United States Department of Labor

Employees’ Compensation Appeals Board

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F.T., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

NEWINGTON, VA CLINIC, Newington, CT, 

Employer

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Docket No. 23-0752

Issued: September 28, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On May 2, 2023 appellant filed a timely appeal from a March 20, 2023 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 March 6, 2023 appellant, then a 65-year-old police officer, filed a traumatic injury 

claim (Form CA-1) alleging that on January 6, 2023 he was exposed to COVID-19 in the 

1

5 U.S.C. § 8101 et seq.
2

performance of duty. On the reverse side of the claim form, appellant’s supervisor 

acknowledged that appellant was injured in the performance of duty. Appellant stopped work on 

January 6, 2023 and returned on January 17, 2023. 

Appellant submitted a medical note dated January 12, 2023 and signed by Karen Sauer, a 

registered nurse. The note indicated that he had tested positive for COVID-19. 

In a letter dated March 13, 2023, the employing establishment controverted appellant’s 

claim, contending that the injury was not reported on an approved form within 30 days of the 

injury. 

By decision dated March 20, 2023, 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 

January 6, 2023 employment injury. It advised him that this decision only concerned his

entitlement to COP and 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 is 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 

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).
3

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

ANALYSIS

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

COP. 

The record reflects that appellant filed written notice of his traumatic injury on a Form

CA-1 on March 6, 2023 alleging that on January 6, 2023 he was exposed to COVID-19 in the 

performance of duty. He stopped work on January 6, 2023 and returned on January 17, 2023. 

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

which in this case was January 6, 2023.

7

 As appellant filed his Form CA-1 on March 6, 2023

more than 30 days after the January 6, 2023 date of injury, the Board finds that he has not met 

his burden of proof. 

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.

6 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.

7

Id.
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ORDER

IT IS HEREBY ORDERED THAT the March 20, 2023 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: September 28, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board