 denotes special
FedupFeds pages in this site |
| CFR authority |
See TITLE
20 CHAPTER 1 SUBCHAPTER B PART 10 Subpart F -- Continuing
Benefits. See Region IV explanation, FECA Rehab and
Returning to Work |
| Agency contact with treating physicians limited |
Agency
contact with treating physician strictly limited! See OWCP 7/14/99 letter to USPS here (large download,
takes time but worth it. Print and post). Refers to 20 CFR 10.506 which applies to
ALL federal employees under OWCP. See Contacting Employee & Contacting Physician in CFR
changes |
| Suitable job offers & proper procedure for return to work |
On return to work--light duty--the bottom line is it all has to be
in writing, the job offer with specific physical requirements, and your response giving
your acceptance or reasons for rejecting it as unsuitable. According to CA-810 8-4 , OWCP notifies you if they consider the job offer suitable for
your limitations, and gives you 30 days to accept or give reasonable cause for refusing.
If they accept your refusal, your compensation continues. If they don't, they give
you another 15 days to accept it or lose compensation. OWCP has the control over what are suitable
job offers. You can look at a Job Offer Worksheet
from OWCP Region IX. The obligation to return to work when able is in 20 CFR 10.124.
There are provisions to compensate for a lower rate of pay. Also see "Returning
to suitable work" - Bert Doyle, NALC, May 1997. See also Restoration, Disability Retirement in Retirement |
| Accommodating other limitations |
ALL
medical limitations must be accommodated. See 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."
(Returning to work that would aggravate a separate condition would justify a new claim
if it resulted in additional need for treatment or time off.) |
| Rehabilitation? |
On rehabilitation, see CA-550 #
110, and CA-810 8-5.
Vocational Rehabilitation Services. See Rehabilitation Act of 1973 (amended).
See National Clearinghouse of
Rehabilitation Training Materials, very extensive. OWCP Redbook
contains administrative instructions for rehab counselors. |
| Terminating compensation, recurrences, and new injuries |
See Medical vs Non-medical Recurrences, including changes in work
assignment that would violate restrictions (special claim topic page) .
See Medical
vs Non-medical Recurrence of disability, including changes in work assignment that would violate
restrictions (special claim topic page)
See Abandonment
of job,
medical justifications and procedures
See Keeping medical treatment after refusing suitable job offer
See Accommodating all limitations for return to work from injury
See also relevant ECAB rulings on recurrences and terminating compensation in ECABS .
See also Certified Pain Practitioner Marilyn
Oakes, newsletters and other writings. Their work is in pain, rehabilition and
industrial safety. |
| TRAP
# 9: wrong procedure for return to work on light duty |
Mistakes here can cost you your health
as well as your job, home, or family. Use the CA-810 procedures. Accepting a
phone offer of alleged "light duty", or accepting a
written offer that is vague about exact duties fitting your doctor's limitations can
leave you working in pain, worsening your condition, and losing protections. Any
discussion about the suitability of the work must be in writing. Your boss has no
authority to cut your compensation; only OWCP can do that, and only for the situation
described in the CA-810. It's not your supervisor you have to convince; it's OWCP.
Here is where your medical limitations in the file make the
difference. Your doctor's statement of your medical
limitations on CA-17 (or on any paperwork for it) must cover ALL limitations.
This is what you have to refer to when you tell OWCP that a job offer is not within your
limitations and therefore unsuitable. Don't even think about arguing a
limitation that your own doctor did not include on CA-17 or other current report.
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