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Printing - FECA-PT2 - National Association of Letter Carriers

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(1) If the claimant's refusal <strong>of</strong> the <strong>of</strong>fered job is not deemed justified, the CE must so<br />

advise the claimant and allow 15 additional days for him or her to accept the job (see<br />

Maggie L. Moore, Docket No. 90-1291, issued March 8, 1991). The notice should state that<br />

no further reason for refusal will be considered, but it need not include the reason for<br />

finding the claimant's refusal unjustified.<br />

If the claimant does not accept the job, the CE should prepare a formal decision which<br />

provides full findings <strong>of</strong> facts as to why claimant's reasons for refusing the job are deemed<br />

unacceptable and terminate compensation under Section 8106(c)(2) <strong>of</strong> the Act as <strong>of</strong> the<br />

end <strong>of</strong> the roll period. Such a decision should not be modified even if the claimant's medical<br />

condition later deteriorates and he or she claims a recurrence <strong>of</strong> total disability.<br />

(2) If the refusal is deemed justified, the CE should so notify both the claimant and the<br />

employing agency. The claimant will be continued on temporary total disability (TTD) while<br />

the CE contacts the agency concerning further attempts at placement. If the agency is<br />

unable to make any further job <strong>of</strong>fers, the CE should refer the case to the Rehabilitation<br />

Specialist (RS) for consideration <strong>of</strong> further vocational rehabilitation services.<br />

2-0814-6 Relocation Expenses<br />

6. Relocation Expenses. Section 10.123(f) <strong>of</strong> the Office's regulations provides that an injured<br />

employee who relocates to accept a suitable job <strong>of</strong>fer after termination from the agency rolls may receive<br />

payment or reimbursement <strong>of</strong> moving expenses from the compensation fund. This provision further<br />

states that Federal travel regulations addressing permanent change <strong>of</strong> duty station (PCS) moves will be<br />

used to determine whether expenses claimed are reasonable and necessary.<br />

a. Criteria for Payment. Relocation expenses are payable only to claimants who are no longer<br />

on the agency rolls. They are payable whether the claimant still resides in the locale where he or<br />

she last worked and is <strong>of</strong>fered employment in another area, or whether the claimant has moved<br />

away from the locale where he or she was employed and is <strong>of</strong>fered employment in either the<br />

original area or a different one. Expenses may be paid for relocation to a temporary job as long as<br />

it is expected to lead to a permanent assignment, but may not be paid for relocation to a<br />

temporary job which is not expected to lead to a permanent assignment. The distance between<br />

the two locations must be at least 50 miles, but the claimant is not required to demonstrate<br />

financial need for relocation expenses to be paid.<br />

b. Responsibilities.<br />

(1) District Office staff will adjudicate all requests for relocation. (The employing<br />

agency, however, has an advisory role with respect to the amounts payable; see<br />

subparagraph (3) below.) Where relocation is approved, the district <strong>of</strong>fice will pay or<br />

reimburse authorized expenses to the claimant or the employing agency.<br />

(2) <strong>National</strong> Office staff will handle all requests for advance payment from the<br />

compensation fund in cases where the employing agency cannot provide the money for the<br />

move from its own accounts, and the claimant has not already expended the funds.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 436

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