Printing - FECA-PT2 - National Association of Letter Carriers

(a) Assign or detail the employee to an identified position which is classified at a
lower salary level than that earned by the employee when injured.
(b) Change the employee to a lower grade, or to a lower rate of basic pay.
The employee must be furnished with documentation of the personnel action prior to its
effective date.
(2) The agency should report return to work at a light duty assignment. Form CA-3 may
be used for this purpose, but is not required. If the employee worked at a lower paying job
but received the full pay of his or her normal job, the difference between the employee's
regular pay and the pay for the light duty job represents COP paid.
b. Refusal of Job. Where the claimant refuses or fails to respond to an offer of work, the CE
must determine the suitability of the offered work and, where indicated, provide the employee an
opportunity to submit his or her reasons for the refusal. The following guidelines should be used
with respect to the payment of compensation following the 45-day COP period if the agency's
written job offer (including the description and physical requirements of the job) is received prior to
or with Form CA-7:
(1) If the duties and physical requirements of the offered work are not compatible with
the employee's work restrictions as established by the employee's attending physician, the
employing agency should be so advised and instructed to reinstate COP retroactive to the
date of termination. Compensation should be initiated, if appropriate, at the expiration of
the COP period. If the work restrictions established by the attending physician are not on
file, the employing agency should be asked by telephone to submit the report as soon as
possible.
(2) If the job is found to be suitable, the employee must be provided with the
opportunity to submit his or her reasons for the refusal within 30 days. Compensation need
not be initiated at the end of the COP period pending resolution of the issue, even if the
claimant's response indicates the need for further development by the CE (e.g., the
claimant makes an unauthorized change in physicians and submits prima facie evidence
from the second physician indicating that he or she cannot perform the offered work).
(a) If the claimant responds and the refusal is found to be justified, the agency
should be instructed to reinstate COP retroactively, and compensation should be paid
for any period of disability after COP ended.
FECA-PT2 Printed: 06/08/2010 291