Printing - FECA-PT2 - National Association of Letter Carriers

(3) If the employee can work only part-time, the position must be reasonably available
on a part-time basis. A general finding of reasonable availability is not sufficient because a
position which can be obtained on a full-time basis may not be available on a part-time
basis. See Lewis Jackson, 32 ECAB 1225.
(4) When suitable year-round employment is not available, a seasonal job may be
selected for LWEC purposes. The file must support the finding that the job is performed on
a seasonal basis in sufficient numbers so as to be reasonably available. A seasonal job in
the private sector should not ordinarily be used to rate a claimant who is not working and
who resides in an area where year-round work is generally performed. The reasons for
using a seasonal job should be explained in a memorandum for the file.
d. Medical Suitability under Section 8115 (a). The CE is responsible for determining whether
the medical evidence establishes that the claimant is able to perform the job, taking into
consideration medical conditions due to the accepted work-related injury or disease, and any
pre-existing medical conditions. (Medical conditions arising subsequent to the work-related injury
or disease will not be considered.) If the medical evidence is not clear and unequivocal, the CE will
seek medical advice from the DMA, treating physician, or second opinion specialist as appropriate.
If the position selected is not eventually determined to be suitable, the CE should consider the
other positions listed by the RC and proceed as outlined above. If the CE concludes that no
position can be identified which is medically, vocationally and otherwise suitable, the claimant will
be deemed to have no current WEC. In this situation, the CE should prepare a memo explaining
the circumstances and recommending that efforts to establish a wage-earning capacity be
suspended.
e. Issuance of Decision.
(1) After selecting a position from those listed by the RC, and after determining that the
job is suitable and available, the CE should provide the claimant with a pre-reduction notice
as described in FECA PM 2-1400.6 and 7. This action should be taken within 30 days of
receipt of the RC's or RS's final report.
(a) If the claimant does not respond within 30 days of the notification of
proposed reduction, the CE should prepare a formal decision (Form CA-1048)
determining the claimant's WEC and reducing the compensation payments beginning
with the next periodic roll payment cycle.
(b) If the claimant does respond to the notification of proposed reduction, the CE
should consider the response and proceed with any further development necessary
(see FECA PM 2-1400.8).
(2) Tentative constructed LWEC determinations will not be made under any
circumstances. When a claimant is receiving compensation for total disability and evidence
shows that he or she is partially disabled, benefits must be paid at the rate for total
disability until a proper job selection can be made.
(3) If the CE recommends suspension of efforts to determine a WEC and the SCE
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