required contact with coworkers or the 

public has an injury proximately caused by employment.

On March 19, 2021 an employing establishment human resources specialist, B.M., 

responded to OWCP’s development questionnaire. In an e-mail of even date, A.H. indicated that 

she had no knowledge of appellant being directly exposed to COVID-19 in the performance of 

duty and that she did not know what task appellant was performing during the alleged exposure. 

She reported that appellant’s shifts consisted of direct contact with coworkers for approximately 

two hours per day and intermittent contact with the public for approximately five to six hours per 

day. A.H. noted that appellant encountered around 50 people daily, but noted that such contact 

was only “in passing when walking throughout the building.” Finally, she stated that appellant 

was required to wear a mask and was provided gloves and hand sanitizer.

OWCP subsequently received a laboratory test result, dated December 13, 2020, which 

established that appellant tested positive for COVID-19.

Hospital discharge notes, dated January 7, 2021, showed that appellant was diagnosed with 

COVID-19, pneumonia, and atrial fibrillation with rapid ventricular response.

In a letter dated April 6, 2021, Dr. Felix Morris, a Board-certified internist, specializing in 

pulmonology and critical care medicine, noted that appellant had been hospitalized January 2

through 7, 2021 for pneumonia due to COVID-19 and a massive pulmonary thromboembolism 

that was treated with lytic therapy. He reported that in follow-up appointments on February 4 and 

22, 2021 appellant had a large persistent infiltrate in her right upper lung and persistent dyspnea 

related to COVID-19. Dr. Morris recommended that appellant stay off work until March 1, 2021.

By decision dated April 23, 2021, OWCP accepted appellant’s claim for COVID-19. By 

separate decision of even date, it denied appellant’s claim for COP, finding that she had not 
3

reported her injury on an OWCP-approved form within 30 days of the accepted December 11, 

2020 employment injury. OWCP noted that the denial of COP did not preclude her from filing a 

claim for disability due to the effects of the accepted employment injury.

LEGAL PRECEDENT

Section 8118(a) of FECA authorizes COP, not to exceed 45 days, to an employee who has 

filed a claim for a period of wage loss due to a traumatic injury with his or her immediate superior 

on a form approved by the Secretary of Labor within the time specified in section 8122(a)(2) of 

this title.3 This latter section provides that written notice of injury shall be given within 30 days. 4 

The context of section 8122 makes clear that this means within 30 days of the injury. 5

OWCP’s regulations provide, in pertinent part, that to be eligible for COP, an employee 

must: (1) have a traumatic injury which is job related and the cause of the disability and/or the 

cause of lost time due to the need for medical examination and treatment; (2) file Form CA-1 

within 30 days of the date of the injury; and (3) begin losing time from work due to the traumatic 

injury within 45 days of the injury.6

ANALYSIS

The Board finds that appellant has not met her burden of proof to establish entitlement to 

COP for the period December 11, 2020 through March 1, 2021.

Appellant filed written notice of her traumatic injury (Form CA-1) on February 27, 2021.

By decision dated April 23, 2021, OWCP denied appellant’s request for COP, as her claim was 

not filed within 30 days of the accepted December 11, 2020 employment injury. It noted that the 

denial of COP did not preclude her from filing a claim for disability due to the effects of the 

accepted employment injury.

Because appellant filed written notice of her traumatic injury claim (Form CA-1) on 

February 27, 2021, the Board finds that it was not filed within 30 days of the accepted 

December 11, 2020 employment injury, as specified in sections 8118(a) and 8122(a)(2) of FECA.

Accordingly, appellant is not entitled to COP.

Appellant may submit new evidence or argument with a written request for reconsideration 

to OWCP within one year of this merit decision, pursuant to 5 U.S.C. § 8128(a) and 20 C.F.R. 

§§ 10.605 through 10.607.

3

Supra note 1 at § 8118(a).

4

Id. at § 8122(a)(2).

5 E.M., Docket No. 20-0837 (issued January 27, 2021); J.S., Docket No. 18-1086 (issued January 17, 2019);

Robert M. Kimzey, 40 ECAB 762, 763-64 (1989);Myra Lenburg, 36 ECAB 487, 489 (1985). 

6

20 C.F.R. § 10.205(a)(1-3);see also T.S., Docket No. 19-1228 (issued December 9, 2019); J.M., Docket No. 09-

1563 (issued February 26, 2010); Dodge Osborne, 44 ECAB 849 (1993); WilliamE. Ostertag, 33 ECAB 1925 (1982).
4

CONCLUSION

The Board finds that appellant has not met her burden of proof to establish entitlement to 

COP for the period December 11, 2020 through March 1, 2021.

ORDER

IT IS HEREBY ORDERED THAT the April 23, 2021 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: April 14, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board