D.D. and Department of the Air Force, Mission Training Complex Command, Tinker Air Force Base (Board decision, February 5, 2026)

ECAB final decision. The Board affirmed OWCP’s May 7, 2025 denial of continuation of pay. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

An Air Force inventory management specialist reported a February 27, 2025 injury on April 2, 2025. The Board found that he filed the injury claim more than 30 days after the incident. It upheld denial of continuation of pay under the filing deadline.

Decision snapshot

• Authority: Federal Employees’ Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
• Outcome: Continuation of pay denied because the injury claim was filed after 30 days.
• Key point: A traumatic injury claim must be filed within 30 days to qualify for continuation of pay.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.D., Appellant
)
)
and ) Docket No. 26-0042
) Issued: February 5, 2026
DEPARTMENT OF THE AIR FORCE,
)
MISSION TRAINING COMPLEX COMMAND,
)
SUPPLY CHAIN MANAGEMENT, TINKER
)
AIR FORCE BASE, OK, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

DECISION AND ORDER

Before:
ALEC J. KOROMILAS, Chief Judge
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On October 16, 2025 appellant filed a timely appeal from a May 7, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP). Pursuant to the Federal Employees’ Compensation Act1 (FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction over the merits of this case.2

ISSUE

The issue is whether appellant has met his burden of proof to establish entitlement to continuation of pay (COP).

1
5 U.S.C. § 8101 et seq.
2
The Board notes that, following the May 7, 2025 decision, OWCP received additional evidence. The Board’s Rules of Procedure provides: “The Board’s review of a case is limited to the evidence in the case record that was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the Board for the first time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional evidence for the first time on appeal. Id.
FACTUAL HISTORY

On April 2, 2025 appellant, then a 47-year-old inventory management specialist, filed a traumatic injury claim (Form CA-1) alleging that on February 27, 2025 he injured his left shoulder, right lower back, neck, and ears during a motor vehicle accident while in the performance of duty. He did not stop work. On May 7, 2025 OWCP accepted the claim for sprain of the ligaments of the lumbar spine, cervical radiculopathy, and lumbar radiculopathy.

By decision dated May 7, 2025, OWCP denied appellant’s claim for COP, finding that he had not reported his injury on an OWCP-approved form within 30 days of his February 27, 2025 employment injury. It further noted that the decision affected only his entitlement to COP and did not affect his entitlement to other compensation benefits.

LEGAL PRECEDENT

Section 8118(a) of FECA authorizes COP, not to exceed 45 days, to an employee who has filed a claim for a period of wage loss due to a traumatic injury with his or her immediate superior on a form approved by the Secretary of Labor within the time specified in section 8122(a)(2) of this title.3 This latter section provides that written notice of injury shall be given within 30 days.4 The context of section 8122 makes clear that this means within 30 days of the injury.5

OWCP’s regulations provide, in pertinent part, that to be eligible for COP, an employee must: (1) have a traumatic injury which is job related and the cause of the disability and/or the cause of lost time due to the need for medical examination and treatment; (2) file Form CA-1 within 30 days of the date of the injury; and (3) begin losing time from work due to the traumatic injury within 45 days of the injury.6

ANALYSIS

The Board finds that appellant has not met his burden of proof to establish entitlement to COP.

Appellant filed written notice of his February 27, 2025 traumatic injury on a Form CA-1 on April 2, 2025. As noted above, to be eligible for COP, a claimant must file a Form CA-1 within 30 days of the date of injury.7 Because appellant filed his Form CA-1 on April 2, 2025, more than 30 days after the February 27, 2025 date of injury, the Board finds that he has not met his burden of proof.

3
Supra note 1 at § 8118(a).
4
Id. at § 8122(a)(2).
5
G.C., Docket No. 25-0726 (issued September 12, 2025); E.M., Docket No. 20-0837 (issued January 27, 2021);
J.S., Docket No. 18-1086 (issued January 17, 2019); Robert M. Kimzey, 40 ECAB 762, 763-64 (1989); Myra Lenburg, 36 ECAB 487, 489 (1985). 6 20 C.F.R. § 10.205(a)(1-3); see also T.S., Docket No. 19-1228 (issued December 9, 2019); J.M., Docket No. 09- 1563 (issued February 26, 2010); Dodge Osborne, 44 ECAB 849 (1993); William E. Ostertag, 33 ECAB 1925 (1982). 7 Id. See also A.B., Docket No. 25-0205 (issued January 28, 2025).

2
Appellant may submit new evidence or argument with a written request for reconsideration to OWCP within one year of this merit decision, pursuant to 5 U.S.C. § 8128(a) and 20 C.F.R.
§§ 10.605 through 10.607.

CONCLUSION

The Board finds that appellant has not met his burden of proof to establish entitlement to COP.

ORDER

IT IS HEREBY ORDERED THAT the May 7, 2025 decision of the Office of Workers’ Compensation Programs is affirmed.

Issued: February 5, 2026
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

3