The employee may - 15th Annual Federal Workers' Compensation ...

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Appealing OWCP’s Decision i • OWCP’s formal decision terminating benefits is accompanied by an explanation of the employee’s rights to further administrative review. • Employee may appeal the termination by: 1. Requesting reconsideration before the OWCP district office based on new evidence or legal arguments OR 2. Hearing (telephonic or in person) or review of the written record before an OWCP hearing representative OR 3. Appeal to the Employees’ Compensation Appeals Board (ECAB).
ECAB Case Law • OW O.W., Docket No. 06-1607 (Issued February 2, 2007). [OWCP must consider preexisting and subsequently acquired [medical] conditions in evaluating the suitability of an offered position.] • M.B., Docket No. 06-1787 (issued April 1, 2009). OWCP erred in terminating compensation benefits without positive evidence showing job offer in the location where the employee currently resided was not possible or practical-- ECAB reversed a suitability determination on a job offer 400 miles away.
Page 1 and 2: Federal Workers’ Compensation Con
Page 3 and 4: 5 USC § 8106(c) • A partially di
Page 5 and 6: “Suitable Employment” Issues Em
Page 7 and 8: All MEDICAL CONDITIONS MUST BE Cons
Page 9 and 10: Employee Responsibilities •If an
Page 11 and 12: Making an Offer of Suitable Work
Page 13 and 14: The Job Offer • The job offer mus
Page 15 and 16: Job Offer: OWCP’s Two Notices •
Page 17 and 18: Acceptable Reasons for Refusal •
Page 19 and 20: Job Offer: Referee Examination •
Page 21: Terminating Benefits • After OWCP
Page 25 and 26: ECAB Case Law • MK M.K., Docket N
Page 27 and 28: After Your Training i
Page 29 and 30: Additional Guidance • DOL Website

The employee may - 15th Annual Federal Workers' Compensation ...

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