20 C.F.R. § 10.115

What evidence is needed to establish a claim?

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Forms CA-1, CA-2, CA-5 and CA-5b describe the basic evidence required. OWCP may send a request for additional evidence to the claimant and to his or her representative, if any; however the burden of proof still remains with the claimant. Evidence should be submitted in writing. The evidence submitted must be reliable, probative and substantial. Each claim for compensation must meet five requirements before OWCP can accept it. These requirements, which the employee must establish to meet his or her burden of proof, are as follows:

(a) The claim was filed within the time limits specified by the FECA;

(b) The injured person was, at the time of injury, an employee of the United States as defined in 5 U.S.C. 8101(1) and § 10.5(h) of this part;

(d) The injury, disease or death occurred while the employee was in the performance of duty; and

(e) The medical condition for which compensation or medical benefits is claimed is causally related to the claimed injury, disease or death. Neither the fact that the condition manifests itself during a period of Federal employment, nor the belief of the claimant that factors of employment caused or aggravated the condition, is sufficient in itself to establish causal relationship.

(f) In all claims, the claimant is responsible for submitting, or arranging for submittal of, a medical report from the attending physician. For wage loss benefits, the claimant must also submit medical evidence showing that the condition claimed is disabling. The rules for submitting medical reports are found in §§ 10.330 through 10.333.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2012–2021 · leading case: Scott Beemer v. Eric Holder, Jr.

Sort: Relevance Newest Treatment

Scott Beemer v. Eric Holder, Jr. (2012) ca5 “616 , requesting reconsideration, 5 U.S.C. § 8128 ; 20 C.”

Paul O. Wright v. United States Postal Service (2016) mspb “443 , ¶ 16 (explaining that, by awarding wage loss benefits to the appellant, OWCP made an implicit finding that the appellant’s compensable injury made her incapable of earning the wages she was receiving at the time of the injury); 20 C.F.R. § 10.115 (f) (stating that, to…”

Lamb v. Modly (2021) mdd “” (quotation omitted)); see also 20 C.F.R. § 10.115 (specifying medical documentation that claimant must provide in support of application).”

Renzi v. US DOL (2016) nhd “In support, she argues that the standard for supporting a new claim for benefits, 20 C.F.R. § 10.115 , is different from the standard for evidence to support a continuation of benefits, 20 C.”

Whether the United States Department of Labor Has the Authority to Control the Disclosure of Federal Employee Compensati (2012) olc “, 20 C.F.R. § 10.115 (f) (requiring submission of medical report), and disclosure of such information may implicate significant individual privacy interests, cf.”

Authority of the Department of Labor to Control the Disclosure of Federal Employees' Compensation Act Records Held by th (2012) olc “, 20 C.F.R. § 10.115 (f ) (requiring submis- sion of medical report), and disclosure of such information may implicate significant individual privacy interests, cf.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.