United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.D., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, VA 

PUGET SOUND HEALTH CARE SYSTEM, 

SEATTLE, WA, Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 22-1395

Issued: January 5, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On September 12, 2022 appellant filed a timely appeal from a July 5, 2022 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.

ISSUE

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

continuation of pay (COP).

FACTUAL HISTORY

On June 17, 2022 appellant, then a 44-year-old nurse, filed a traumatic injury claim (Form 

CA-1) alleging that on April 28, 2022 she was exposed to COVID-19 while in the performance of 

1

5 U.S.C. § 8101 et seq.
2

duty. On the reverse side of the claim form, appellant’s supervisor acknowledged that she was 

injured in the performance of duty. Appellant stopped work on April 28, 2022 and returned on 

May 18, 2022.

In support of her claim, appellant submitted a polymerase chain reaction (PCR) test result 

dated May 2, 2022, prepared by the employing establishment, which indicated that her test was 

positive for COVID-19. 

By decision dated July 5, 2022, OWCP denied appellant’s claim for COP, finding that she 

had not reported her injury on an OWCP-approved form within 30 days of her alleged April 28, 

2022 employment injury. It further noted that the decision affected only her entitlement to COP

and did not affect her entitlement to other compensation benefits.

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

The context of section 8122 makes clear that this means within 30 days of the injury.4

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.5

FECA Bulletin No. 21-09 at subsection II.2., however, provides that “The FECA program 

considers COVID-19 to be a traumatic injury since it is contracted during a single workday or shift 

(see 20 C.F.R. § 10.5(ee)), and considers the date of last exposure prior to the medical evidence 

establishing the COVID-19 diagnosis as the Date of Injury since the precise time of transmission 

may not always be known due to the nature of the virus.”

6

2

Id. at § 8118(a).

3

Id. at § 8122(a)(2).

4 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 762-64 (1989); Myra Lenburg, 36 ECAB 487, 489 (1985).

5

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).

6 FECA Bulletin No. 21-09.II.2. (issued April29, 2021). On March11, 2021 the American Rescue Plan Act of 

2021 (ARPA) was signed into law. Pub. L.No. 117–2. OWCP issued FECA Bulletin No. 21-09 to provide guidance 

regarding the processing of COVID-19 FECA claims as set forth in the ARPA. Previously, COVID-19 claims under 

FECA were processed under the guidelines provided by FECA Bulletin No. 20-05 (issued March 31, 2020) and FECA 

Bulletin No. 21-01 (issued October 21, 2020). FECA Bulletin No. 21-09 supersedes FECA Bulletin Nos. 20-05 and 

21-01.
3

ANALYSIS

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

COP. 

The record reflects that appellant filed written notice of her traumatic injury on a Form

CA-1 on June 17, 2022, alleging that on April 28, 2022 she was exposed to COVID-19 while in 

the performance of duty. Appellant stopped work on April 28, 2022 and returned on 

May 18, 2022. As previously noted, FECA Bulletin No. 21-09 defines date of injury as the date 

of last exposure, which in this case was April 28, 2022.

7

 As appellant filed her Form CA-1 on 

June 17, 2022, more than 30 days after the April 28, 2022 date of injury, the Board finds that she

has not met her burden of proof. 

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.

CONCLUSION

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

COP.

7

Id.
4

ORDER

IT IS HEREBY ORDERED THAT the July 5, 2022 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: January 5, 2023

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board