TIP OF THE WEEK - March 31, 2014

1. TIP OF THE WEEK - March 31, 2014 Are all injuries that occur in an agency’s parking lot considered in the performance of duty?

2. ANSWER: Not all injuries that occur on agency property are covered under FECA SCENARIO: Employee was injured @ 7:00am in the agency parking lot. His regular work hours are 7:00 a.m. through 3:30 p.m. The employee had parked his vehicle and then realized he had left his cell phone. He then returned to his personal vehicle to retrieve a cellphone, when he slipped and injured left leg. The employing agency controverted his claim indicating he did not file his claim within 30 days of his injury and he was not in the performance of duty. (see the link below for case details) Do you think the employee was in the performance of his duty? The Board (ECAB) finds that the incident did not arise in the performance of duty…..In order for an injury to be considered as arising out of the employment, the facts must show establish that the injury occurred within a reasonable time interval of work and that a substantial employer benefit was derived or a work requirement gave rise to the injury. While the incident occurred on the premises of the employing establishment, the incident did not occur during his scheduled work hours nor was he injured while performing any duties in connection with his employment as a police officer. Rather, appellant was on a personal mission to retrieve a personal item from his automobile outside of scheduled work hours.” Take away: It is important to get the details of an incident a challenge/controversion may be in order. REFERENCE: http://www.dol.gov/ecab/decisions/2014/Jan/13-1730.pdf You may also want read: http://www.dol.gov/ecab/decisions/2014/Jan/13-1804.htm another POD issue. The incident occurred prior to the end of the work shift. If you have a question or topic for Tip of the Week, contact your District 6 Liaison, Jacksonville, FL