Printing - FECA-PT2 - National Association of Letter Carriers

(d) Been notified that OWCP will provide vocational rehabilitation assistance
leading to re-employment, either in the private sector or with another government
agency. Because the claimant will be able to return to work, benefits will be
adjusted to reflect an LWEC.
(2) The importance of issuing this decision within one year stems from Section 5 U.S.C.
8151(b)(1) of the Federal Employees' Compensation Act, which provides that:
the department or agency which was the last employer shall immediately and
unconditionally accord the employee, if the injury or disability has been overcome within
one year after the date of commencement of compensation or from the time compensable
disability recurs if the recurrence begins after the injured employee resumes regular
full-time employment with the United States, the right to resume his former or an
equivalent position....
It is therefore critical that re-employment with the original agency, or a finding of capability
for such re-employment, be made within one year of the date that wage loss begins, after
the expiration of any COP. The same policy applies to recurrences of compensable
wage-loss disability. PM Chapter 2-0813 contains further information about the one-year
time limit.
(3) Within two years of the date wage loss began, most claimants who did not return to
work with their employing agencies will either be:
(a) Receiving the assistance which will allow them to take other employment.
OWCP will make entitlement decisions based on the selected jobs, regardless of
actual employment status; or
(b) Issued decisions stating that they have no wage-earning capacity.
2-0600-3 Responsibilities of Claims Examines (CEs)
3. Responsibilities of Claims Examiners (CEs). This paragraph addresses CEs' responsibilities in
managing cases. Brief but timely inquiries and reminders to physicians, employing agencies, and RNs are
often very effective. CEs are to:
a. Focus on Return to Work. Each contact with the claimant, employing agency, attending
physician, and any second opinion physician should be used to inform the party about the need for
return to work or ask for information which will further this goal. This approach will minimize
handling early in the life of the case.
b. Initiate Interventions and Services. [Sometimes, however, automated selection criteria are
used to identify cases for attention from the OWCP nurse (RN) or Rehabilitation Specialist (RS)].
c. Request Medical Information. The CE will need to ask for supplemental reports from
attending physicians, arrange referrals for second opinion or referee examinations when needed,
and obtain clarification of these reports when required. (Procedures for developing and evaluating
medical
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