Non-work
related limitations are among the factors OWCP must consider in deciding whether a job
offer is suitable for return to work. This is from http://fedupfeds.org/subpartf.htm
Rules and Evidence
Sec. 10.500 What are the basic rules governing continuing receipt of compensation benefits
and return to work?
(a) Benefits are available only while the effects of a work-related
condition continue. Compensation for wage loss due to disability is available only for any
periods during which an employee's work-related medical condition prevents him or her from
earning the wages earned before the work-related injury. Payment of medical benefits is
available for all treatment necessary due to a work-related medical condition.
(b) Each disabled employee is obligated to perform such work as he or
she can, and OWCP's goal is to return each disabled employee to suitable work as soon as
he or she is medically able. In determining what constitutes ``suitable work'' for a
particular disabled employee, OWCP considers the employee's current
physical limitations, whether the work is available within the employee's
demonstrated commuting area, the employee's qualifications to perform such work, and other
relevant factors. (See Sec. 10.508 with respect to the payment of relocation
expenses.)
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This is from Making a Valid Job
Offer, in Claims Quarterly June 1998 (Region VI in Jacksonville, FL):
| "One issue that must be
considered, and this is probably more relevant in long term periodic roll cases, is the
presence of a new medical condition that has arisen since the injury. If an employee has
acquired a new medical condition since the time of the injury, that condition must be
taken into account when reviewing the position for suitability. If restrictions stemming
from the new medical condition are not met by the job offer, this office cannot find the
position suitable, even though the condition is not work related."
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This is
from FECA Rehab and
Returning to Work, When an offer is refused (Revion VI in Jacksonville, FL):
OWCP will investigate
the refusal and reasons given to determine if the offered job is suitable
employment; meaning, the job is offered correctly and all duties fall within the
established work
restrictions (due to both the work injury and concurrent, non-injury-related conditions). |
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