United States Department of Labor

Employees’ Compensation Appeals Board

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F.G., Appellant

and

DEPARTMENT OF TRANSPORTATION, 

FEDERAL AVIATION ADMINISTRATION, 

Tampa, FL, Employer

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Docket No. 22-0859

Issued: November 29, 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

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On May 14, 2022 appellant filed a timely appeal from a February 7, 2022 merit decision 

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

assigned Docket No. 22-0859.

On January 29, 2022 appellant, then a 37-year-old air traffic controller, filed a traumatic 

injury claim (Form CA-1) alleging that on December 12, 2021 he contracted COVID-19 while in 

the performance of duty. He indicated on his claim form that he was claiming COP. On the reverse 

side of the claim form, appellant’s supervisor did not indicate the date that appellant stopped work,

but acknowledged that appellant was injured in the performance of duty. The employing 

establishment controverted COP as the claim was not filed within 30 days of the injury. 

In support of his claim, appellant submitted a COVID-19 antigen test result dated 

December 19, 2021, demonstrating a positive COVID-19 test result. 

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

he had not reported his injury on an OWCP-approved form within 30 days of his alleged 

December 12, 2021 employment injury. It noted that the denial of COP did not preclude appellant 

from filing a claim for disability (Form CA-7) due to the effects of his claimed injury. The Board 

has duly considered the matter and finds that this case is not in posture for decision. 
2

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

The context of section 8122 makes clear that this means within 30 days of the injury. 3

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.4

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.”

5

In denying appellant’s claim for COP, OWCP failed to properly develop the case to 

determine the date of last exposure. This case will, therefore, be remanded for application of 

FECA Bulletin No. 21-09 with regard to appellant’s claim for COP.6 Following this and other 

such further development as deemed necessary, OWCP shall issue a de novo decision.

Accordingly,

1

Id. at § 8118(a).

2

Id. at § 8122(a)(2).

3 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).

4

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).

5 FECA Bulletin No. 21-09.II.2 (issued April 29, 2021). On March 11, 2021 the American Rescue Plan Act

(ARPA) of 2021 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 FECAwere processed under the guidelines provided by FECABulletin No. 20-05 (issued March31,

2020) andFECA Bulletin No. 21-01 (issuedOctober 21, 2020). FECABulletinNo. 21-09supersedes FECABulletin 

Nos. 20-05 and21-01.

6

See e.g., Order Remanding Case, W.G., Docket No. 18-0451 (issued February 21, 2019) (OWCP failed to

properly develop the medical evidence by requestingthe DMAto providean impairment ratingin accordance with 

the new guidance in FECA Bulletin 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 impartial medical specialist in accordance with its procedures).
3

IT IS HEREBY ORDERED THAT the February 7, 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: November 29, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board