Printing - FECA-PT2 - National Association of Letter Carriers

2-0813 Exhibit 3: Sample Letter to Claimant--Refusal to Participate in Training
Dear CLAIMANT NAME:
We have been advised that you have refused to participate in an OWCP-approved training program in
____________________________________ as recommended by your rehabilitation counselor, NAME OF
COUNSELOR.
The rehabilitation counselor has advised that you have not undertaken the training because you feel it is
beyond your ability. However, the results of the tests and evaluations performed by
___________________________________ clearly show that you have the ability to successfully
complete the training program.
The primary purpose of the rehabilitation effort is to assist you in returning to gainful employment, and
participation in the training program will provide you with the knowledge and skills necessary for a
placement effort in the field of ___________________________________.
Section 8113(b) of the Federal Employees' Compensation Act states that a claimant must undergo
vocational rehabilitation when OWCP so directs, unless there is a good reason not to do so. If the
claimant does not undergo vocational rehabilitation as directed, and the OWCP finds that the claimant's
wage-earning capacity would likely have increased a great deal, OWCP may reduce the claimant's
compensation. The amount of the reduction will be based on what the claimant would probably have
earned had he or she undergone vocational rehabilitation.
You are directed to undergo the training program in _________________________, which has been
approved by the OWCP. You should contact me within 30 days from the date of this letter to make
necessary arrangements to enter the training program.
If you believe you have good reason for not participating in this effort, you should so advise this Office
within 30 days from the date of this letter. Give the reasons for this belief and submit any evidence in
support of your position.
If you do not comply with the instructions contained in this letter within 30 days, we will end the
rehabilitation effort and reduce your compensation under the provisions of Section 8113 (b) of the FECA
to reflect your probable wage-earning capacity had you completed the training program in
__________________________.
If you have any questions, please contact this Office using the address or telephone number shown above.
Sincerely,
CLAIMS EXAMINER
FECA-PT2 Printed: 06/08/2010 426