United States Department of Labor

Employees’ Compensation Appeals Board

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T.J., Appellant

and

DEPARTMENT OF TRANSPORTATION, 

FEDERAL AVIATION ADMINISTRATION,

QUAD CITIES INTERNATIONAL AIRPORT,

Moline, IL, Employer

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Docket No. 23-0003

Issued: April 26, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On October 4, 2022 appellant filed a timely appeal from a July 18, 2022 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). Pursuant to the Federal Employees’

Compensation Act1(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction over 

the merits of this case.

ISSUE

The issue is whether appellant has met his burden of proof to establish entitlement to 

continuation of pay (COP).

FACTUAL HISTORY

On July 13, 2022 appellant, then a 32-year-old air traffic controller, filed a traumatic injury 

claim (Form CA-1) alleging that on May 15, 2022 he contracted COVID-19 as a result of working 

1 5 U.S.C. § 8101 et seq.
2

air traffic while in the performance of duty. He stopped work on that date and returned on 

May 30, 2022. 

In support of his claim, appellant submitted a rapid antigen laboratory test result, collected 

on May 17, 2022, which revealed that he tested positive for COVID-19.

By decision dated July 18, 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 the date of the claimed 

employment injury. It further noted that the decision did not affect his entitlement to other 

compensation benefits.

LEGAL PRECEDENT

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

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); 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

ANALYSIS

The Board finds that appellant has not met his burden of proof to establish entitlement to 

COP.

Appellant filed his Form CA-1 on July 13, 2022. He stopped work on May 15, 2022. As 

previously noted, FECA Bulletin No. 21-09 defines date of injury as the date of last exposure, 

which in this case was May 15, 2022.7 Because appellant filed his Form CA-1 on July 13, 2022, 

the Board finds that it was not filed within 30 days of the alleged May 15, 2022 employment injury, 

and the Board finds that he has not met his burden of proof.8

Appellant may submit new evidence or argument with a written request for reconsideration 

to OWCP within one year of this merit decision, pursuant to 5 U.S.C. § 8128(a) and 20 C.F.R. 

§§ 10.605 through 10.607.

CONCLUSION

The Board finds that appellant has not met his burden of proof to establish entitlement to 

COP.

7

Id. 

8 See J.C., Docket No. 22-0666 (issued October 26, 2022).
4

ORDER

IT IS HEREBY ORDERED THAT the July 18, 2022 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: April 26, 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