Printing - FECA-PT2 - National Association of Letter Carriers

Whether a fall at work is idiopathic or unexplained will usually be determined on the basis of
the medical evidence. If the medical evidence shows that the employee's fall was caused
by a non-occupational, preexisting physical condition, it is idiopathic and not compensable.
Absent such evidence, the fall is unexplained and compensable.
CEs should carefully read the List and Evans decisions, as they illustrate the difference between
idiopathic and unexplained falls.
2-0804-10 Assault Cases
10. Assault Cases. Where the injury or death is caused by the assault of another person, it is
necessary to establish to the extent possible whether the assault was accidental, arose out of an activity
directly related to the work or work environment, or arose out of a personal matter having no connection
with the employment. In the case of a personal matter, the evidence must show whether it was
materially and substantially aggravated by the work association. An assault occurring off the agency's
premises and outside of work hours may be compensable if it arose for reasons related to the
employment.
a. It is the responsibility of the CE to obtain copies of any police reports which may have been
made. Statements should also be obtained from the official superior and co-workers or other
witnesses showing:
(1) Whether there was any animosity between the injured or deceased employee and
the assailant by reason of a personal association away from work and, if so, this should be
explained fully; and
(2) A full description of the events and circumstances which immediately preceded, led
up to, and resulted in the assault.
b. A similar statement should be obtained from the assailant, if possible, and in disability
cases, from the injured employee.
2-0804-11 Horseplay
11. Horseplay.
a. An employee injured during horseplay is considered to be in the performance of duty if the
horseplay was of a character that could reasonably be expected where a group of workers is
thrown into personal association for extended periods of time. In such cases, it is important to
determine whether the particular activity was one that was a reasonable incident of the
employment or was an isolated, unanticipated event which could not reasonably have been
expected to result from the workers' close association.
The CE must also consider whether the horseplay may have constituted a prohibited activity;
resulted from the employee's intoxication, willful misconduct, or intention to bring about self-injury
or injury to another; or occurred while the employee was so removed from assigned duties in point
of time or space as to be removed from the course of employment.
b. If there is sufficient evidence to properly find the injury was sustained in the performance of
FECA-PT2 Printed: 06/08/2010 182