Printing - FECA-PT2 - National Association of Letter Carriers

2-0813-1 Purpose and Scope
1. Purpose and Scope. This chapter explains the procedures for referring partially disabled claimants
for vocational rehabilitation services and describes the services which may be provided. (A fuller
discussion of services may be found in OWCP PM Part 3, Rehabilitation, Chapter 3-200). This chapter also
addresses related topics such as restoration rights with the Federal government and the effects of
substance abuse on the vocational rehabilitation effort. Finally, procedures for reducing monetary
compensation for failure to apply for and undergo vocational rehabilitation are explained.
2-0813-2 Introduction
2. Introduction. The Office of Workers' Compensation Programs (OWCP) emphasizes returning
partially disabled workers to suitable employment through vocational rehabilitation efforts, and
determining the worker's wage-earning capacity on the basis of that employment (see PM Chapter 2-814).
When it appears that the claimant's work-related injury will prevent return to the job held at injury,
vocational rehabilitation services are provided to assist the claimant in returning to suitable work. The
Federal Employees' Compensation Act (FECA) provides for the imposition of certain penalties against
workers who refuse vocational rehabilitation services.
2-0813-3 Policy
3. Policy. OWCP will make every reasonable effort to arrange for employment of a partially disabled
claimant, taking into consideration not only the effects of the injury-related condition and any condition(s)
pre-existing the injury, but also any medical condition(s) arising after the compensable injury. Such
efforts will be directed initially to the employing agency. Where reemployment with the employing agency
is not possible, OWCP will help the claimant secure work with a new employer. OWCP will also sponsor
vocational training if needed to furnish the claimant with necessary skills.
2-0813-4 Restoration Rights with the Federal Government
4. Restoration Rights with the Federal Government. Section 8151 of the FECA provides job retention
rights to Federal employees who have recovered either fully or partially from an employment-related
injury or illness, and who can perform the duties of the original job or its equivalent. The employing
agency must restore a permanent employee (i.e., one with career or career-conditional status) who
recovers within one year after beginning compensation to that position or its equivalent. This provision
does not apply to temporary or term employees.
If recovery occurs after one year, the employee is entitled to priority consideration, provided the
employee applies within 30 days of the date compensation ceases. Such claimants are assured that upon
their return to Federal employment, they will incur no loss of benefits which they would have received but
for the injury or disease. The Office of Personnel Management (OPM) is primarily responsible for enforcing
this section.
FECA-PT2 Printed: 06/08/2010 406