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Printing - FECA-PT2 - National Association of Letter Carriers

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2-0814 Exhibit 1: Sample <strong>Letter</strong> To Claimant--Refusal Of Employment<br />

Dear CLAIMANT NAME:<br />

You were <strong>of</strong>fered a position as a TITLE OF POSITION with NAME OF EMPLOYER, which is found by OWCP<br />

to be suitable to your work capabilities. This position is currently available to you. Upon acceptance <strong>of</strong><br />

this position, you will be paid compensation based on the difference (if any) between the pay <strong>of</strong> the<br />

<strong>of</strong>fered position and the pay <strong>of</strong> your position on the date <strong>of</strong> injury. You may still accept the position with<br />

no penalty.<br />

You have 30 days from the date <strong>of</strong> this letter to either accept the position or provide an explanation <strong>of</strong> the<br />

reasons for refusing it. At the end <strong>of</strong> 30 days, a final decision on this issue will be made. If you fail to<br />

accept the position, any explanation or evidence which you provide will be considered prior to determining<br />

whether or not your reasons for refusing the job are justified.<br />

Section 5 U.S.C. 8106(c)(2) <strong>of</strong> the Federal Employees' Compensation Act states that "A partially disabled<br />

employee who refuses or neglects to work after suitable work is <strong>of</strong>fered to, procured by, or secured for<br />

him is not entitled to compensation." Therefore, any claimant who refuses an <strong>of</strong>fer <strong>of</strong> suitable<br />

employment is not entitled to any further compensation for wage loss. Therefore, if you do not accept the<br />

<strong>of</strong>fered position, and do not show that the failure is justified, your compensation will be terminated.<br />

Sincerely,<br />

NAME OF SIGNER<br />

TITLE<br />

cc: Employing Agency<br />

2-0814 Exhibit 2: Sample <strong>Letter</strong> To Claimant Advising That Compensation Is Being Reduced<br />

Based on Actual Earnings<br />

Dear CLAIMANT NAME:<br />

You have recently been reemployed as a ______________________<br />

with wages <strong>of</strong> $000.00 per week. This employment was effective on 01/01/01.<br />

We are reducing [or terminating] your monetary compensation effective 01/01/01 based upon your actual<br />

earnings, as these fairly and reasonably represent your wage-earning capacity in accordance with 5 U.S.C.<br />

8115 (a).<br />

The enclosure explains the method <strong>of</strong> calculating your entitlement to monetary compensation. You are<br />

still entitled to payment <strong>of</strong> medical expenses for treatment <strong>of</strong> your work-related medical condition(s).<br />

You should notify this Office immediately if you stop working. Your notice should include the date <strong>of</strong><br />

termination and the reason you stopped working.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 454

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