Return to Work
Return to Work
A. Responsibilities: Claimant and Employing Agency
B. OPM Retention Rights
C. Offers of Employment
D. Preliminary Assessment
E. Advising the Claimant
F. Claimant’s Response
G. Refusal of Job Offer
H. Acceptable Reasons for Refusal
Return to Work
I. Unacceptable reasons for refusal
J. Further Action
K. Abandonment of Job
L. Acceptable Reasons for Abandonment
M. Unacceptable Reasons for Abandonment
N. Relocation Expenses
O. Case Study
Return to Work = Goal
• The primary goal of the Office of Workers’
Compensation Programs (OWCP) is to return injured
workers to suitable employment (RTW) either with
their original employing agency (EA) or with a
company in the private sector.
• OWCP is not a disability retirement program.
Injured Worker’s Responsibilities
• To seek or accept suitable employment.
• To resume federal employment if capable.
• To provide physician with information on any
available light duty.
• To participate fully in the vocational rehabilitation
effort (providing information, attending meetings and
testing, etc.)
Employer’s Responsibilities
When the claim is filed:
• Maintain contact with injured worker (IW).
• Monitor IW’s duty status and prospective date
of RTW.
• If alternative positions are available for a
partially disabled employee, advise IW in writing
of specific duties and physical demands.
• Where no alternative position is available with
current restrictions, continue to monitor the
medical condition and advise IW of any
accommodation(s) EA can make.
Form CA-17
• Form CA-17 - Duty Status Report: This form is provided for
purpose of obtaining a medical duty status report for IW. It
may be issued initially with Form CA-16.
• Supervisor/Employing Agency completes agency portion by
describing physical requirements of IW’s job and noting
availability of light or limited duty.
• EA can send to physician at any time during life of claim (at
reasonable intervals).
Form CA-17
Retention Rights
• Under 5 U.S.C. 8151, an employee who recovers within one year
of starting compensation has mandatory rights to his/her old
position or its equivalent, regardless of whether he/she is still on
EA rolls. If full recovery occurs after one year, or IW is considered
partially recovered, he/she is entitled to priority consideration as
long as application is made within 30 days of date compensation
ceases.
• Such employees incur no loss of benefits which they would have
received but for the injury or disease. Regulations on retention
rights are contained in 5 CFR 353, 302, & 330. These regulations,
as well as 5 U.S.C. 8151 are administered by the Office of
Personnel Management (OPM), not OWCP.
Retention Rights
• Any period of time during which an employee receives
compensation from OWCP is credited to employee for the
purposes of determining rights and benefits based upon length of
service, including eligibility for retirement.
• An employee who has applied for and been approved for federal
retirement benefits is no longer considered an employee, and any
reemployment is covered by OPM rules and regulations for
reemployed annuitants. This is true even if employee never
actually received a federal retirement annuity.
Return to Work – Job Offers
• EA must consider physical or emotional restrictions
placed on an employee due to a work related injury, as
well as any concurrent, non-injury related ailments
(whole person).
• EA personnel can request work restrictions directly from
physician, from an OWCP nurse, or OWCP Claims
Examiner (CE).
• If work restrictions differ, OWCP will determine which
are appropriate.
Developing a Job Offer
• 20 CFR 10.506 allows an EA to monitor IW’s medical care.
• EA may contact the physician in writing only and at
reasonable intervals.
• EA may contact IW at reasonable intervals for updated
medical information.
• If OWCP obtains medical evidence that indicates IW is able
to RTW, a job offer may be solicited by Rehabilitation
Specialist (RS), Rehabilitation Counselor (RC), Staff Nurse
(SN), or CE.
Types of Job Offers
1. Limited Duty Assignments: Most often occur during IW’s initial recovery
period. IW cannot perform his/her date of injury job, but is capable of
performing some type of work.
• The assignment is not intended to represent permanent job
placement and, as such,
• a formal suitability ruling cannot be made on these types of
temporary assignments.
2. Permanent Rehabilitation Job Offer: OWCP has determined that IW
requires permanent medical restrictions due to work injury, and EA offers
IW a permanent position within those medical restrictions.
Required Elements of a Job Offer
Job offer must be in writing and include following
information:
• Description of specific job duties to be
performed
• Specific physical requirements of position, and
any special demands or unusual working
conditions
• Schedule
• Organizational and geographical location
• Date job is first available
• Date by which a response to job offer is required
• Provide pay information including grade, step
and salary
Job Offer: Do’s and Don’ts
Do
• Base job offer on restrictions of record
• Send a copy of job offer to OWCP
• Send a copy of IW’s response to job offer to OWCP
Don’t
• Do not include any information in job offer regarding
election of OPM benefits, since obtaining an election is
solely responsibility of OWCP.
Preliminary Assessment of Job
Once OWCP receives a copy of a written job offer, a preliminary
assessment will be made on whether job is suitable, including:
• Must involve four hours of work per day if IW is capable of working
four hours or more.
• Permanent seasonal employment is not suitable unless IW was a
career seasonal or temporary employee when injured.
• Temporary job will be considered unsuitable unless IW was a temporary
employee when injured.
• If medical reports in file document a condition which has arisen since
compensable injury, and this condition disables IW from offered job, job
will be considered unsuitable (even if subsequently-acquired condition
is not work related).
Accepted Job Offer – Employee
Responsibilities
IW should take following actions:
• Sign offer and notify EA of acceptance;
• Contact EA for a start date and time; and
• Notify OWCP of RTW in order to avoid overpayment
Accepted Job Offer – OWCP Responsibilities
• If IW accepts offered job, there is no need to request a
job suitability determination.
• Generally, if IW has performed a job for 60 days or more
and is working number of hours he/she is capable of
working, this establishes that job fairly and reasonably
represents his/her wage earning capacity. It is not
necessary for OWCP to make a determination
concerning validity or suitability of offered job in these
situations.
Refusal of Job Offer – OWCP Responsibilities
• If IW refuses offered job, OWCP should be notified immediately and
provided a copy of refusal.
• At that time OWCP will make a determination if job offer contained
necessary elements and if the offer is “suitable”:
– Compare duties and physical requirements of job offer to medical
limitations on file
– Determine whether IW is vocationally capable of performing job
– Determine whether kind of appointment (i.e. part time or
temporary) is at least equivalent to that of job held on date of injury
Suitability Determination – Not Suitable Offer
• If job offer is determined to be not suitable, OWCP will
notify EA and request that EA modifies offer.
• IW will continue on compensation while a suitable offer is
pursued; vocational rehabilitation services are initiated or
continued; or any necessary medical development is
undertaken
.
Suitability Determination – Suitable Offer
• After assessing position and determining job is suitable,
OWCP will telephone EA to confirm that job remains
open to IW, and then will advise IW in writing:
– Job is considered suitable.
– Job remains open for IW.
– IW will be paid compensation for difference (if any) between pay of
offered job and pay of IW's date of injury job.
– IW can still accept job with no penalty.
– IW has 30 days from date of CE's letter to either accept job or provide a
written explanation of reason (s) for refusing it.
Injured Worker’s Response to Suitability Finding
• If IW submits evidence and/or reason(s) for refusing
offered position, OWCP will evaluate IW response.
• OWCP will then determine whether reason(s) for
refusing job are valid.
Acceptable Reasons for Refusing a Job Offer
• Reasons which may be considered acceptable for refusing
offered job include (but are not limited to):
– Offered position was withdrawn.
– IW found other work which fairly and reasonably
represents his/her earning capacity.
– Medical evidence establishes that IW’s condition has
worsened since beginning of reemployment effort, and
IW is now disabled for job in question.
Acceptable Reasons for Refusing a Job Offer
– IW provides evidence that his/her decision was based
on attending physician's advice, and that such advice
included medical reasoning in support of opinion.
– Medical evidence establishes that IW is unable to travel
to job because of residuals of injury. (However,
expenditures of an IW who is able to travel, but requires
special arrangements to do so may be reimbursed as a
vocational rehabilitation expense.)
Acceptable Reasons for Refusing a Job Offer
• An IW may be on both EA's rolls as a matter of employment status, and OWCP's
rolls for purposes of compensation payment, at same time. For IWs no longer on
EA’s rolls--that is, who have been separated by formal personnel action--the
following are also considered acceptable reasons for refusing offered job:
– IW will lose health insurance coverage by accepting job. (If offered job is not
classified at same grade level as date of injury job, EA should be asked to
offer job at a pay rate lower than date of injury job, so that compensation will
be payable and OWCP can retain IW's health insurance enrollment.)
– IW is already working, and job fairly and reasonably represents his/her Wage
Earning Capacity (WEC), whether or not a formal rating is in place.
– IW has moved, and a medical condition (either pre-existing or subsequent to
the injury) of IW or a family member contraindicates return to area of
residence at time of injury.
Unacceptable Reasons for Refusing a Job Offer
• Reasons which may not be considered acceptable for refusing
offered job include (but are not limited to):
– IW's preference for area in which he/she currently resides
– Personal dislike of position offered or work hours scheduled
– Lack of potential for promotion
– Lack of job security
– Retirement
– Previously-issued rating for loss of WEC based on a
constructed position where IW is not already working at a
job which fairly and reasonably represents his/her WEC.
Advising Injured Worker
• If OWCP determines response is not sufficient to justify refusal,
IW is so advised, and afforded 15 days to accept job.
• IW who unreasonably refuses an offer of suitable employment is
not entitled to any further compensation benefits.
• If IW continues to decline offer after 15 days elapses, a
compensation order will be issued denying entitlement to further
compensation benefits (5 USC 8106 (c )(2)). This applies to wage
loss and schedule award only, not medical benefits.
Assessing Reasons for Refusal
• If IW worker provides a justified reason for refusal, OWCP will:
– notify both IW and EA of finding, and
– IW will be continued on temporary total disability (TTD) while CE contacts
EA concerning further attempts at placement.
• If EA is unable to make any further job offers, IW will be referred
to a rehab specialist for consideration of further vocational
rehabilitation services.
Assessing Reasons for Refusal
• If IW does not provide a justified reason for refusal, OWCP will do the
following:
– IW will be notified by letter that his/her reason(s) for refusal are not
justified and he/she will be afforded an additional 15 days to accept job
offer.
• If IW continues to refuse job offer, a formal decision shall be prepared
which provides full findings of facts as to why IW’s reason(s) for refusing
job are deemed unacceptable.
• Entitlement to all compensation benefits, including a schedule award, is
terminated; however, medical benefits continue.
Compensation Benefits and RTW
20 CFR §10.500 provides the basic rules governing continuing receipt of compensation
benefits and return to work.
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.
For example, an employee is not entitled to compensation for any wage loss claimed on
a CA-7 to the extent that evidence contemporaneous with the period claimed on a CA-7
establishes that an employee had medically required work restrictions in place; that
light duty within those work restrictions was available; and that the employee was
previously notified in writing that such duty was available.
Similarly, an employee receiving continuing periodic payments for disability was not
prevented from earning the wages earned before the work-related injury if the
evidence establishes that the employer had provided, in accordance with OWCP
procedures, a temporary light duty assignment within the employee’s work restrictions.
Compensation Benefits and RTW
20 CFR §10.500 continued:
Each disabled employee is obligated to perform such work as he or she can.
OWCP's goal is to return each disabled employee to work as soon as he or she is
medically able.
When an offer of employment is made, and the position is not temporary, the job
offer can be evaluated under the auspices of 5 U.S.C. §8106(c) which is a sanction
decision that affects ongoing compensation and schedule award entitlements.
When a job offer is temporary
but is not accepted or performed, compensation
for wage loss for a specific time frame would be evaluated under the criteria of 20
C.F.R. § 10.500.
However, if either decision is made, medical benefits remain payable.
Temporary Assignments
Basic Criteria for Applicability
– The temporary LD assignment may be for either a specified or indefinite period of
time.
– The LD assignment must take into account the claimant’s work-related condition(s),
as well as any pre-existing medical condition(s) and any condition(s) which have
arisen since the compensable injury.
– If the agency is only able to provide a temporary LD assignment when the claimant
has permanent work restrictions, the agency must provide written verification that
it is unable to provide a permanent job offer.
– In certain circumstances, a temporary assignment for fewer than the number of
hours upon which the claimant is released may be considered
– The LD assignment should be in the location where the claimant currently resides.
If this is not practical, the agency may provide LD at the claimant’s former duty
station if that station is within the claimant’s commuting area.
– Reemployment at any other location may only be considered where the distance
between the location of the LD assignment and the location where the claimant
currently resides is no greater than 50 miles.
Abandonment of a Job
• When an IW stops work after reemployment, it may require further action,
depending on whether rating has been completed at time work stoppage
occurs.
• If no claim for recurrence is filed, and a retroactive loss of WEC is not
appropriate, CE should consider applying penalty provision of 5 U.S.C.
8106(c)(2). This may be invoked if an IW is shown to have abandoned a
suitable job without good reason and subsequently, claims benefits. Reasons
for abandoning employment must be explored before penalty provision is
applied.
• CE must make a finding of suitability, advise IW that job is suitable and that
refusal of it may result in application of penalty provision of 5 U.S.C. 8106(c)(2),
and allow IW 30 days to submit his/her reasons for abandoning job. If IW
submits evidence and/or reason(s) for abandoning job, CE must carefully
evaluate IW's response and determine whether IW's reasons for doing so are
valid.
Job Abandonment – Injured Worker’s Response
• If IW returns to work, a formal decision determining loss of WEC
should be made after 60 days of reemployment.
• If no reply is received from IW, CE should prepare a formal decision
which terminates any further compensation for wage loss (effective
as of end of roll period), as well as compensation for permanent
partial impairment to a schedule member, under 5 U.S.C. 8106(c)(2).
IW's entitlement to payment of medical expenses for treatment of
accepted condition(s) is not terminated.
• If IW provides reasons for ceasing employment which do not
constitute a claim for recurrence, CE must evaluate reasons given.
Acceptable Reasons for Abandonment
• Reasons which CE may accept include (but are not
limited to):
– IW found other work which fairly and reasonably represents
his/her earning capacity (in which case compensation would
be adjusted or terminated based on actual earnings).
– A subsequent medical condition prevents IW from continuing
to perform job.
Unacceptable Reasons for Abandonment
• Reasons which CE should not accept include (but are
not limited to):
– personal dislike of position or work hours
– lack of potential for promotion
– lack of job security
Relocation Expenses
• OWCP's regulations (20 CFR 10.123(f)) provide that an IW
who relocates to accept a suitable job offer after
termination from EA’s rolls may receive payment or
reimbursement of moving expenses from compensation
fund.
• OWCP's regulations (20 CFR 10.123(f)) further provide that
federal travel regulations (addressing permanent change
of duty station (PCS) moves) will be used to determine
whether expenses claimed are reasonable and necessary.
Relocation Expenses – Criteria for Payment
• Relocation expenses are payable only to an IW who is no longer
on EA’s rolls. They are payable whether IW still resides in locale
where he/she last worked and is offered employment in another
area, or whether IW has moved away from locale where he/she
was employed and is offered employment in either original area
or a different one.
• Expenses may be paid for relocation to a temporary job as long as
it is expected to lead to a permanent assignment, but may not be
paid for relocation to a temporary job which is not expected to
lead to a permanent assignment. The distance between the two
locations must be at least 50 miles, but IW is not required to
demonstrate financial need for relocation expenses to be paid.
Relocation Expenses – Responsibilities
• District Office staff will adjudicate all requests for relocation. (EA, however,
has an advisory role with respect to amounts payable.) Where relocation is
approved, district office will pay or reimburse authorized expenses to IW
or EA.
• National Office staff will handle all requests for advance payment from
compensation fund in cases where EA cannot provide money for move
from its own accounts, and IW has not already expended funds.
• EA will be asked to make all arrangements for move (e.g., have a moving
company transport IW's household goods to new duty station). It will also
be asked to ensure that types of expenses and actual amounts are
allowable according to GSA travel regulations and according to what EA
would authorize for any other employee making a PCS move. [CEs are not
expected to determine kinds of expenses and amounts payable.]
Relocation Expenses – Advising the Parties
• IW may inquire whether relocation expenses will be paid if
he/she accepts a job offer. IW should be advised that expenses
will be paid as long as offered job is found suitable and criteria
previously listed are met.
• If EA wants a description of claimant's entitlement to relocation
expenses included in job offer, a copy of the job description
should be sent to the district office before making job offer so
that suitability of job and entitlement to payment of relocation
expenses can be determined.
• OWCP will notify an IW (with a suitable job offer who meets the
criteria for payment of relocation expenses) of OWCP's
regulations (20 CFR 10.123(f)).
Relocation Expenses – Adjudication of Request
If offered job is found suitable, medically and otherwise, CE may proceed to consider
whether relocation expenses may be paid.
• Using criteria previously noted, OWCP will evaluate request for payment of relocation
expenses and make a recommendation to a Supervisory Claims Examiner (SCE)
concerning payment. Even though SCE will advise parties of this determination, CE still
notifies IW directly that job has been found suitable.
• Supervisory Claims Examiner reviews CE’s recommendation and advises EA and IW of
decision. If decision is favorable, letter to IW will note that GSA regulations require
employees whose moving expenses are paid by the Federal government to remain in
federal employment for one year after the move. Should IW cease working for a reason
unacceptable to OWCP, the relocation expenses will be declared an overpayment and
handled according to usual procedures.
• If decision is favorable, EA will include in job offer a statement that job has been found
suitable and that relocation expenses are payable under OWCP's regulations (20 CFR
10.123(f)).
• OWCP is responsible for resolving any dispute between IW and EA as to allowable costs
in accordance with GSA regulations. Any denial will be accompanied by appeal rights.
Relocation Expenses – Payment & Reimbursement
• EA which can advance funds to IW may be authorized to do so on a transaction-by-
transaction basis. For example, amount required for temporary lodging should be
forwarded first, followed by a separate advance for transportation of household
goods.
• If IW or EA requests reimbursement, SCE will approve relocation expenses and
advise parties of procedures to obtain reimbursement.
Once move is completed, EA should examine expenditures and certify that they are
in accordance with GSA travel regulations. If so, EA will send copies of bills and
travel vouchers to district office for payment.
• An IW who has paid for relocation expenses from his/her own funds will be
directed to submit copies of bills and travel vouchers to EA for examination to
ensure that amounts claimed are in accordance with GSA travel regulations. The
bills and vouchers should then be forwarded to OWCP for reimbursement to IW.
Relocation Expenses – Payment & Reimbursement
• When EA cannot pay costs of relocation from its own funds, and IW has not
already paid for move, CE (or RS) will forward to National Office a copy of job
offer and IW’s acceptance.
• National Office staff will contact EA to determine best method of transferring
funds, and will send a letter outlining procedures to be followed to EA, with a
copy to district office. Letter will ask EA to sign a written agreement to abide
by GSA regulations in approving expenditures.
• EA will be authorized to withdraw from compensation fund amount of
estimated or actual expenses. EA will be required to submit copies of bills and
travel vouchers to support its payments and withdrawals from compensation
fund. Any difference between amount of advance and actual expenses will be
recovered by EA from IW and refunded to OWCP.
Return to Work
Case Study
Case Study - Mr. Sample
Following an injury, Mr. Sample’s doctor released him
to work with the following restrictions:
• No lifting over 10 pounds
• No standing more than 2 hours per day
• No walking more than 1 hour per day
Case Study - Mr. Sample
Review the following job offer - is it valid?
Remember, to be valid, a job offer must:
Be in writing
Describe duties to be performed
Describe physical requirements of job
State location of job
State date job is available
State date that IW must respond to offer
Case Study - Mr. Sample
Is the offer valid? What is missing?
RECOVERING EMPLOYEE’S LIGHT DUTY ASSIGNMENT
Date:12/15/05 Employee: Mr. Sample SSN: 123456789________
Light Duty Begins:
Office Name: Any Government Agency
Report to: Room 5, 10001 Any St, Any Town
Salary: $24.50 (Base Pay) per hour
Premium Pay: None
Medical documentation from your physician indicates that you will be
unable to perform your regular duties due to residual effects of your on-
the-job injury. The following is a description of duties offered to you to
perform while you are assigned to light duty. If you do not wish to accept
light duty offered to you, it may affect your OWCP benefits. You are
required to work within your medical restrictions, and perform all of your
duties in a safe manner at all times.
Case Study- Mr. Sample
The assignment was not valid. It did not include:
Name of person to whom Mr. Sample should report
Location
Effective Date
Tour of duty
Premium pay
Correct physical requirements
Description of duties
Correct Light Duty Assignment, Page One: Mr. Sample
RECOVERING EMPLOYEE’S LIGHT DUTY ASSIGNMENT
Date:12/15/05 Employee: Mr. Sample SSN: 123456789________
Light Duty Begins: 12/20/2005 (Review w/next appt)
• Hours of Work: 6:30 am -3:00 pm Scheduled Days off: Saturday and Sunday
• Office Name: Any Government Agency
• Location: Room: 4, 10001 Any St, Any Town,
• Report to: Ms. New Supervisor at Room 5, 10001 Any St, Any Town
• Salary: $24.50 (Base Pay) per hour
• Premium Pay: None
• Medical documentation from your physician indicates that you will be unable to perform your
regular duties due to residual effects of your on-the-job injury. The following is a description
of duties offered to you to perform while you are assigned to light duty. If you do not wish to
accept light duty offered to you, it may affect your OWCP benefits. You are required to work
within your medical restrictions, and perform all of your duties in a safe manner at all times.
—New Light Duty Assignment is required with every change in Medical Status—
Description of job duties offered: Answer telephones, greet customers entering the office,
file, enter data into computer
Physical
requirements of the job listed above are:
Sit-not more than seven hours per day
Stand-not more than two hours per day
Walk-not more than one hour per day
Lift/Carry (up to 10 Ibs)
Twist/Bend-intermittently up to two hours per day
Squat/Kneel-none
Use Steps/Stairs-none
Grasp/ Fine Manipulation - eight hours per day
Drive a Vehicle-none
Reach Over Shoulder –intermittently up to three hours per day
Supervisor Signature: ___________________Date:_____________________
This Limited Duty Assignment is being offered in good faith, and will remain available.
Correct Light Duty Assignment, Page Two: Mr. Sample
Questions
One primary goal of the Office of Workers’ Compensation Programs is:
a) To return injured workers to suitable employment
b) To provide injured workers with a disability retirement program
Questions
After an employee is injured, the agency has many responsibilities. When a claim
is filed, the employing agency should:
a) Maintain contact with the injured worker.
b) Monitor the injured worker’s duty status and prospective date of return to
work.
c) Advise partially disabled injured workers in writing of specific duties and
physical demands of any available alternative positions.
d) All of the above
Questions
Form CA-17 (Duty Status Report) is provided for the purpose of obtaining medical
restrictions from the injured worker’s treating physician. The employing agency
fills out the left side of the form which describes the restrictions of the job. The
employing agency can request the physician complete the right side by:
a) Calling the physician’s office and asking them to tell you the restrictions.
b) Visiting the physician’s office and waiting for them to fill it out.
c) Sending it to the physician’s office at reasonable intervals.
d) All of the above
Questions
An employee who recovers within one year of starting compensation has
mandatory rights to his/her old position or its equivalent, regardless of whether
he/she is still on the employing agency rolls.
a) True
b) False
Questions
All of the following are required elements of a job offer except:
a) Description of specific job duties to be performed
b) Specific physical requirements of position
c) Schedule
d) Date job is first available
e) Supervisor’s name
f) Pay information including grade, step and salary
Questions
If an injured employee refuses a job offer, who determines whether or not that
offer is suitable?
a) The employing agency that made the offer
b) The Office of Workers’ Compensation Programs
c) The injured employee
Questions
If OWCP deems a permanent job offer suitable after an injured worker has refused
it, the injured worker will be provided due process to explain why the job is not
suitable. If at the end of due process they have not established an acceptable
reason for refusing the job offer, then:
a) Their entitlement to wage-loss compensation benefits will be terminated.
b) Their entitlement to schedule award benefits will be terminated.
c) Their medical benefits will continue.
d) All of the above
Questions
If an injured worker relocates to accept a suitable job offer after termination from
the employing agency rolls, they will not receive payment or reimbursement of
moving expenses from the compensation fund.
a) True
b) False
Take Away Tips
1) The primary goal of OWCP is to return injured workers to suitable
employment either with their original employing agency or with a company in
the private sector.
2) Form CA-17 (Duty Status Report) is provided for purpose of obtaining a
medical duty status report for the injured worker. The Supervisor/Employing
Agency completes agency portion by describing physical requirements of the
injured workers job and noting availability of light or limited duty.
3) An employee who recovers within one year of starting compensation has
mandatory rights to his/her old position or its equivalent, regardless of
whether he/she is still on the employing agency rolls.
Take Away Tips
4) When making a job offer, the employing agency must consider physical or
emotional restrictions placed on an employee due to a work related injury, as
well as any concurrent, non-injury related ailments.
5) When making a job offer, the employing agency will base job offer on
restrictions of record, send a copy of job offer to OWCP, and send a copy of
the injured worker’s response to job offer to OWCP.
6) If the injured worker refuses an offered job, OWCP should be notified
immediately and provided a copy of refusal. At that time OWCP will make a
determination if the job offer contained necessary elements and if the offer
is suitable.
Take Away Tips
7) If an injured worker refuses suitable permanent employment then their
entitlement to all compensation benefits, including a schedule award, is
terminated; however, medical benefits continue.
8) If the agency is only able to provide a temporary limited duty assignment
when the claimant has permanent work restrictions, the agency must provide
written verification that it is unable to provide a permanent job offer. In
certain circumstances, a temporary assignment for fewer than the number of
hours upon which the claimant is released may be considered.
9) OWCP's regulations (20 CFR 10.123(f)) provide that an injured worker who
relocates to accept a suitable job offer after termination from employing
agency rolls may receive payment or reimbursement of moving expenses
from the compensation fund.
