Printing - FECA-PT2 - National Association of Letter Carriers

termination of compensation where the claimant voluntarily retired two and a half years
after he returned to work, and there was no evidence to indicate that he retired because of
disability or health reasons). See Stephen R. Lubin, 43 ECAB 564 (1992) (ECAB noted that
the employee's election to receive retirement benefits was not a valid reason for refusing an
offer of suitable work). See also B.C., Docket No. 08-1274 (issued May 11, 2009) (“To the
extent that appellant refused the position because she was pursuing a disability retirement,
the Board notes that retirement is not an acceptable reason for refusing an offer of suitable
work.”).
(2) Where the claimant resigned a modified light-duty position without good reason. See
Arquelio Pacheco, 40 ECAB 277. See also Jerry Inman, Docket No. 03-476 (issued April 24,
2003) (The claimant alleged that coworkers had treated him poorly when he returned to the
previous light-duty position and that the employing establishment failed to provide him with
information regarding his status in the event of a reduction-in-force. ECAB held that issues
of job security were not acceptable reasons for refusing an offered position.).
(3) Where the claimant resigned from his limited-duty position "because it was going
nowhere" and he preferred to go back to college. See James E. Kale, Docket No. 88-2031,
issued May 22, 1991. See also Donald A. Reynolds, Docket No. 00-2682, (issued August 17,
2001) (At the time of his work stoppage, appellant indicated that he was resigning his
position because he desired to finish his degree).
b. Claimant's Response.
(1) If the claimant returns to work, a formal decision determining LWEC should be made
after 60 days of reemployment.
(2) If no reply is received from the claimant, the CE should prepare a formal decision
which terminates any further compensation for wage loss (effective as of the end of the roll
period), as well as compensation for permanent partial impairment to a schedule member,
under Section 8106(c)(2) of the Act. The claimant's entitlement to payment of medical
expenses for treatment of the accepted condition is not terminated.
(3) If the claimant provides reasons for ceasing employment which do not constitute a
claim for recurrence (see paragraph 9 b(1) above), the CE must evaluate the reasons given.
c. Acceptable Reasons for Abandonment. Reasons which the CE may accept include (but are
not limited to):
(1) The claimant found other work which fairly and reasonably represents his or her
earning capacity (in which case compensation would be adjusted or terminated based on
actual earnings).
(2) A subsequent medical condition prevents the claimant from continuing to perform
the job.
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