The CE must make a finding of suitability, advise the claimant that the job is suitable and that refusal of it may result in application of the penalty provision of 5 U.S.C. 8106(c)(2), and allow the claimant 30 days to submit his or her reasons for abandoning the job. If the claimant submits evidence and/or reasons for abandoning the job, the CE must carefully evaluate the claimant's response and determine whether the claimant's reasons for doing so are valid.

     a.Examples. Situations where the Board held that the OWCP properly terminated compensation pursuant to Section 8106(c)(2) are described in:
          (1)Roy Bankston, 38 ECAB 380, where the claimant voluntarily retired two and a half years after he returned to work, and there was no evidence to indicate that he retired because of disability or health reasons;
          (2)Arquelio Pacheco, 40 ECAB 277, where the claimant resigned a modified light-duty position without good reason; and
          (3)James E. Kale, Docket No. 88-2031, issued May 22, 1991, where the claimant resigned from his limited-duty position "because it was going nowhere," and he preferred to go back to college.

     b.Claimant's Response.
          (1) If the claimant returns to work, a formal decision determining LWEC should be made after 60 days of reemployment.
          (2) If no reply is received from the claimant, the CE should prepare a formal decision which terminates any further compensation for wage loss (effective as of the end of the roll period), as well as compensation for permanent partial impairment to a schedule member, under Section 8106(c)(2) of the Act. The claimant's entitlement to payment of medical expenses for treatment of the accepted condition is not terminated.
          (3) If the claimant provides reasons for ceasing employment which do not constitute a claim for recurrence (see paragraph 9b(1) above), the CE must evaluate the reasons given.

      c. Acceptable Reasons for Abandonment. Reasons which the CE may accept include (but are not limited to):
          (1) The claimant found other work which fairly and reasonably represents his or her earning capacity (in which case compensation would be adjusted or terminated based on actual earnings). 
          (2) A subsequent medical condition prevents the claimant from continuing to perform the job.

      d. Unacceptable Reasons for Abandonment. Reasons which the CE should not accept include (but are not limited to) personal dislike of the position or the work hours, lack of potential for promotion, lack of job security, and retirement.

      e.Further Action. If it is not possible to determine whether a claimant's reason for abandonment is justified without further investigation of the issues, the CE should contact the claimant for clarifying information and set another 30-day deadline. The CE should also contact the employing agency to verify that the job remains available and to ask that the job remain open during this period. If the agency is unable or unwilling to honor this request, the CE must discontinue any further consideration of applying the sanction provided by Section 8106.
          (1)If the abandonment of the job is not deemed justified, the CE must so advise the claimant, and allow him or her 15 additional days to return to work. If the claimant does not do so, the CE should prepare a formal decision which provides full findings as to why the abandonment is deemed unacceptable and terminates compensation under Section 8106(c)(2) as of the end of the roll period. Such a decision should not be modified even if the claimant's medical condition later worsens and he or she claims a recurrence of total disability.
          (2)If the abandonment is deemed justified, the CE should so notify both the claimant and the employing agency. The claimant will receive compensation for temporary total disability (TTD) while the CE or Field Nurse contacts the agency concerning further attempts at placement. If the agency is unable to make any further job offers, the CE should refer the case to the Rehabilitation Specialist (RS) for consideration of further vocational rehabilitation services.