What (POD)factors need to be met in order for an injury to be deemed in the performance of duty (POD)?

TIP OF THE WEEK - August 5, 2014TIP OF THE WEEK - August 5, 2014

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FACTORS OF POD:

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ANSWER:

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The factors that determined whether an injury is said to have occurred in the "performance of duty" (POD) are:(1) Did the injury occurred during the course of employment, and(2) out of the employment.SCENARIO: Employee is at his/her desk preparing reports for staff meeting. The employee is approached by a co-worker and an altercation leaves the employee with a sprained wrist. It is determined that the altercation was related to an outside financial venture. Would this injury be considered in the performance of duty?

No, although the employee was at work and performing the duties of his/her job; the altercation did not arise from the work but from an non-work related activity. (If the altercation resulted due to an argument on how the reports were prepared than the injury may be considered in the POD).

REFERENCE: FECA PM 2-0804 Performance of Duty: http://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/FECA-PT2/group1.htm#20804

Reference: ECAB http://www.dol.gov/ecab/decisions/2014/May/14-0269.htmFECA PM: Chapter 2-0803, Fact of Injury para, 5: http://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/FECA-PT2/group1.htm#208034