Printing - FECA-PT2 - National Association of Letter Carriers

(1) At the time of the injury, the deceased or injured employee was engaged in a
recreational activity organized and directed by the employing establishment and the
employee was being paid for participating, or
(2) The activity was required and prescribed as a part of the employee's training or
assigned duties.
It is the CE's responsibility to obtain this statement from the official superior.
b. Where injuries are sustained while the employee is engaged in a recreational activity under
other circumstances, the determination must be made at an adjudicative level above that of the
CE. In these cases, it is necessary to ascertain what benefit, if any, the employer derived from the
employee's participation in the activity, the extent to which the employer sponsored or directed the
activity, and whether the employee's participation was mandatory or optional. See ECAB decisions
in the cases of Donald C. Huebler, 28 ECAB 17, and Stephen H. Greenleigh, 23 ECAB 53. The CE
should require the official superior to submit a statement showing:
(1) Whether the employee was required to participate in the activity and, if so, the
reason or authority for such requirement should be given or otherwise explained. If the
participation was not mandatory, the official superior should explain fully whether
participation was optional or what degree of persuasion was used to influence the
employee's participation;
(2) What specific benefit the employer derived from the employee's participation in the
activity (increasing employee morale is not considered a direct benefit);
(3) Whether other employees were required, persuaded, or permitted to participate in
the activity and, if so, this should be explained;
(4) Whether the employee's participation in the activity violated any rules or regulations
of the employer and, if so, these should be explained, including discussion of the manner in
which the rule or regulation was enforced;
(5) Whether the injury occurred on the employer's premises and during the employee's
regular working hours and, if not, this should be explained; and
(6) What leadership, equipment, or facilities the employer provided for the activity.
c. In disability cases, the injured employee should be required to submit a statement
showing:
(1) Whether the employer required or persuaded the employee to participate in the
activity and, if so, this should be explained;
(2) Whether other employees were required or persuaded to participate in the activity;
and
(3) Whether the injury occurred during regular working hours or on the employer's
FECA-PT2 Printed: 06/08/2010 179