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Code of Federal Regulations Pertaining to ESA |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Filing Notices and Claims; Submitting Evidence |
20 CFR 10.115 - What evidence is needed to establish a claim?
- Section Number: 10.115
- Section Name: 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 Secs. 10.330 through 10.333.
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