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60 FLRA No. 146
AFGE, Local 505 National INS Service Council and U. S. Dept. of Homeland Security, Bureau of Citizenship and Immigration Services, Los Angeles District, LA, CA (Moeller, Arbitrator) Case No. 0-AR-3855 (Decided March 28, 2005)
The Authority concluded that the award was not contrary to 5 U.S.C. §§ 8118-8122, which concerns compensation for on-the-job injuries. 5 U.S.C. § 8118 authorizes the payment of COP for an employee who has filed a claim for a period of wage loss due to a traumatic injury with his immediate superior on a form approved by the Secretary of Labor within 30 days.
The Union argued that, because the grievant informed her supervisor of her injury by e-mail within 30 days, her filing of Form CA-1 was timely and entitled her to receive COP, even though the form was filed 33 days after the grievant's injury. However, the Authority found nothing in the cited statutory provisions that would entitle an employee, who notifies her supervisor of an on-the-job injury by e-mail, to extend or waive the time period for filing Form CA-1. The Authority denied the Union's exception. The Authority also denied the allegation that the award failed to draws its essence from the parties' agreement, or that the Arbitrator exceeded his authority.