Printing - FECA-PT2 - National Association of Letter Carriers

or death any written document received by the employing agency or by the OWCP which is
signed by the claimant or someone acting on the claimant's behalf and which contains the
name of the employee, the date and location of the injury or death, and the cause and
nature of the injury, or the employment factors believed to be the cause.
(2) An original claim for compensation for disability or death must be filed within three
years after the occurrence of the injury or death under 5 U.S.C. 8122. If claim is not filed
within three years, compensation may still be allowed if:
(a) Written notice of injury or death was given within 30 days as specified in 5
U.S.C. 8119; or
(b) The immediate superior had actual knowledge (including verbal notification)
of the injury or death within 30 days after occurrence. The knowledge or notification
must be such as to put the immediate superior reasonably on notice of an on-the-job
injury or death.
(3) Knowledge by the immediate superior, another official at the employing agency, or
any agency physician or dispensary that an employee has sustained an injury, alleges that
an injury has been sustained, or alleges that some factor of the employment has resulted in
a physical condition constitutes actual knowledge. Such knowledge does not have to be
firsthand or acquired as an eyewitness to the accident.
(a) For confirmation in doubtful cases a statement should be requested from the
person named as having actual knowledge, showing what specific knowledge the
person has of the injury or disease, how and from whom this knowledge was
acquired, and when it was acquired. Where treatment was received from the
physician or dispensary of the employing agency, a copy of the medical record
should be requested.
(b) Such knowledge or notification must be such as to put the employing agency
reasonably on notice of an on-the-job injury or death. It is not sufficient that the
immediate superior, official or dispensary worker at the agency was aware that the
employee complained of back pain, suffered a myocardial infarction, etc. To
constitute actual knowledge, it must be found that the immediate superior, other
official, or dispensary worker was aware that the employee related the back pain,
MI, etc. to an injury sustained while in the performance of duty or to some factor of
the employment.
(c) If an agency, in connection with a recognized environmental hazard, has an
employee testing program and a test shows the employee to have positive findings
this should be accepted as constituting actual knowledge. For example, an agency
where employees may be exposed to hazardous noise levels may give annual
hearing tests for exposed employees. A hearing loss identified on such a test would
constitute actual knowledge on the part of the agency of a possible work injury.
(4) OWCP may excuse the failure to comply with the three-year time requirement under
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