Workers - Council of Prison Locals - C-33

emplo)'er's o\\r investigation shou's disabilitv to exist). \\:here rhe medical et,idence is
later provided- hou'ever. CoP shail be reinstated retroactive to the date of termination;
*,t9ita evidence
,,-11]jn": from the treating ph'sician shou's rhar rhe emplovee is nor
drsaDled trom fus or her reqular position:
(3) Medical eviclence from the treating ph1'sician shorl,s that the emplovee is not
totally disabled- and the emplovee refuses a uiritten olfer of a sr-ritable alternati'e
position u'hich is approved by the artendins phvsician. If O\\,Cp later determines that
the position was not suitable- owcP u'ill diieci the emplol'er to grant the ernplol.ee
COP retroactive to the termination dare.
!1) Jhe emplol'ee returns ro rvork with no loss of pa1,:
(5) The employee's period of employment expires or emplo.,'inent is otSem,ise
tenninated (as established prior to the date of iniun,):
(6) OWCP directs rhe emplover to srop COp: anaror
(7) COP has been paid for 45 calendai du1,.r.
(b) An employe.r ma)' not interrupt or stop COP to u,hich the emplol,'ee is otheru,ise
entitled because of a disciplinary aciion. unllss a preliminary notice rvm issued to the
emplol'ee before the date of injury and the action t..o.n., final or otherq.ise takes effect
during the COP period.
(c) An employ'er camot othenvise stop CoP unless it does so for one of the reasons
found in this section or Sec. r0.220. w1rere an emproy'er stops cop- it must f.ire a
controversion q'ith owCP- setting forth the basis on u,hich it terminated Cop. no later
than the effective ciate of rhe terJination.
Sec' 10'223 Are there other circumstances under wirich OwCp ivill not authorize
pa)'ment of COP
When owCP finds that an empioyee or iris or her representati'e refuses or obstructs a
medical examination required b-v.' owcP. the rieht to iop is suspended until the refusal
or obstruction ceases. CoP alreadv paid or puy'ubl. for the period of suspension is
forfeited. If alreadl'paid" the CoP mav be iharged to annual or sick leave or considered
an overpa)'ment of pay. consistent ll,ith 5 U.S.C. 55g4.
Sec' l0'221 What happens if O\ ICP finds that the emplol,ee is nor entitled to Cop
after it has been paid
s'here owCP flnds that the emplovee is not entitled to Cop after it has been paid. the
emplol''ee may chose to have fte time charged to annual or sick leave- or considered an
o\/erpa)'ment of pay under 5 Ll.S.C. 5584. The emplover must correct anv deficiencies in
COP as direcred by OWCp.
Subpart D--Medical and Related Benefits
Emergency Medical Care
Sec' I0'300 W'hat are the basic rules for authorizing emergenc-v medical care
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