United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.B., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

NORTHPORT VA MEDICAL CENTER, 

Northport, NY, Employer

__________________________________________

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Docket No. 23-0568

Issued: June 13, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On March 15, 2023 appellant filed a timely appeal from a November 15, 2022 merit 

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

Appellate Boards assigned Docket No. 23-0568.

On November 9, 2022 appellant, then a 37-year-old dental officer, filed a traumatic injury 

claim (Form CA-1) alleging that he contracted COVID-19 on September 20, 2022 while in the 

performance of duty. He asserted that he had working exposure to the COVID-19 virus. On the 

reverse side of the claim form, his supervisor, K.J., controverted continuation of pay (COP)

because the claim was not reported on a Form CA-1 within 30 days of the injury. The claim 

form indicates that appellant stopped work on September 21, 2022 and returned to work on 

October 3, 2022.

By decision dated November 15, 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 

incident. It advised him that the denial of COP did not affect his entitlement to other 

compensation benefits.

The Board, having duly considered the matter, 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 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 for application of FECA Bulletin No. 21-09 with regard to his claim for 

COP.6 Following this and other such further development as deemed necessary, OWCP shall 

issue a de novo decision. Accordingly,

1

5 U.S.C. § 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, 763-64 (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); William E. Ostertag, 33 ECAB 

1925 (1982).

5 FECA Bulletin No. 21-09.II.2 (issued April29, 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.

6

See Order Remanding Case K.W., Docket No. 22-0769 (issued February 23, 2023), Order Remanding Case, 

M.N.,Docket No. 22-0728 (issued February 14, 2023); Order Remanding Case, R.C., (Docket No. 22-1216 (issued 

February 13, 2023); 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, G.C.,Docket No. 

21-1016 (issued September 27, 2022).
3

IT IS HEREBY ORDERED THAT the November 15, 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: June 13, 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