Printing - FECA-PT2 - National Association of Letter Carriers

2-0813-7 Communication Among the CE, the RS, the RC and the Claimant
7. Communication Among the CE, the RS, the RC, and the Claimant.
a. The CE should receive periodic reports from the RS on Form OWCP-3 whenever the status
of the case changes or a significant event occurs. While a vocational rehabilitation program may
take several months or more than a year, counselors are required to report monthly or bimonthly,
and the CE should request a status report by sending an OWCP-14 or short memo whenever the
rehabilitation process requires an amount of time for completion that exceeds the time frames set
forth in FECA PM Chapter 2-600 and OWCP PM Chapter 3-400.
b. The work tolerance limitations identified by the CE to the RS may change during the
vocational rehabilitation effort, and if this happens the CE should advise the RS of the change as
soon as possible. Under certain circumstances the RC may contact the claimant's physician and
discuss the work limitations, a situation which may result in their modification by the physician. If
the physician recommends more strict work limitations, the RC should submit these work
limitations to the CE through the RS. It is the CE and not the RS or RC who establishes the
accepted work limitations.
c. The CE should also notify the RS by short memo or OWCP-14 of any change in case status,
such as the termination or suspension of compensation, or any information in the record which
may directly affect the rehabilitation effort (e.g., a documented history of noncooperation).
d. Inquiries from Claimants. Claimants will sometimes query the RS or the RC about matters
in the domain of the CE, such as compensation entitlement or medical authorization. Similarly, the
CE may receive inquiries about vocational rehabilitation matters. Both rehabilitation and claims
personnel are responsible for referring the claimant to the proper individual when issues arise
which are not in the domain of the party addressed. No attempt should be made to address
questions outside one's own area of expertise and responsibility.
2-0813-8 Compensation Entitlement During Vocational Rehabilitation
8. Compensation Entitlement During Vocational Rehabilitation.
a. Section 8104(b) of the FECA provides that an individual undergoing an OWCP-approved
rehabilitation program is entitled to receive compensation at the rate for total disability, less any
earnings received from employment which is not undertaken as a specific part of the rehabilitation
program. The RS will advise the CE via Form OWCP-3 of the dates when the claimant is actually
enrolled in a vocational rehabilitation program and thus entitled to compensation at the rate for
total disability.
b. If the claimant is receiving a schedule award, such payments should continue unless the
claimant is also receiving an annuity from the Office of Personnel Management (OPM), in which
case the claimant should be advised that he or she cannot be provided with vocational
rehabilitation services while receiving an annuity from OPM (see FECA PM 2-808.7a(5) and FECA
PM 2-1000.6c). The claimant should be offered an election, and if he or she elects OWCP benefits,
the schedule award payments should be converted to payments for temporary total wage loss until
completion of the rehabilitation effort. If the claimant elects OPM benefits, the schedule award
FECA-PT2 Printed: 06/08/2010 411