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(b) Cooperation with the training would probably have substantially increased the claimant's earnings (training and placement phases). The case status should remain PR, even if compensation is reduced, since no formal LWEC decision has been issued. c. Multiple Instances of Failure to Cooperate. A claimant who fails to cooperate with the OWCP more than once during the course of vocational rehabilitation should not be rated for LWEC. Rather, he or she should be given progressively more serious sanctions for the second and subsequent instances of non-cooperation if he or she does not resume cooperation after issuance of a warning letter, and good reasons for failure to cooperate are not provided. For example: early in January 1994 a claimant repeatedly and without explanation fails to appear for vocational testing, and after appropriate warning and assessment of the response, compensation is suspended at the end of February. In mid-March, the claimant states willingness to cooperate, and actually does undergo the testing as directed in April. Compensation is then reinstated retroactive to mid-March. A plan is developed, and the claimant is placed in a one-year training program beginning in September. The claimant misses the deadline for registration, and again, after appropriate warning and assessment of the response, compensation is reduced (to the rate for partial disability, reflecting the job for which the training program is to prepare the claimant) in October. In mid-November, the claimant states willingness to resume cooperation, and compensation (at the rate for total disability) is reinstated retroactive to that date when the claimant registers for the next trimester in January 1995. In February, the RC reports to the OWCP that the claimant has been absent from school for two weeks without explanation. A warning letter is issued, but the claimant does not reply to it, and compensation is once again reduced (to the partial disability rate) in March. The claimant immediately contacts the OWCP, promises to resume attendance at school, and promptly does so. Instead of accepting the return to school as a demonstration of cooperation, however, the OWCP determines that in light of previous instances of non-cooperation, the claimant must complete the trimester (which ends in April) before compensation payments are resumed (again at the rate for total disability). 2-0813-13 Occupational Rehabilitation Programs 13. Occupational Rehabilitation Programs. Services which help the injured worker return to work through the use of abbreviated workdays or altered job duties are known as Occupational Rehabilitation Programs (ORPs). a. Kinds of ORPs. The two kinds of ORPs are as follows: (1) Return to Work (RTW) ORPs are intended for claimants who were injured more than 60 days ago, have not worked for at least 30 days, and are returning to a particular job and employer with defined duties, including transitional duties. RTW ORPs are highly structured, job oriented, goal-directed, individualized, and interdisciplinary. They are intended to maximize the claimant's ability to return to work. Real or simulated work activities are used FECA-PT2 Printed: 06/08/2010 420
in conjunction with graded conditioning tasks to aid the transition between acute care and return to work. (2) Work Readiness (WR) ORPs are used when no specific job is available with a known employer. Services provided have the potential to improve the claimant's work options. These programs are highly structured, individualized and interdisciplinary. They are designed to evaluate and treat the claimant's physical, behavioral, and vocational functions. These programs includes real or simulated job-specific work tasks with modifications. A job site visit and follow-up monitoring may be included. The WR-ORP uses many of the tests, evaluations, and restorative services used in the RTW-ORP, but the job skill requirements under this category are less well defined. The goal in most cases is to maximize potential job options rather than prepare for a FECA-PT2 Printed: 06/08/2010 421
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LIST OF CHAPTERS PART 2 - CLAIMS (I
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which may be useful to the CE. b. C
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d. Continuation of Pay. An employee
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o. Review of OWCP Decisions. Under
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2-0300 COMMUNICATIONS TABLE OF CONT
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2-0300-4 Regular Correspondence 4.R
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(b) Formal Decision. If a formal de
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If the information requested cannot
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eferred to the NOO for adjudication
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2-0400-6 Requesting Files 6. Reques
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the file. This process should mainl
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2-0400-10 Case Transfers and Loans
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2-0401 AUTOMATED SYSTEM SUPPORT FOR
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names and addresses is optional. By
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PW: Entitled to payment on periodic
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AM/C1: Condition accepted. Up to $1
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full appeal rights, and the adjudic
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B Both A Aggravation 2-0402 SECURIT
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a. Signatures. The CE must review c
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(a) The particular issues about whi
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c. Review by DD. Upon receipt of th
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disposition, a report, enclosing th
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2-0500 CONFERENCING TABLE OF CONTEN
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necessary to identify the official(
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2-0500-6 Senior CE Actions 6. Senio
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2-0500-9 Due Process 9. Due Process
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This chapter outlines the major ste
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(d) Been notified that OWCP will pr
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2-0600-4 Initial Actions 4. Initial
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2-0600-5 Nurse Services 5. Nurse Se
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assess the claimant's environment a
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(4) Timely responses to telephone c
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for guidance in composing such ques
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(4) Only if the CE has taken these
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(1) RS Actions. If the claimant agr
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(3) Absent such a recovery, the OWC
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(c) After any training or other pre
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under way and the CE determines tha
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2-0600 Exhibit 1: Sample Letter to
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2-0600 Exhibit 3: Example of Letter
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2-0600 Exhibit 5: Planning Chart fo
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period, and each new recurrence. a.
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a. QCM Screen. When the QCM screen
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(c) Confirmation of Data. After ent
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(1) NFN*--Referred to Field Nurse.
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2-0601-6 Effect of RTW on QCM Statu
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2-0601 Exhibit 1: Disability Tracki
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SRE Referred to SrCE for Conference
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21. FECA Death Gratuity 4/10 10-06
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. Claimant. The claimant is respons
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2-0700-6 Adjudication 6. Adjudicati
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(3) If the parties lived apart for
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(3) If the child does not begin pos
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Compensation was terminated effecti
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. Dependency Criteria. The test of
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(3) Proof of physical or mental inc
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The CE should prepare a memorandum
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. Employee Status. The $200 payment
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(b) Form CA-1617 should be released
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2-0700-20 Gratuity 20. Gratuity fro
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2-0700 Exhibit 1: Percentages of En
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2-0800-2 Definitions 2. Definitions
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. Employing Agency. The FECA requir
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claimant, the CE should send a copy
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(3) The case must be coded as withd
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entire group of cases must be adjud
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2-0800-10 Investigation 10. Investi
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2-0800-13 Affirmative Defense 13. A
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2-0801 TIME TABLE OF CONTENTS Parag
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5 U.S.C. 8122 on the ground that no
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(4) If a claim is not received by O
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(1) Disappearance During a Period o
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2-0802 CIVIL EMPLOYEE TABLE OF CONT
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2-0802-1 Purpose and Scope 1. Purpo
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(1) The precise time when the worke
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2-0802-8 Contract Job Cleaners Used
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2-0802-13 Volunteer Workers with th
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(1) Whether, prior to the transfer
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. The pay rate for compensation pur
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2-0802-24 U.S. Park Police and Secr
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a participant or crew leader servin
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2-0803 FACT OF INJURY TABLE OF CONT
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2-0803-4 Development of Factual Evi
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2-0804 PERFORMANCE OF DUTY TABLE OF
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time before or after the end of the
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(a) A diagram showing the boundarie
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d. Workers in a Travel Status. (1)
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2-0804-6 To and From Work 6. To and
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(a) The reason the employee was req
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(1) At the time of the injury, the
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(1) Martha G. List, 26 ECAB 200. Em
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duty, the CE may approve the case.
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action taken; and (4) Statements fr
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2-0804-14 Statutory Exclusions 14.
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would justify such disobedience. (c
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(2) The official superior should al
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c. Development. (1) It is the CE's
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such as soliciting new members or c
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c. Performance Ratings. The Board r
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Where an employee asserts that emot
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The Board noted that Cannon was unl
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Since both cases involve procedures
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Ashberry's disability was not compe
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no longer be considered so in light
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2-0804-18 Employing Agency Physical
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f. This matter was initially addres
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compensation would be payable for t
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limited to the period of work-relat
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(6) Certain other kinds of cases re
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(2) A nurse becomes disabled by pul
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the body originally injured is term
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2-0806 OCCUPATIONAL ILLNESS TABLE O
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2-0806-1 Purpose and Scope 1. Purpo
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the following steps, depending on w
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(4) Exposure to and Identification
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While records of past medical treat
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the medical connection between lift
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(b) The medical evidence presented
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2-080 Exhibit 2: Sample Letter to C
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TITLE _____________________________
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eason, you should call or write to
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9. [FREE FLOW IF DESIRED] We may wr
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If you do not understand any part o
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stressful situations in your person
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TITLE FECA-PT2 Printed: 06/08/2010
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I am writing in reference to your c
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We may write directly to a physicia
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2-0806 Exhibit 20: Sample Questions
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TA Amputation TB Back strain TC Con
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(D )Other Disability, Occupational
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a. Traumatic Injury. If an air traf
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2-0807-6 Period of Entitlement 6. P
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d. Return to Duty. The injured empl
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f. The injury was not reported on a
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W = Total number weeks worked P/W =
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COP is paid for the entire period o
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(c) When the physician's report ind
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(a) Assign or detail the employee t
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. Monitoring the Claim. (1) If Form
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(4) If conflicting information appe
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a. Permanent Total Disability (PTD)
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(1) Prior to December 7, 1940. No p
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(2) Impairment due to amputation is
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. Claims for Increased Schedule Awa
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compensation for temporary total di
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Medical. 2-0809-2 Introduction 2. I
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CE is ready to evaluate the evidenc
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the physician with a complete pictu
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(3) Personal habits such as smoking
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games or operating a construction b
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Jane Doe, date of birth 04/06/1965,
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elated to the employee’s duties;
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16. Physical Therapy 04/01 01-06 03
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evaluating the merits of medical re
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situation where ten days earlier th
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each opinion. The value of the evid
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manipulation of the body. They incl
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. The DMA's performance of these fu
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evidence from physicians who have n
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e. In cases involving a preexisting
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(1) The consultant should be asked
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value). Based on the results of thi
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However, if the impartial specialis
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2-0810-13 Exclusion of Medical Evid
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Leanna Garlington, 37 ECAB 849). Re
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(d) A suggested supplier, if any. (
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need for further treatment as detai
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2-0810-18 Transfer of Medical Care
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2-0810 Exhibit 1: Information from
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Dear CLAIMANT NAME: We need the fol
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2-0810 Exhibit 3: General Guideline
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2-0810 Exhibit 5: Sample Paragraph
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2-0810 Exhibit 7: Letter of Warning
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In addition, a primary goal of case
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(3) Release Form CA-1008 and Pamphl
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a. Where disability is present, the
Page 369 and 370: f. If the evidence obtained as a re
Page 371 and 372: eligible for disability benefits. A
Page 373 and 374: f. Physician's estimate of the date
Page 375 and 376: 2-0812 PERIODIC REVIEW OF DISABILIT
Page 377 and 378: 2-0812-1 Purpose and Scope 1. Purpo
Page 379 and 380: determine the status of dependents
Page 381 and 382: whether disability is related to th
Page 383 and 384: earnings or activity is in question
Page 385 and 386: eferred to the Office of Inspector
Page 387 and 388: . Suspension of Compensation. OWCP
Page 389 and 390: certification clauses on the CA-103
Page 391 and 392: SI Payment/Entitlement Suspension i
Page 393 and 394: with the return to work effort. CFF
Page 395 and 396: should be placed in a PN status. OP
Page 397 and 398: force. 10. If the business has had
Page 399 and 400: I am writing in follow up to the Fo
Page 401 and 402: 2-0812 Exhibit 6 - Periodic Entitle
Page 403 and 404: Service. On 03/14/2003, the claiman
Page 405 and 406: Authorized Medical Care for Substan
Page 407 and 408: a. OPM's regulations on retention r
Page 409 and 410: d. To identify cases for early inte
Page 411 and 412: 2-0813-7 Communication Among the CE
Page 413 and 414: d. Cooperative Agreement. The title
Page 415 and 416: ehabilitation process. 2-0813-11 Fa
Page 417 and 418: (2) To reduce compensation in this
Page 419: The specificity of the reasons offe
Page 423 and 424: (1) Where the claimant cannot perfo
Page 425 and 426: 2-0813 Exhibit 2: Non-Cooperation W
Page 427 and 428: 2-0813 Exhibit 4: Sample Letter to
Page 429 and 430: 2-0814 REEMPLOYMENT: DETERMINING WA
Page 431 and 432: Exhibits 1. Sample Letter to Claima
Page 433 and 434: . Preliminary Assessment of Positio
Page 435 and 436: (b) If the attending physician cont
Page 437 and 438: (3) The employing agency will be as
Page 439 and 440: e. Payment/Reimbursement of Relocat
Page 441 and 442: have no appeal rights attached. c.
Page 443 and 444: were not reported to OWCP or were o
Page 445 and 446: (3) If the employee can work only p
Page 447 and 448: this instance the CE will need to e
Page 449 and 450: d. Unacceptable Reasons for Abandon
Page 451 and 452: closure of an installation, cessati
Page 453 and 454: Code, and returns to duty under ret
Page 455 and 456: If you receive an increase in pay o
Page 457 and 458: 2-0814 Exhibit 3: Sample Letter To
Page 459 and 460: RATE DATE FOR SCHEDULE AWARDS 01/10
Page 461 and 462: (1) Kinds of Appointments. The Post
Page 463 and 464: year, in the teaching profession, w
Page 465 and 466: (b) Census enumerators; (c) Casual
Page 467 and 468: The CE should consider these factor
Page 469 and 470: The greatest of these pay rates wil
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the Department of Veterans Affairs
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degree of expense, hardship, and in
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(2) Basic bi-weekly pay x premium p
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2-0900-9 Computing Daily Pay Rate 9
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2-0900-11 Computing Monthly Pay Rat
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The salary for these employees may
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2-0901 COMPUTING COMPENSATION TABLE
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2-0901-2 Related Topics 2. Related
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(4) A GS-12 CE or designated CE may
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2-0901-4 Factors in Computing Compe
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(3) For schedule award payments, th
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(4) Compensation payable for less t
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2-0901-9 Special Determinations 9.
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2-0901-11 Maximum Compensation 11.
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payment. a. Beginning Date. Schedul
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(3) ( ) (a) is capable of earning (
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automatic pay increases. For exampl
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claimant to a higher pay rate under
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(a) the beneficiary's maintenance,
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Letter CA-1208 to the claimant, wit
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01/01/76 4.4 10/10/76 18.96-28.44 9
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01/02/2000 44.98-67.47 224.91-337.3
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10/07/79 144.56 722.78 - (2,891.12)
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*Calendar Days 01/01/2001 3.3 365 1
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PERCENTAGE TABLE OF SCHEDULE AWARDS
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2-0901 Exhibit 6: Activity Codes AC
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12. Tennessee Valley Authority 02/9
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. Death Benefits. When compensation
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(3) Certification. The CE should ha
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elected, refer the case to the inac
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(b) If there is accrued compensatio
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Centers, and DVA Hospitals. If the
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(b) The claimant may be entitled to
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d. Obtaining Elections--Educational
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(3) The CE must advise the claimant
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c. Injuries On and After September
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Based on information contained in t
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2-1000-16 Benefits for Judicial Off
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(a) Calculate the number of weeks w
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I. Claimants must elect between Fed
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2-1000 Exhibit 2: OPM Contact List
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When a third party is or may be leg
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(6) Ltr. CA-1109, Authorization to
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7. Administration of Third Party Ca
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(3) If not accurate or complete, th
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the DCE, is urgent should be sent i
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(3) Provide the claimant or attorne
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for a course of action. All formal
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In any other case, where a judgment
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(b) 5 percent of the total to be al
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To determine the amount to be liste
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(6) Section 8133(a) of the FECA pro
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(2) The initial demand letter in an
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of the employee. The USPS cannot re
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not be referred to the FEEWC until
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FECA-PT2 Printed: 06/08/2010 581
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a. Under 5 U.S.C. § 8127(b) and in
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. Should an application be submitte
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and the requested fee is reduced du
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2-1200 Exhibit 1: Sample Formal Dec
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2-1300 LUMP SUM PAYMENTS TABLE OF C
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2-1300-3 Requests for Lump-Sum Paym
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2-1300-4 Calculating Lump-Sum Sched
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2-1300 Exhibit 2: Sample Appealable
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3. REVIEW BY THE EMPLOYEES' COMPENS
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SIGNATURE _________________________
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We have received your request for a
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2-1400 DISALLOWANCES TABLE OF CONTE
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2-1400-1 Purpose and Scope Purpose
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a. Initial Disallowances. Such disa
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(1) Failure to Appear for Medical A
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(1) The name and location of the em
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injury caused no disability for wor
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(3) A specific service which the cl
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2-1400-7 How to Issue Pre-Terminati
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(a) The case is being referred beca
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(a) Compensation is being terminate
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. Source of Advice. District office
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usual rate, i.e., 75 percent of the
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objective findings to support your
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2-1400 Exhibit 3: Sample Notice of
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2-1400 Exhibit 4: Sample Letter Con
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2-1400 Exhibit 6: Sample Notice of
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2-1400 Exhibit 8: Sample Letter Con
Page 639 and 640:
2-1400 Exhibit 10: Sample Letter De
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2-1500 RECURRENCES TABLE OF CONTENT
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(d) Closure of a base or other faci
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(1) The medical evidence needed to
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c. Case Management. The CE should c
Page 649 and 650:
emains the same regardless of wheth
Page 651 and 652:
2-1600 REVIEW PROCESS TABLE OF CONT
Page 653 and 654:
c. Formal Decision. Chapter 2-1400
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Page 657 and 658:
the request. H&R will acknowledge r
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spouse or child prevents his or her
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OWCP shall pay fees requested by wi
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2-1601-9 Cases Returned from H&R 9.
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2-1601 Exhibit 2: Sample Letters Ac
Page 667 and 668:
Exhibit 3, page 1 of 3: Hearing Not
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Exhibit 3, page 3 of 3: Hearing Ins
Page 671 and 672:
2-1601 Exhibit 5: Request for Comme
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2-1602 RECONSIDERATIONS TABLE OF CO
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2-1602-2 Policy 2. Policy. The foll
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d. Decision. An untimely applicatio
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percentage of the award under the S
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(2) The cover letter to the agency
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2-1602 Exhibit 1: Sample Letter Ret
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Dear CLAIMANT NAME: We have reviewe
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2-1602 Exhibit 5: Sample Compensati
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2-1603 APPEALS TABLE OF CONTENTS Pa
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d. Timeliness of Filing. A person r
Page 693 and 694:
2-1603-6 Cases Returned to District
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2-1700 SPECIAL ACT CASES TABLE OF C
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2-1700-4 Peace Corps 4. Peace Corps
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(2) Staff Spouses. (a) The spouses
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Compensation for loss of wages may
Page 703 and 704:
(3) Return from Service Abroad. d.
Page 705 and 706:
Section 5 U.S.C. 8101(4), which pro
Page 707 and 708:
(1)While at a Job Corps Center, an
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(1)Enrollees are required to report
Page 711 and 712:
coverage under 5 U.S.C. 8101. b. Co
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Page 715 and 716:
2-1800-2 Authority 2. Authority. Ho
Page 717 and 718:
determined by the type of vehicle,
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greatest current fair market value
Page 721 and 722:
Such certification from an architec
Page 723 and 724:
over $10,000, and that amount must
Page 725 and 726:
2-1800-7 Housing Modifications for
Page 727 and 728:
send an approval letter along with
Page 729 and 730:
By signing this agreement, all part
Page 731 and 732:
By signing this agreement, all part
Page 733 and 734:
Memorandum of Agreement - Modificat
Page 735 and 736:
Memorandum of Agreement - Housing M
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