TIP OF THE WEEK - August 5, 2014

1. TIP OF THE WEEK - August 5, 2014 What (POD)factors need to be met in order for an injury to be deemed in the performance of duty (POD)? FACTORS OF POD: 1. 2.

2. ANSWER: • The factors that determined whether an injury is said to have occurred in the "performance of duty" (POD) are: (1) Did the injury occurred during the course of employment, and (2) out of the employment. SCENARIO: Employee is at his/her desk preparing reports for staff meeting. The employee is approached by a co-worker and an altercation leaves the employee with a sprained wrist. It is determined that the altercation was related to an outside financial venture. Would this injury be considered in the performance of duty? • No, although the employee was at work and performing the duties of his/her job; the altercation did not arise from the work but from an non-work related activity. (If the altercation resulted due to an argument on how the reports were prepared than the injury may be considered in the POD). REFERENCE: FECA PM 2-0804 Performance of Duty: http://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/FECA-PT2/group1.htm#20804 Reference: ECAB http://www.dol.gov/ecab/decisions/2014/May/14-0269.htm FECA PM: Chapter 2-0803, Fact of Injury para, 5: http://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/FECA-PT2/group1.htm#208034 If you have a question or topic for Tip of the Week, contact your District 6 Liaison, Jacksonville, FL