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Printing - FECA-PT2 - National Association of Letter Carriers

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2-0804-18 Employing Agency Physical Fitness Programs<br />

18. Employing Agency Physical Fitness Programs. A number <strong>of</strong> employing agencies have instituted<br />

structured Physical Fitness Programs (PFPs), which typically include agency-appointed fitness<br />

coordinators, physical assessment tests and structured exercise while <strong>of</strong>f duty. If the employee's position<br />

requires that a certain level <strong>of</strong> fitness be maintained, work time may be allocated for exercise. Employees<br />

enrolled in PFPs maintain logs <strong>of</strong> their program exercises and report to fitness coordinators, who have<br />

been trained by the agency to monitor progress and to give advice on matters related to physical fitness.<br />

Considering the degree <strong>of</strong> agency management, support and encouragement <strong>of</strong> PFPs, and the expressed<br />

benefits to the government anticipated from employee participation, employees enrolled in a PFP are in<br />

the performance <strong>of</strong> duty for <strong>FECA</strong> purposes while doing authorized PFP exercise, including <strong>of</strong>f-duty<br />

exercises performed under the auspices <strong>of</strong> the fitness program.<br />

a. Injuries and occupational diseases arising from participation in an employing agency's PFP<br />

are compensable under the <strong>FECA</strong>. Participation will not always occur during regular work hours,<br />

and not always on the employing establishment's premises.<br />

b. Employees who are injured while exercising or participating in a recreational activity during<br />

authorized lunch or break periods in a designated area <strong>of</strong> the employing establishment premises<br />

have the coverage <strong>of</strong> the Act whether or not the exercise or recreation was part <strong>of</strong> a structured<br />

PFP. Injuries which occur during the use <strong>of</strong> fitness and recreational facilities furnished by the<br />

employing establishment outside <strong>of</strong> <strong>of</strong>ficial work hours, on or <strong>of</strong>f the premises, are not<br />

compensable if the employee was not participating in a structured PFP. The mere fact that the<br />

employing establishment allows employees to use its facilities on their own time does not create a<br />

sufficient connection to the employment to bring any resulting injury within the coverage <strong>of</strong> the<br />

Act.<br />

c. All Forms CA-1 which attribute an injury to PFP activity must be accompanied by a<br />

statement from the employee's supervisor indicating that the employee was enrolled in the PFP,<br />

and that the injury was sustained while the employee was performing authorized exercises under<br />

the program. An assessment test provided as a part <strong>of</strong> the program or in a related screening<br />

process is considered a program-authorized exercise. The employee's supervisor must verify that<br />

the facts are as described on Form CA-1. If the statement from the supervisor is not submitted<br />

with Form CA-1 it must be requested. The supervisor must obtain this information from the fitness<br />

coordinator.<br />

d. Where a Form CA-2 is filed claiming that an occupational disease is causally related to the<br />

PFP participation, the employee is required to state specifically what activities caused the condition.<br />

A statement must be obtained from the supervisor showing what exercises were approved to<br />

ensure that the activities performed were authorized under the program.<br />

e. All employees in a PFP must receive medical clearance to participate. CEs must request a<br />

copy <strong>of</strong> the medical examination report in every case.<br />

2-0804-19 Deleterious Effects <strong>of</strong> Medical Services Furnished by the Employing Establishment<br />

19. Deleterious Effects <strong>of</strong> Medical Services Furnished by the Employing Establishment. Public Law No.<br />

79-658, approved August 8, 1946, authorized Federal agencies and government-owned and controlled<br />

corporations to establish, by contract or otherwise, health service programs to provide health services for<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 209

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