Payment Policy

The Postal Service will pay a death gratuity if the following applies:

1. The employee died from an injury sustained in the line of duty.
2. The injury was not caused by the following:
1. The willful misconduct of the employee,
2. The employee’s intention to bring about the injury or death of himself or herself or of another individual, or
3. Proximately the intoxication of the deceased employee.
3. The applications of the deceased employee’s personal representative under 5 U.S.C. § 8133(f) and 5 U.S.C. § 8134(a), and any application by individuals entitled to compensation in the case of death under 5 U.S.C. § 8133(a), are not denied because the Office of Workers’ Compensation Programs (OWCP) deems the circumstances of the deceased employee’s death disqualifying.

You must interpret and apply this MI consistently with the regulations, policies, and rulings of the following:

1. The Federal Employee’s Compensation Act (FECA).
2. OWCP.

You must apply terms such as, but not limited to, the following in accordance with their meaning under FECA and OWCP regulations, policies, and rulings:

1. Injury.
2. Line of duty.
3. Willful misconduct.
4. Caused.
5. Proximately caused.

You must refer any questions concerning the appropriateness of a death gratuity under this MI to the Postal Service’s law department.