Expiration of COVID-19 FECA Claims

 We just received a bulletin from the Office of Workers’ Compensation regarding COVID 19 FECA claims.  As you are aware, On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law. This legislation streamlined the process for federal workers diagnosed with COVID-19 to establish coverage under the FECA.  Employees did not have to establish a direct nexus between the diagnosis and exposure to work.  They simply needed to show that they had been at the workplace within 21 days of the diagnosis.

 The ARPA legislation contained language limiting the period of coverage to on or prior to January 27, 2023.  Any claim for which COVID-19 is diagnosed between January 27, 2020, and January 27, 2023, will continue to be processed in accordance with the guidelines established under the ARPA.

 Since there is clear Congressional intent to end the specialized treatment of COVID-19 claims for Federal workers’ compensation on January 27, 2023, OWCP is updating its procedures to provide that claims for COVID-19 diagnosed after that date must establish the five basic elements for adjudication set forth in the FECA regulations.

 Any USPS COVID 19 FECA claims filed for a diagnosed case of COVID 19 after January 27, 2023 will be subject to all the requirements of any other claim for a work related injury.