Printing - FECA-PT2 - National Association of Letter Carriers

2-0804-1 Purpose and Scope
1. Purpose and Scope. This chapter contains guidelines for determining the question of "performance
of duty". Additional references may be obtained from the FECA Procedure Manual Index. Also consult the
Index to the decisions of the Employees' Compensation Appeals Board (ECAB). After the questions of
"time," "employee," and "fact of injury" have been determined affirmatively, the Claims Examiner (CE)
should decide whether the employee was in the performance of duty when the injury occurred.
2-0804-2 Adjudication
2. Adjudication. The performance of duty question may be decided affirmatively by the CE if there is
no conflict in the evidence and if the facts establish that the employee was in a duty status. Adverse
determinations and determinations requiring evaluation of conflicting evidence and/or involving borderline
situations must be made at an adjudicative level above that of the CE. If it appears that any of the
statutory exclusions to compensation set forth in 5 U.S.C. 8102(a)(1), (2) and (3) may be applicable,
evidence to make a determination must be obtained in accordance with paragraphs 13 and 14 of this
chapter.
2-0804-3 Terminology & Sources of Evidence
3. Terminology and Sources of Evidence. Certain statutes administered by the Office, relating mainly
to military or quasi-military establishments, stipulate that injury or death must have occurred in the "line
of duty" for compensation to be paid. This phrase does not appear in most workers' compensation
statutes. The Office's policy is to follow, to the extent possible, the principles and interpretations applied
by the particular service which employed the disabled or deceased individual. Such "line of duty"
determinations, however, are subject to review for conformance with the "performance of duty" concept.
The question of performance of duty is determined by the same evidence outlined in FECA PM 2-800.6
and by the answers to questions on Forms CA-1, CA-2 and CA-6.
2-0804-4 Industrial Premises
4. Industrial Premises. An employee who has a fixed place of employment, and is injured on the
premises of the employer, has the protection of the FECA unless one of the statutory exclusions applies or
the employee was doing something unconnected with the employment.
a. Injuries arising on the premises may be approved by the CE if it is shown the injury
occurred on the premises and:
(1) The employee was performing assigned duties, or
(2) The employee was engaged in an activity reasonably incident to the employment
such as:
(a) Personal acts for the employee's comfort, convenience and relaxation,
(b) Eating meals and snacks on the premises and
(c) Taking authorized coffee breaks, or
(3) The injury occurred while the employee was on the premises within a reasonable
FECA-PT2 Printed: 06/08/2010 168