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

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• An injured employee who cannot return to the position held at the time of injury (or earn equivalent wages) due to the work-related injury, but who is not totally disabled for all gainful employment, is considered to be partially disabled. (20 CFR § 10.402). • An employer may offer suitable employment to a partially disabled employee. (20 CFR § 10.507). GOAL: RETURN TO WORK IN A JOB THE EMPLOYEE CAN DO.
“Suitable Employment” Issues Employee Responsibilities • Accept/Seek suitable work Employer Responsibilities • Offer employment that the employee is capable of performing i.e. work within medical restrictions that employee is vocationally qualified to perform • Locate suitable work within commuting area or confirm none is available OWCP’s Role • Develop evidence • Determine suitability • Provide notice in accordance with DOL regulations and ECAB case law • Provide appeal rights if OWCP terminates wage loss/schedule benefits
Page 1 and 2: Federal Workers’ Compensation Con
Page 3: 5 USC § 8106(c) • A partially di
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 and 22: Terminating Benefits • After OWCP
Page 23 and 24: ECAB Case Law • OW O.W., Docket N
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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