United States Department of Labor

Employees’ Compensation Appeals Board

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R.C., Appellant

and

DEPARTMENT OF THE ARMY, 

DIRECTORATE OF PUBLIC WORKS, 

Fort Polk, LA, Employer

__________________________________________

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Docket No. 22-1216

Issued: February 13, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On August 22, 2022 appellant filed a timely appeal from a July 28, 2022 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards 

assigned Docket No. 22-1216.

On March 3, 2022 appellant, then a 63-year-old quality assurance specialist, filed a 

traumatic injury claim (Form CA-1) alleging that on January 13, 2022 he contracted COVID-19 

when he was exposed to a coworker who came to work with cold/flu symptoms during the week 

of January 3 to 7, 2022. He noted that he was diagnosed with COVID-19 on January 14, 2022,

stopped work on January 18, 2022, and was hospitalized on January 24, 2022 with COVID 

pneumonia, and remained in the intensive care unit for nine days. Appellant indicated that he was 

claiming continuation of pay (COP). On the reverse side of the claim form, K.A., an employing 

establishment supervisor, confirmed that appellant’s injury occurred while in the performance of 

duty. 

By decision dated March 7, 2022, OWCP denied appellant’s claim for COP, finding that 

he did not report the injury on a form approved by OWCP within 30 days following the injury. It 

advised him that the denial of COP did not affect his entitlement to compensation.
2

On March 17, 2022 appellant requested an oral hearing before a representative of OWCP’s 

Branch of Hearings and Review regarding the March 7, 2022 decision.

1

A telephonic hearing was held on June 7, 2022 before an OWCP hearing representative.

By decision dated July 28, 2022, OWCP’s hearing representative affirmed the March 7, 

2022 decision.

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 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

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 

1 On March 24, 2022 OWCP accepted appellant’s claim for COVID-19. 

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); 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

therefore be remanded 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 July 28, 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.

Issued: February 13, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy 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 Order Remanding Case, K.C., Docket No. 22-1066 (issued December 23, 2022); Order Remanding Case, 

T.S., Docket No. 22-0830 (issued December 19, 2022); Order Remanding Case, J.B., Docket No. 22-0642 (issued

September 27, 2022); Order Remanding Case, G.C., Docket No. 21-1016 (issued September 27, 2022).