United States Department of Labor

Employees’ Compensation Appeals Board

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M.D., Appellant

and

DEPARTMENT OF TRANSPORTATION, 

FEDERAL AVIATION ADMINISTRATION, 

White Plains, NY, Employer

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Docket No. 22-0771

Issued: February 24, 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 April 7, 2022 appellant filed a timely appeal from a February 28, 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 February 8, 2022 appellant, then a 33-year-old air traffic controller, filed a traumatic 

injury claim (Form CA-1) alleging that on January 7, 2022 she contracted COVID-19 while in the 

performance of duty. She explained that she felt symptoms and stayed home and then tested 

1 5 U.S.C. § 8101 et seq.
2

positive. On the reverse side of the claim form, appellant’s supervisor, M.M., acknowledged that 

appellant was injured in the performance of duty. An accompanying report of work status (Form 

CA-3) indicated that appellant stopped work on January 7, 2022 and returned to work on 

January 21, 2022. 

Appellant submitted a January 10, 2022 letter from an urgent care provider indicating that 

she tested positive for COVID-19.

By decision dated February 28, 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 the accepted 

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 Supra note 1 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); William E. Ostertag, 33 ECAB 

1925(1982).

6 FECA Bulletin No. 21-09.II.2 (issued April 29, 2021). On March 11, 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.

Appellant filed her Form CA-1 on February 8, 2022. By decision dated February 28, 2022, 

OWCP denied her request for COP, as her claim was not filed within 30 days of the claimed date 

of injury, January 7, 2022. 

Because appellant filed her Form CA-1 on February 8, 2022, the Board finds that it was 

not filed within 30 days of the claimed January 7, 2022 employment injury, as specified in sections 

8118(a) and 8122(a)(2) of FECA.7 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.

CONCLUSION

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

COP.

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Id.
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ORDER

IT IS HEREBY ORDERED THAT the February 28, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: February 24, 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