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Printing - FECA-PT2 - National Association of Letter Carriers

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(4) Describes the manner in which the prohibition had been enforced and what<br />

disciplinary action, if any, had been taken against the employee or co-workers for prior<br />

violations.<br />

b. In disability cases the injured employee should be asked to submit a statement which:<br />

(1) Identifies the full range <strong>of</strong> assigned duties;<br />

(2) Shows whether the claimant was aware that an act prohibited by the employer was<br />

being performed and, if so, states how, when, and how <strong>of</strong>ten the employee was informed <strong>of</strong><br />

the rule;<br />

(3) Describes the particular act in which the employee was engaged at the time <strong>of</strong> the<br />

injury and whether, in the employee's opinion, this was within the general scope <strong>of</strong> the<br />

duties;<br />

(4) States whether the employee had previously violated this prohibition and, if so, this<br />

should be explained fully, including an opinion as to whether the employee's supervisors<br />

were aware <strong>of</strong> such violations; and<br />

(5) Includes any explanation which the employee believes would justify the violation <strong>of</strong><br />

the prohibition.<br />

c. Statements should also be obtained from co-workers or other witnesses which:<br />

(1) Describe what they know about the injury, the manner in which it was sustained,<br />

and the particular activity in which the employee was engaged at that time, and also how<br />

they acquired this knowledge;<br />

(2) State whether they were aware <strong>of</strong> the prohibition which was allegedly violated and, if<br />

so, they should state how, when, the number <strong>of</strong> times, and the manner in which they were<br />

informed <strong>of</strong> the prohibition; and<br />

(3) Describe the manner in which the prohibition had been enforced and what<br />

disciplinary action had been taken against the injured employee for prior violations.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 186

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