OWCP has revised the FECA Manual regarding job
offers. This article concentrates on Abandonment of a Suitable Job.
Formal
Loss of Wage Earning Capacity, (LWEC) issued:
If a formal LWEC has been issued, OWCP must
develop the evidence to determine if modification of the LWEC is appropriate.
No
formal Loss of Wage Earning Capacity, (LWEC) issued:
If no formal LWEC has been issued and a claimant returns to work and then stops working
and submits a claim for compensation, OWCP must make a finding of suitability.
OWCP should evaluate any evidence submitted by
the claimant and the reasons for the work stoppage.
If the evidence does not establish a
recurrence and OWCP has determined the job is suitable, OWCP must advise the
claimant that the job is suitable and that refusal of the job offer may result
in the penalty provision of 5 U.S.C. §8106(c). OWCP should also advise the
claimant of the evidence necessary to establish a recurrence of disability.
OWCP must allow the claimant 30 days to submit his or her response.
If the claimant receives OWCP’s letter and then
returns to work, OWCP should write the claimant and explain the basis for his/her
ongoing compensation (if any).
OWCP will then monitor the claimant’s employment
so a formal LWEC determination (if appropriate) can be made after the claimant
has worked 60 days.
If the claimant receives OWCP’s letter and does
not respond, OWCP will issue a formal decision under §8106 (c) of the Act which
terminates any further compensation for wage loss as well as any entitlement to
a schedule award.
The claimant’s entitlement of medical expenses
for treatment of the accepted condition is not terminated.
If the claimant receives OWCP’s letter and
provides a response, OWCP must carefully evaluate the response. OWCP should
evaluate whether a recurrence has been established by the claimant.
If the criteria to establish a recurrence are
met, the claim for recurrence should be accepted and no further action will be
taken with regard to abandonment of suitable work.
If the criteria to establish a recurrence are
not met, OWCP must evaluate the reasons given for the work stoppage.
Insufficient
reasons for job abandonment (not a complete list):
The claimant elects to receive disability
retirement rather than working in suitable employment;
The claimant resigned a modified light duty
position without good reason; and
The claimant resigned from his light duty
position to go back to college.
If it is not possible for OWCP to determine if a
claimant’s reason(s) for abandonment are justified, OWCP should take action to
develop the evidence.
If OWCP determines that the abandonment is
justified, OWCP should notify the claimant and the employing agency in writing. The
claimant would be entitled to compensation benefits while OWCP contacts the
employing agency concerning further attempts at reemployment.
OWCP may also refer the claimant for vocational
rehabilitation services for assistance with the placement effort.
If a recurrence has not been established and the
abandonment of the job is not deemed justified, OWCP must advise the claimant
and the employment agency and allow the claimant an additional 15 days to
return to work.
If after receiving the letter from OWCP awarding
an additional 15 days the claimant returns to work, OWCP should issue a letter
explaining the claimant’s right to compensation (if any).
The return to work will be monitored by OWCP so
that if appropriate, a forma LWEC can be made
after the claimant has worked 60 days.
If after receiving the letter from OWCP awarding
an additional 15 days the claimant does not return to work, OWCP will issue a
formal decision under §8106 (c) of the Act which terminates any further compensation for wage loss as well as any entitlement to a schedule award.
The claimant’s entitlement of medical expenses for treatment of the accepted condition is not terminated.
The formal decision should include a description
of the initial return to work and subsequent work stoppage, a detailed
discussion of any development actions taken and any evidence received in
response and an explanation as to why the evidence received was insufficient to
establish both a recurrence of disability and an inability to perform the
duties of the position.
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