Printing - FECA-PT2 - National Association of Letter Carriers

. Preliminary Assessment of Position. On receipt of a copy of the written job offer, the Claims
Examiner (CE) should review it and consider the factors listed below in making a preliminary
assessment of whether the offered job is suitable. If none of these factors applies to the case and
the claimant has accepted the job, a formal finding of suitability need not be made.
(1) A job which involves less than four hours of work per day where the claimant is
capable of working four or more hours per day will be considered unsuitable.
(2) A job which represents permanent seasonal employment will generally be considered
unsuitable unless the claimant was a career seasonal or temporary employee when injured.
In locations where year-round jobs are scarce, however, a seasonal position may be
considered suitable for an employee who previously held a year-round job. In either case,
the job must reasonably represent the claimant's WEC.
(3) A temporary job will be considered unsuitable unless the claimant was a temporary
employee when injured and the temporary job reasonably represents the claimant's WEC.
Even if these conditions are met, a job which will terminate in less than 90 days will be
considered unsuitable.
(4) If medical reports in file document a condition which has arisen since the
compensable injury, and this condition disables the claimant from the offered job, the job
will be considered unsuitable (even if the subsequently-acquired condition is not
work-related).
c. Advising the Claimant. After assessing the position, the CE must telephone the agency,
confirm that the job remains open to the claimant, document the file using Form CA-110, and then
advise the claimant in writing that:
(1) The job is considered suitable.
(2) The job remains open for the claimant.
(3) The claimant will be paid compensation for the difference (if any) between the pay
of the offered job and the pay of the claimant's date of injury job.
(4) The claimant can still accept the job with no penalty.
(5) The claimant has 30 days from the date of the CE's letter to either accept the job or
provide a written explanation of the reason(s) for refusing it.
(6) A claimant who unreasonably refuses an offer of suitable employment is not entitled
to any further compensation benefits (with the exception of medical expenses for
treatment of the accepted condition). A sample letter is included as Exhibit 1.
All of the foregoing is the responsibility of OWCP and cannot be delegated to the employing
agency.
FECA-PT2 Printed: 06/08/2010 433