Printing - FECA-PT2 - National Association of Letter Carriers

2-0813 Exhibit 4: Sample Letter to Claimant--Refusal to Participate in Placement
Dear CLAIMANT NAME:
The reports of your rehabilitation counselor, NAME OF COUNSELOR, indicate that you have refused to
participate in [or: obstructed] efforts to place you as a NAME OF OCCUPATION.
This kind of work was identified in the vocational rehabilitation plan approved by this Office [and you have
undergone training to prepare for it].
The rehabilitation counselor has advised that you have been poorly groomed for job interviews [or: have
stressed your disability for work, rather than your skills and abilities, during job interviews] [or: have
repeatedly failed to appear for job interviews], thus decreasing the likelihood that you will be offered
employment. However, the results of the tests performed by ________________________ [as well as
the training you have undergone] clearly show that you have the ability to pursue the line of work for
which placement efforts are under way.
The primary purpose of the rehabilitation effort is to assist you in returning to gainful employment, and
good-faith participation in placement efforts should lead to reemployment in the field identified during
your participation in the OWCP-sponsored vocational rehabilitation program.
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, including placement.
You are directed to begin [or: resume] good-faith participation in placement efforts sponsored by the
OWCP. You should contact me within 30 days from the date of this letter to make necessary
arrangements to resume such participation. The period of your entitlement to receive placement
assistance will not exceed a total of 90 days.
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
placement effort and reduce your compensation under the provisions of Section 8113 (b) of the FECA to
reflect your probable wage-earning capacity had you participated [or: continued to participate] in
placement efforts.
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 427