Revisions to the FECA Manual-Part 4 of 4 Abandonment of a Suitable Job

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.