United States Department of Labor

Employees’ Compensation Appeals Board

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A.B., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Houston, TX, Employer

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Docket No. 22-0956

Issued: December 12, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On June 6, 2022 appellantfiled a timely appeal from a January 26, 2022 merit decision and 

a May 31, 2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP).

The Clerk of the Appellate Boards assigned Docket No. 22-0956. 

On October 11, 2021 appellant, then a 35-year-old city carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on March 11, 2020

1 she contracted COVID-19 due to exposure 

to coworkers and customers who were infected with COVID-19. She stopped work on 

March 9, 2021. Appellant tested positive for the COVID-19 virus on March 12, 2021 and was 

hospitalized from March 15 to April 26, 2021 due to conditions secondary to the COVID-19 virus. 

She has not returned to work. With her claim, appellant submitted medical evidence and claims 

for wage-loss compensation (Form CA-7) commencing March 11, 2021. 

By decision dated January 26, 2022, OWCP accepted appellant’s claim for COVID-19.

By separate decision dated January 26, 2022, OWCP denied appellant’s claim for 

continuation of pay (COP), finding that she did not report the injury on a form approved by OWCP 

1 On the Form CA-1 appellant indicated a date of injury of March 11, 2020. OWCP, however, accepted thedate of 

injury as March9, 2021.
2

within 30 days following the injury. It noted that the denial of COP did not preclude her from 

claiming wage loss due to the March 9, 2021 employment injury.

On February 7, 2022 appellant requested an oral hearing before a representative of 

OWCP’s Branch of Hearings and Review. 

By decision dated May 31, 2022, OWCP determined that appellant had abandoned her 

request for an oral hearing. It further found that there was no indication in the case record that she 

had contacted the Branch of Hearings and Review either prior to or subsequent to the scheduled 

hearing to explain her failure to appear.

The Board, having duly considered the matter, finds that this case is not in posture for

decision.

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 atsubsection II.2. however provides that, “The FECA program 

considersCOVID-19 to be a traumatic injury since it is contracted duringa single workday orshift 

(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

 In denying appellant’s

claim for COP, OWCP failed to consider the date of last exposure as the date of injury in 

accordance with the guidance in FECA Bulletin No. 21-09. This case will therefore be remanded

2

5 U.S.C. § 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 March 11, 2021 the American Rescue Plan Act of

2021 (ARPA)wassignedinto law. Pub.L.No. 117–2. OWCP issued FECABulletinNo. 21-09to provideguidance

regarding the processing ofCOVID-19 FECAclaimsasset forth in the ARPA. Previously, COVID-19 claims under

FECAwere processed underthe guidelines providedbyFECABulletinNo. 20-05(issuedMarch31, 2020) andFECA

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

21-01.
3

for application of FECA Bulletin No. 21-09 with regard to appellant’s claim for COP.7 Following 

this and other such further development as deemed necessary, OWCP shall issue a de novo 

decision. Accordingly,

IT IS HEREBY ORDERED THAT the January 26, 2022 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded for further proceedings 

consistent with this order of the Board.8

Issued: December 12, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

7

See, e.g.,Order Remanding Case, W.G.,Docket No. 18-0451 (issued February21, 2019)(The Board found that

OWCP failed to properly develop the medical evidence by requesting the DMA to provide an impairment rating in

accordance with the new guidance in FECABulletin No. 17-06 for consistently rating upper extremity impairments. 

The Board remanded the case for further development consistent with OWCP procedures in FECA Bulletin No.

17-06); Order Remanding Case, H.W., Docket No. 10-404 (issued September 28, 2011) (The Board remanded the

case to OWCP for selection of another impartialmedical specialist in accordance with its procedures).

8 Given the disposition of the merit decision, the nonmerit issue is moot.