Printing - FECA-PT2 - National Association of Letter Carriers

5 U.S.C. 8122 on the ground that notice of injury or death could not be given because of
exceptional circumstances. One "exceptional circumstance" recognized is a case of a
claimant who could not file a claim because that person was a prisoner of war during the
entire three-year period.
b. Injuries and Deaths Occurring Between December 7, 1940 and September 6, 1974.
(1) Written notice of injury should be given within 48 hours under 5 U.S.C. 8119. This
requirement is automatically waived if the employee filed notice within one year after the
injury or if the immediate superior had actual knowledge of the injury within 48 hours after
occurrence.
(2) An original claim for compensation for disability or death must be filed within one
year after the injury or death under 5 U.S.C. 8122.
(3) Waiver of the requirements for giving notice and filing a claim within one year could
be granted under 5 U.S.C. 8122 if a claim was filed within five years after the injury or
death, and
(a) The failure to comply was due to circumstances beyond the control of the
individual claiming benefits; or
(b) The individual claiming benefits could show sufficient cause or reason in
explanation of the failure to file within one year, and material prejudice to the
interest of the United States did not result from such failure. Material prejudice to
the interest of the United States may result in rare situations because the OWCP is
unable to investigate the facts because of the passage of time, the employing agency
has been deactivated, there are no available records, and the claimant is unable to
supply evidence to corroborate allegations made. In these cases, the burden is on
OWCP to show that material prejudice has resulted.
The second reason for waiver can often be applied. Some examples include lack of
knowledge of causal relationship between injury and disability (James T. Nunn, 1 ECAB 165)
and immediate disability for work did not follow injury (Theodore E. Holmbug, 2 ECAB 195).
(4) Medical treatment for the results of an injury can be provided if timely written notice
of injury was filed in accordance with 5 U.S.C. 8119, or if the immediate superior had actual
knowledge of the injury within 48 hours. This is so even if a claim for compensation was
not timely filed so as to permit an award for monetary compensation. For a full discussion
of this situation, see Edward T. Lowery (8 ECAB 745).
c. Injuries and Deaths Prior to December 7, 1940. The FECA required that written notice of
injury and claim for compensation for disability or death be given or filed within one year after the
injury or death. There is no waiver provision with respect to such cases or any provision for
delayed filing for latent disease or any other such circumstances.
2-0801-4 Determining Date Claim is Filed
FECA-PT2 Printed: 06/08/2010 139