GENERAL REQUIREMENTS

Time
Postal Service Employee
Fact of Injury
Performance of Duty
Causal Relationship

Time

The claim must be filed within the statutory time limits as follows:

• Written notice of injury or death must be filed within 30 days after the occurrence of the injury or death (a timely claim for compensation also constitutes a timely notice of injury.)
• The original claim for disability or death compensation must be filed within 3 years after the occurrence of injury or death, although allowances will be made in the following cases:
  • If OWCP does not request transfer for the employee who has been in LWOP-IOD status for 10 months, ICCO will coordinate with the personnel services office to send out a letter of transfer with supporting documentation to transfer health benefits enrollment to OCP.
  • If enrollment cannot be transferred, terminate the enrollment.

Normally, timeliness is not a factor when applying for compensation benefits. It is rare that the 3 year time frame cited above is exceeded or that the 30-day requirement for filing written notice of injury for COP is exceeded.

(Reference: 5 USC 8122 for timely filing requirements in latent disability cases)

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Postal Service Employee

The injured employee or decedent must have been an employee of the USPS at the time of injury or exposure, regardless of the length of time on the job or the type of position held (including casual and transitional).

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Fact of Injury

The employee or decedent must have sustained an injury as defined by FECA. The following issues must be addressed:

• Whether the alleged incident or exposure actually happened.
• Whether a medical condition has been diagnosed in connection with the event or exposure.

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Performance of Duty

The injury, illness, or death must have resulted from an incident or circumstance occurring while the employee was performing official duties. The injury, illness, or death must have resulted from one or more of the following situations:

• The employee’s performance of regular or special assigned duties, including activities considered reasonable incidents of employment (e.g., established coffee breaks).
• A requirement imposed by the employment.
• An employee’s fear and anxiety regarding his or her ability to carry out official duties.

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Causal Relationship

The claimed condition or disability must be caused by conditions of employment. Causal relationships are medical issues and must be supported by medical documentation provided by a recognized physician. Four types of causal relationships are recognized:

• Direct Causation - when the injury or factors of employment, through a natural and unbroken sequence, result in the claimed condition.
• Aggravation - when a preexisting condition is worsened, either temporarily or permanently, by an injury arising in the course of employment. Compensation is payable for the duration of the aggravation as medically determined.
  • Temporary Aggravation - a limited period of medical treatment or disability until the employee returns to his or her pre-injury status. Compensation is payable only for the period of aggravation established by the weight of the medical evidence, and not for any disability caused solely by the underlying disease.
  • Permanent Aggravation - when a condition persists indefinitely because of the effects of the job-related injury or when a condition is materially worsened such that it will not revert to its pre-injury level of severity.
• Acceleration - When job-related injury or disease hastens the development of an underlying condition and the ordinary progression of the disease would not account for the speed with which a condition develops.
• Precipitation - when a latent condition manifests itself because of factors of employment.

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