Printing - FECA-PT2 - National Association of Letter Carriers

(4) If a claim is not received by OWCP or the employing agency within the statutory time
frame after the date of injury, the CE must determine when time begins to run. Time
begins to run as stated in the following paragraphs depending upon the type of injury or the
status and location of the person claiming benefits.
2-0801-5 Traumatic Injury Claims
5. Traumatic Injury Claims. This paragraph discusses how determinations of timeliness are made in
traumatic injury cases. Time begins to run from the date of injury where the injury can be identified as to
time, place, and circumstances of occurrence. The CE must be reasonably certain that the date of injury
has been correctly stated. This question should receive particularly careful consideration if the reporting
has been delayed to the extent that the injury may not have been reported within the appropriate time
frame. Additional evidence should be obtained when the CE questions whether the date has been
properly reported. Sources used to verify the date of injury include:
a. Statements from the claimant, official superior, or witnesses explaining why they believe
the date of injury has been correctly stated. A statement from the official superior may address
the leave and attendance records showing whether the employee (and the witnesses where so
indicated) was in fact present for duty on the alleged date of the accident or during the period
claimed;
b. Copies of the medical records covering the medical examinations immediately following the
injury with particular emphasis on the date of the accident shown in the history; and
c. Copies of any documents prepared immediately following or soon after the accident relating
to the injury.
2-0801-6 Occupational Disease and Latent Injury Claims
6. Occupational Disease and Latent Injury Claims. This paragraph discusses how determinations of
timeliness are made in occupational disease cases. In these cases, time begins to run when the injured
employee becomes aware, or reasonably should have been aware, of a possible relationship between the
disease or condition and the employment. Where the exposure to possible injurious employment-related
conditions continues after this knowledge, the time for filing begins to run on the date of the employee's
last exposure to the implicated conditions.
a. Form CA-2 requests the date the claimant first realized the presence of an occupational
disease and related it to the employment, and how the employee came to this realization. Form
CA-2 also requires the official superior to comment upon the claimant's statements. Where
necessary, the CE should obtain additional information to clarify this issue.
b. If the claimant did not file within the statutory time limitations after exposure to the
employment factors ceased, the medical reports should be examined to determine whether the
claimant was aware, or reasonably should have been aware, of the illness and its possible
relationship to employment. For example, the history obtained at the time of the first and
subsequent examinations, the date when a definite diagnosis was made, or the advice given by the
doctor to the claimant, may assist the CE in determining the issue of possible awareness.
c. If the employing agency gave regular physical examinations which might have detected
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