[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR10.115]



[Page 21]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 10_CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION 

ACT, AS AMENDED--Table of Contents

 

        Subpart B_Filing Notices and Claims; Submitting Evidence

 

Sec.  10.115  What evidence is needed to establish a claim?



    Forms CA-1, CA-2, CA-5 and CA-5b describe the basic evidence 

required. OWCP may send any request for additional evidence to the 

claimant and to his or her representative, if any. 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 Sec.  10.5(h) of 

this part;

    (c) The fact that an injury, disease or death occurred;

    (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 Sec. Sec.  10.330 through 

10.333.