Printing - FECA-PT2 - National Association of Letter Carriers

Claims Examiner (CE) to understand and implement the provisions of the FECA pertaining to continuation
of pay (COP), which are found at 5 U.S.C. 8118, and to make initial payments in a timely manner.
2-0807-2 Statutory Provisions
2. Statutory Provisions. Effective September 7, 1974, the FECA was amended to authorize the
employing agency to continue an employee's pay for a period not to exceed 45 calendar days of disability,
pending the OWCP's determination of the employee's claim for compensation. COP applies only to
traumatic, disabling injuries occurring on or after November 6, 1974 and reported on an OWCP claim form
within 30 days.
The intent of the COP provision is to eliminate interruption in the employee's income for the period
immediately following a job-related traumatic injury, not to increase the amount of compensation. The
COP provision eliminates interruption of pay for the great majority of employees injured on or after
November 6, 1974.
2-0807-3 COP Defined
3. COP Defined. COP is the continuance of the employee's regular pay for a period not to exceed 45
calendar days of disability. 20.C.F.R. 10.200.
a. Disability. The employee is entitled to continued pay when he or she is totally disabled for
work, or partially disabled for work, with reassignment by personnel action to a lower grade or
position with lower rate of pay.
b. Lost Elements of Pay. If the effects of the injury require that an employee lose elements of
pay (e.g., the assignment of a night shift worker to a day shift in order to perform prescribed light
duty), COP should be granted for the lost elements of pay (e.g., the night differential).
c. Light Duty. Informal assignment of light or restricted duties, without a personnel action and
without loss of pay, is not counted as continued pay under section 8118 and does not decrease the
number of days available to the claimant. 20 C.F.R. 10.217.
d. Relationship to Compensation. COP during the 45-day period is not considered
compensation as defined by 5 U.S.C. 8101(12) and therefore is subject to income tax, retirement
and other deductions. 20 C.F.R. 10.200(a). Other benefits provided under the FECA during the
45-day period, however, such as medical care and transportation, are considered compensation.
2-0807-4 Traumatic Injury
4. Traumatic Injury. A traumatic injury is defined as a condition of the body caused by a specific event or
incident, or series of events or incidents, within a single workday or shift. Such condition must be caused
by external force, including stress or strain, which is identifiable as to time and place of occurrence and
member or function of the body affected. 20 C.F.R. 10.5(ee). Such an injury is distinguishable from an
occupational disease or illness in that the latter is produced by systemic infection; continued or repeated
stress or strain; exposure to toxins, poisons, or fumes; or other continued or repeated exposure to
conditions of the work environment over more than one work day or shift. 20 C.F.R. 10.5(g).
The following examples should aid in distinguishing between a traumatic injury and an occupational
illness:
FECA-PT2 Printed: 06/08/2010 276