Printing - FECA-PT2 - National Association of Letter Carriers

(b) If the attending physician continues to state that the claimant should not
perform the duties of the offered position, and a second opinion specialist states that
claimant can in fact perform those duties, then a conflict in the medical evidence
exists as to whether the position offered can be considered suitable.
(c) If, after a referral to an impartial medical specialist, the claimant is found to
be medically able to perform the duties of the job in question, the claimant must be
advised of this finding and told that the Office will apply the sanctions of Section
8106(c) for continued refusal to accept the job (see James F. Banks, Docket No.
90-1413, issued February 12, 1991).
(5) The medical evidence establishes that the claimant is unable to travel to the job because of
residuals of the injury. (However, the expenditures of a claimant who is able to travel but requires
special arrangements to do so may be reimbursed as a vocational rehabilitation expense.)
b. Acceptable Reasons for Refusal When Claimant is No Longer on Agency's Rolls. A claimant
may be on both the agency's rolls as a matter of employment status and OWCP's rolls for purposes
of compensation payment at the same time. For claimants no longer on the agency's rolls--that is,
who have been separated by formal personnel action--the following are also considered acceptable
reasons for refusing the offered job:
(1) The claimant will lose health insurance coverage by accepting the job. (If the
offered job is not classified at the same grade level as the date of injury job, the employing
agency should be asked to offer the job at a pay rate lower than the date of injury job, so
that compensation will be payable and OWCP can retain the claimant's health insurance
enrollment.)
(2) The claimant is already working, and the job fairly and reasonably represents his or
her WEC, whether or not a formal rating is in place.
(3) The claimant has moved, and a medical condition (either pre-existing or subsequent
to the injury) of the claimant or a family member contraindicates return to the area of
residence at the time of injury.
c. Unacceptable Reasons for Refusal. Reasons which may not be considered acceptable for
refusing the offered job include (but are not limited to): the claimant's preference for the area in
which he or she currently resides; personal dislike of the position offered or the work hours
scheduled; lack of potential for promotion; lack of job security; retirement; and previously-issued
rating for LWEC based on a constructed position where the claimant is not already working at a job
which fairly and reasonably represents his or her WEC.
d. Further Action. If it is not possible to determine whether a claimant's reason for refusal is
justified without further investigation of the issues, the CE should contact the claimant for
clarifying information and set another 30-day deadline. The employing agency should be contacted
again and asked to keep the job open during this period. If the agency is unable or unwilling to do
this, the CE must discontinue any further consideration of applying the sanction provided by
Section 8106.
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