United States Department of Labor

Employees’ Compensation Appeals Board

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I.C., Appellant

and

DEPARTMENT OF DEFENSE, EDUCATION 

ACTIVITY, Wiesbaden, Germany, Employer

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Docket No. 23-0572

Issued: October 23, 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 February 21, 2023 appellant filed a timely appeal from an October 31, 2022 merit 

decision of the Office of Workers’ Compensation Programs (OWCP) and requested an oral 

argument before the Board.

1

 The Clerk of the Appellate Boards assigned Docket No. 23-0572.

On October 21, 2022 appellant, then a 59-year-old assistant middle school principal, filed 

a traumatic injury claim (Form CA-1) alleging that on August 5, 2022, she contracted COVID-19 

when attending a conference while in the performance of duty. On the reverse side of the claim 

form, appellant’s supervisor acknowledged that appellant was injured in the performance of duty, 

acknowledged that she stopped work on August 8, 2022, and returned on August 29, 2022, and 

1 Appellant submitted a timely request for oral argument before the Board. 20 C.F.R. § 501.5(b). Pursuant to the 

Board’s Rules of Procedure, oral argument may be held in the discretion of the Board. 20 C.F.R. § 501.5(a). In support 

of appellant’s oral argument request, appellant asserted that she should be reimbursed for sick leave and medical 

expenses incurred for the treatment of COVID-19. The Board, in exercising its discretion, denies appellant’s request 

for oral argument because the arguments on appeal can adequately be addressed in a decision or order based on a 

review of the case record. Oral argument in this appeal would further delay issuance of a Board decision and not serve 

a useful purpose. As such, the oral argument request is denied, and this order is based on the case record as submitted 

to the Board.
2

controverted continuation of pay (COP), noting that the claim had been filed more than 30 days 

following the date of injury.

By decision dated October 31, 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 her alleged 

August 5, 2022 employment injury. It advised appellant that the decision only concerned her 

entitlement to COP and did not affect her entitlement to other compensation benefits.

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

decision.

Section 8118(a) of the Federal Employees Compensation Act (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 

2

Id. 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); WilliamE. Ostertag, 33 ECAB 

1925(1982).

6 FECA BulletinNo. 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.
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 October 31, 2022 merit 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: October 23, 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

7

See Order Remanding Case, D.P., Docket No. 23-0224 (issued July 19, 2023); Order Remanding Case, P.A., 

Docket No. 23-0165 (issued June 14, 2023);Order Remanding Case, L.J., Docket No. 22-1041 (issued December 30, 

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