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Printing - FECA-PT2 - National Association of Letter Carriers

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Establishing whether an injury, traumatic or occupational, was sustained in the performance<br />

<strong>of</strong> duty as alleged, i.e. "fact <strong>of</strong> injury," and establishing whether there is a causal<br />

relationship between the injury and any disability and/or specific condition for which<br />

compensation is claimed, i.e. "causal relationship," are distinct elements <strong>of</strong> a compensation<br />

claim. While the issue <strong>of</strong> "causal relationship" cannot be established until "fact <strong>of</strong> injury" is<br />

established, acceptance <strong>of</strong> fact <strong>of</strong> injury is not contingent upon an employee proving a<br />

causal relationship between the injury and any disability and/or specific condition for which<br />

compensation is claimed. An employee may establish that an injury occurred in the<br />

performance <strong>of</strong> duty as alleged but fail to establish that his or her disability and/or specific<br />

condition for which compensation is claimed are causally related to the injury.<br />

2-0803-3 Sources <strong>of</strong> Evidence<br />

3. Sources <strong>of</strong> Evidence. To determine whether the injury occurred, the CE should consider the<br />

following evidence:<br />

a. A statement from the claimant, or someone acting on the claimant's behalf, indicating the<br />

nature <strong>of</strong> the injury and showing when, where, and how it occurred. Such a statement is<br />

mandatory.<br />

b. A statement from the supervisor confirming that the alleged injury occurred. A positive<br />

statement from the supervisor (or compensation specialist) is required, except where the injury<br />

occurred under circumstances such that employing agency personnel could not or probably would<br />

not have personal knowledge <strong>of</strong> its occurrence.<br />

c. Statements from one or more witnesses confirming or refuting the claimant's allegations<br />

concerning the occurrence <strong>of</strong> the injury. The absence <strong>of</strong> statements from witnesses does not<br />

defeat a compensation claim if the claimant's statements and course <strong>of</strong> action are consistent with<br />

the surrounding facts and circumstances and otherwise appear to be true. However, witness<br />

statements should be requested if the occurrence <strong>of</strong> the incident is in doubt.<br />

d. A medical report from the treating physician which provides a diagnosis linked to the injury.<br />

The report does not need to address causal relationship between the incident claimed and the<br />

medical condition diagnosed. The report also does not need to address any disability which may<br />

have resulted from the injury. But a medical condition, however minor or seemingly incongruous,<br />

must be stated. Findings <strong>of</strong> pain or discomfort alone do not satisfy the medical aspect <strong>of</strong> the fact<br />

<strong>of</strong> injury determination.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 164

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