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Printing - FECA-PT2 - National Association of Letter Carriers

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d. Notice Not Required to Terminate Medical Benefits. Pre-termination notice is not needed<br />

when:<br />

(1) The physician indicates that further medical treatment is not necessary or that<br />

treatment has ended.<br />

(2) The OWCP denies payment for a particular charge on an exception basis. For<br />

example, disallowance <strong>of</strong> a bill because the treatment was not given for the accepted<br />

condition does not represent a termination <strong>of</strong> an authorization <strong>of</strong> medical benefits, and pretermination<br />

procedures do not apply.<br />

e. Notice Not Required to Suspend Compensation.<br />

Pre-termination notice is not needed before suspending compensation payments because the<br />

claimant did not undertake certain actions required by the OWCP, as follows:<br />

(1) Failure to report earnings from employment as required by 5 U.S.C. 8106(b);<br />

(2) Failure or refusal to seek or accept suitable employment as required by 5 U.S.C.<br />

8106(c);<br />

(3) Refusal to undergo a medical examination required by 5 U.S.C. 8123; or<br />

(4) Refusal to undergo treatment for substance abuse (see 5 U.S.C. 8113).<br />

(5) Conviction and imprisonment for a felony other than defrauding the <strong>FECA</strong> program<br />

(see 5 U.S.C. 8148).<br />

The CE must, however, notify the claimant <strong>of</strong> the legal basis for the action and the consequences<br />

<strong>of</strong> failure to comply, and provide the claimant an opportunity to comply with the OWCP's<br />

instructions, before suspending benefits.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 618

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