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Printing - FECA-PT2 - National Association of Letter Carriers

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40th day <strong>of</strong> COP with supporting medical evidence.<br />

h. Return to Duty. The agency is responsible for advising the claimant <strong>of</strong> his/her obligation to<br />

return to work as soon as possible in accordance with the medical evidence.<br />

i. Termination <strong>of</strong> COP. The agency will terminate COP when disability ends, the 45-day period<br />

expires, or the employee returns to work, 20 C.F.R. 10.222.<br />

2-0807-9 Controversion<br />

9. Controversion. 20.C.F.R. 10.221. The employing agency may controvert a claim on the basis <strong>of</strong><br />

the information submitted by the employee or secured on investigation ("controvert" means to dispute,<br />

challenge, or deny the validity <strong>of</strong> the claim). The agency may controvert a claim by completing the<br />

indicated portion <strong>of</strong> Form CA-1 and submitting detailed information in support <strong>of</strong> the controversion to<br />

OWCP. Even though a claim is controverted, the employing agency must continue the employee's regular<br />

pay unless at least one <strong>of</strong> the conditions set forth below is met, in which case the employing agency shall<br />

not pay COP:<br />

a. The disability is a result <strong>of</strong> an occupational disease or illness, not a result <strong>of</strong> a traumatic<br />

injury, 20 C.F.R. 10.220(a);<br />

b. The claimant's status as an employee is defined by 5 U.S.C. 8101(1)(B) or (E);<br />

c. The employee is neither a citizen nor a resident <strong>of</strong> the United States or Canada (i.e., a<br />

foreign national employed outside the United States or Canada), 20 C.F.R. 10.220(b);<br />

d. The injury occurred <strong>of</strong>f the employing agency's premises and the employee was not<br />

engaged in <strong>of</strong>ficial "<strong>of</strong>f-premises" duties, 20 C.F.R. 10.220(e);<br />

e. The injury resulted from the employee's willful misconduct, the employee's intention to<br />

bring about the injury or death <strong>of</strong> himself or herself or <strong>of</strong> another person, or the employee's<br />

intoxication by alcohol or illegal drugs, which includes any controlled substance obtained or used<br />

without proper medical prescription, 20.C.F.R. 10.220(f);<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 282

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