Printing - FECA-PT2 - National Association of Letter Carriers

(2) In disability cases an explanatory statement should also be obtained from the injured
employee.
e. Bunkhouse Rule.
(1) An employee has the protection of the FECA if injured during the reasonable use of
premises which he or she is required or expected to occupy, and which are provided by the
employer. In this category of cases, the official superior should be requested to submit a
statement showing:
(a) Whether the employee was required or expected to occupy the quarters
where the injury occurred and, if so, this should be explained fully;
(b) Whether the employer provided the quarters for the employee and, if so, this
should be explained fully; and
(c)
In what activity the employee was engaged at the time of the injury.
(2) The statement from the official superior should be sufficient to make a proper
determination in most cases. Where needed, additional information should be obtained
from the official superior, injured employee, co-workers, and witnesses.
f. Parking Facilities. The industrial premises include the parking facilities owned, controlled, or
managed by the employer. An employee is in the performance of duty when injured while on such
parking facilities unless engaged in an activity sufficient for removal from the scope of
employment. In such cases the official superior should be requested to state whether the parking
facilities are owned, controlled, or managed by the employer, and whether the injury did in fact
occur in the parking area. The CE may approve the case when the official superior's response is
affirmative and consistent with the other evidence.
g. Proximity Rule.
(1) An employee who has a fixed place of employment generally is not in the
performance of duty when the injury occurs off the employer's premises. There are certain
recognized exceptions to this general rule. One of these is the so-called proximity rule. It
concerns those cases where the industrial premises are constructively extended to
encompass a hazardous condition proximate to the premises, such as a public highway or
railroad crossing, and considered to be a hazard of the employment as distinguished from a
hazard which is not peculiar to the employer's premises. In this type of case the official
superior should be requested to submit:
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