United States Department of Labor

Employees’ Compensation Appeals Board

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S.A., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

PALO ALTO VA MEDICAL CENTER, 

Palo Alto, CA, Employer

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Docket No. 23-0384

Issued: August 14, 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 January 18, 2023 appellant filed a timely appeal from a January 4, 2023 merit decision 

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

assigned the appeal Docket No. 23-0384.

On December 23, 2022 appellant, then a 37-year-old nurse, filed a traumatic injury claim 

(Form CA-1) alleging that on November 14, 2022 she contracted COVID-19 while in the 

performance of duty. On the reverse side of the claim form, the employing establishment 

acknowledged that she was injured in the performance of duty, but controverted continuation of 

pay (COP) because the claim was not filed within 30 days of the injury. Appellant stopped work 

on November 16, 2022 and returned to work on November 27, 2022.

Appellant submitted a polymerase chain reaction test result collected on November 17, 

2022, by the employing establishment, which revealed that she tested positive for COVID-19.

On November 22, 2022 Dr. Bruce P. Lawrence, a Board-certified family practitioner,

indicated that appellant was unable to perform her duties from November 15 through 27, 2022 and 

could return to work on November 28, 2022. 
2

By decision dated January 4, 2023, OWCP denied appellant’s claim for COP, finding that 

she had not reported her injury on an OWCP-approved form within 30 days of the accepted 

employment injury. It noted that the denial of COP 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 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 her claim for 

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 762-64 (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 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

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

a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the January 4, 2023 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded for further proceeding 

consistent with this order of the Board.

Issued: August 14, 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

6

See 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);see alsoOrder Remanding Case, K.C., Docket No. 22-1066 (issued 

December 23, 2022).