Printing - FECA-PT2 - National Association of Letter Carriers

2-0802-4 Proof that the Injured/Deceased Individual is an "Employee"
4. Proof that the Injured/Deceased Individual is an "Employee". The CE must next decide whether
the injured or deceased individual had status as an officer or employee of the reporting office at the time
of the injury. Here again, the supervisor's completion of a report of injury or death is prima facie proof of
the worker's status as an "employee."
The CE may decide this question affirmatively when the evidence clearly shows that the service performed
for the reporting office by the individual was of a kind usually performed by an employee, as distinguished
from an independent contractor, and that a contract of employment was entered into prior to the injury.
Questions may arise concerning the status of volunteers or enrollees in social assistance programs. The
employing agency should be asked to cite the statutory basis for accepting the services of volunteers or
enrollees and to provide a copy of this legislation. The issue should then be referred, with the supporting
documents, to the Director for Federal Employees' Compensation. Or, the agency may request a
determination directly from the National Office.
2-0802-5 Question of Applicant vs. Employee
5. Question of Applicant vs. Employee. This question must be considered where it is unclear that a
contract of hire was established before the injury or if the claimant worked at the agency prior to the
injury.
a. The most usual situations involve cases where:
(1) The claimant is a casual employee;
(2) The injury occurs about the time the employment contract began or was about to
begin; or
(3) The injury occurs in connection with a pre-employment examination, vaccination or
immunization, or an event of a similar nature where the individual may not have as yet
acquired the status of an "employee."
b. Where the claimant's status is unclear, the CE should obtain the information noted below.
Any material discrepancy in the statements must be clarified by requesting supplemental
statements from principals, or by obtaining similar evidence from other sources. The CE should
ask the worker and reporting agency:
FECA-PT2 Printed: 06/08/2010 148