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Printing - FECA-PT2 - National Association of Letter Carriers

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(a) The reason the employee was requested to report for duty;<br />

(b) Whether other employees were given administrative leave because <strong>of</strong> the<br />

curfew; and<br />

(c) Whether the injury resulted from a specific hazard caused by the imposition<br />

<strong>of</strong> the curfew, such as an attack by rioting citizens.<br />

(2) In disability cases the injured employee should be requested to submit a similar<br />

statement.<br />

(3) When all the facts are developed, the case should be referred to the <strong>National</strong> Office.<br />

2-0804-7 Diversions from Duty<br />

7. Diversions from Duty.<br />

a. Emergencies.<br />

(1) Some injuries occur when the employee steps outside the sphere <strong>of</strong> assigned duties<br />

to assist in an emergency, such as to extinguish a fire, assist a person who is injured or in<br />

imminent danger, etc. In these cases, it is particularly essential to determine the extent to<br />

which the employee diverted from assigned duties to perform the emergency act, and<br />

whether the employee was acting in the scope <strong>of</strong> employment just before the diversion. It<br />

is the CE's responsibility to obtain a statement from the <strong>of</strong>ficial superior, showing:<br />

(a) The precise location <strong>of</strong> the scene <strong>of</strong> the accident in relation to the industrial<br />

premises, and the place where the employee regularly performed assigned duties;<br />

(b) Whether the employee was performing assigned duties immediately preceding<br />

the emergency and, if not, this should be fully explained;<br />

(c) A full description <strong>of</strong> the particular emergency act performed by the employee;<br />

and<br />

(d) The extent <strong>of</strong> the employee's diversion from duty in terms <strong>of</strong> time and<br />

distance.<br />

(2) In disability cases a statement should be obtained from the injured employee setting<br />

forth the same information required <strong>of</strong> the <strong>of</strong>ficial superior. Statements from co-workers or<br />

other witnesses to the injury should also be obtained, when needed to clarify situations<br />

where the evidence submitted by the <strong>of</strong>ficial superior and the injured employee is unclear or<br />

in conflict. The parties should set forth the same information required <strong>of</strong> the <strong>of</strong>ficial<br />

superior and should show how they acquired the information.<br />

b. Personal Acts.<br />

(1) Injuries sometimes occur while the employee is allegedly engaged in a personal act<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 177

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