20 C.F.R. § 10.115

What evidence is needed to establish a claim?

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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., 495 F. App'x 396 (5th Cir. 2012).

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Scott Beemer v. Eric Holder, Jr., 495 F. App'x 396 (5th Cir. 2012). “616 , requesting reconsideration, 5 U.S.C. § 8128 ; 20 C.”

Paul O. Wright v. United States Postal Serv. (MSPB 2016). “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 (D. Maryland 2021). “” (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 DNH 103 (D.N.H. 2016). “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 Dep't of Labor Has the Auth. to Control the Disclosure of Fed. Emp. Comp. Act Records Held by the United States Postal Serv. (OLC 2012). “, 20 C.F.R. § 10.115 (f) (requiring submission of medical report), and disclosure of such information may implicate significant individual privacy interests, cf.”

Auth. of the Dep't of Labor to Control the Disclosure of Fed. Employees' Comp. Act Records Held by the United States Postal Serv. (OLC 2012). “, 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.”

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