Printing - FECA-PT2 - National Association of Letter Carriers

The specificity of the reasons offered and the claimant's diligence in advising the RC of the problem
should also be considered in evaluating reasons offered. Moreover, the CE must consider how
much the specific failure to cooperate will affect the overall success of the vocational rehabilitation
effort. For example, an automobile breakdown is a less plausible excuse for missing an
examination given only twice a year than for missing a testing session which can be scheduled for
the following week.
b. Issuing the Decision. Application of sanctions under 5 U.S.C. 8113(b) will result in suspension or
reduction of compensation unless and until the claimant demonstrates cooperation with vocational
rehabilitation efforts. This is true even when the next opportunity for actual cooperation will not
occur for several months and the claimant has stated that he or she will in fact comply with the
Office's requirements.
The decision should be geared to the specific stage of the vocational rehabilitation process--initial,
training, or placement. It should address the following:
(1) The nature of the specific failure or impedance;
(2) The contacts or dialogue among all parties, including the claimant, the RC, the RS,
the CE, and the vocational entity in question (e. g., the testing facility or company where
the claimant had an interview);
(3) The contents and date of the warning letter;
(4) Any reasons advanced by the claimant for failure to cooperate. Each reason should
be evaluated according to the criteria discussed in paragraph 12a above;
(5) The conclusion that the claimant's failure was without good cause, and that either:
(a) The rehabilitation effort would have resulted in a return to work with no loss
in wage-earning capacity (early stages); or
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