RETURNING INJURED WORKERS
TO SUITABLE EMPLOYMENT
Job Offers
The primary goal of the Office is to
return injured workers to suitable
employment either with their original
employing agency or with a company
in the private sector.
Return to Work Plan
Employers should have a plan to return
injured workers to suitable employment.
Reemployment involves less wage loss.
– The longer injured workers are out of work, the
less likely they are to return.
Injured Worker’s Responsibilities
To seek or accept suitable employment.
To resume regular Federal employment if capable.
To provide physician with information on any available light
duty.
To advise employing agency of limitations imposed by
attending physician.
To report efforts to obtain suitable employment, if requested by
OWCP.
Employer’s Responsibilities
Authorize medical care.
If alternative positions are available for a
partially disabled employee, advise the
employee in writing of specific duties and
physical demands.
Where no alternative position is available,
advise the injured worker of any
accommodations the agency can make.
Developing a Job Offer
Section 10.506 of the CFR allows an
employing agency to monitor the injured
worker’s medical care.
Employer may contact the physician but only
in writing.
Employer may contact the injured worker at
reasonable intervals for updated medical
information regarding the injury.
Employer must consider the physical or emotional
restrictions placed on an injured worker due to the
work injury as well as any concurrent, non-injury-
related ailments.
Agency personnel can request work restrictions
directly from the physician, from the OWCP nurse,
or OWCP.
If work restrictions differ, OWCP will determine
which are appropriate.
Developing a Job Offer
HEALTH INSURANCE
PORTABILITY AND
ACCOUNTABLITY ACT (HIPAA)
What Is HIPAA?
HIPAA prohibits health
providers from
discussing or giving
information to anyone
without a patient
release. This includes
other physicians.
Does This Law Apply to OWCP?
No, it does not apply to OWCP. Health providers are
obligated to provide medical information to OWCP.
How Will This Law Affect the
Employing Agency?
This law may hinder the employing agencies from
obtaining medical information directly from the
injured worker’s physician.
If an injured worker does not sign a release, medical
information regarding work tolerance limitations due
to the employment injury may be obtained from
OWCP.
How Will This Law Affect the
Injured Worker?
It is the injured worker’s responsibility to provide
medical evidence to support injury related disability.
If the injured worker does not provide supporting
medical documentation (whether HIPAA is involved
or not), the employer is not required to pay COP.
Making the Job Offer
Description of specific job duties to be performed
Specific physical requirements of the position and any special
demands or unusual working conditions
The work schedule
Organizational and geographical location of the job
Date on which the job will first be available
Date by which a response to the job offer is required
Provide pay information including grade, step, and salary
The job must be offered in writing and must be based on the
medical restrictions.
The job offer should not include information regarding the
election of OPM benefits.
Requesting A Job Suitability
Determination
If the injured worker accepts the offered job, there is
no need to request a job suitability determination.
Generally, if the injured worker has performed a job
for 60 days or more and is working the number of
hours he/she is capable of working, this establishes
that the job fairly and reasonably represents his/her
wage earning capacity. It is not necessary for
OWCP to make a determination concerning the
validity or suitability of the offered job in these
situations.
Once the Offer is Ready
Return-to-work conferences are helpful in
facilitating a return to work.
If the injured worker accepts the position,
return him/her to work.
If the employee refuses the position, send a
copy of the offer and the employee’s refusal
to OWCP for further action.
When the Injured Worker Accepts the
Job
The injured worker should take the following
actions:
– Notify employer of acceptance;
– Contact the employer for a start date and time;
– Notify OWCP of the return to work in order to
avoid overpayment; and
– Prepare for a finding of wage earning capacity
after a return to work of at least 60 days.
OWCP Actions for a Refused Job Offer
Determine if the job offer is valid
– Is the job offer in writing?
– Is there a description of duties to be performed and the physical
requirements of the job?
– Does it provide pay information including grade, step and salary?
– Does it state the organizational and geographical location of the
job?
– Does it state the date the job is first available and the work
schedule?
– Does it state the date by which the employee must respond to the
job offer?
Determine if the job offer is suitable
– Compare the duties and the physical requirements of the
job offer to the medical limitations in file.
– Determine whether the injured worker is vocationally
capable of performing the job.
– Determine whether the kind of appointment is at least
equivalent to that of the job held on the date of injury.
OWCP Actions for a Refused Job Offer
Job Offer Disqualifications
A job which involves less than four hours of work per
day where the injured worker is capable of working
four or more hours per day will be considered
unsuitable.
A job which represents permanent seasonal
employment will generally be considered unsuitable
unless the injured worker was a career seasonal or
temporary employee when injured. In locations
where year-round jobs are scarce, however, a
seasonal position may be considered suitable for an
injured worker who previously held a year-round job.
In either case, the job must reasonably represent the
claimant's wage earning capacity.
Job Offer Disqualifications
A temporary job will be considered unsuitable unless the
injured worker was a temporary employee when injured and the
temporary job reasonably represents the injured worker's wage
earning capacity.
Even if these conditions are met, a job which will terminate in
less than 90 days will be considered unsuitable.
If medical reports in file document a condition which has arisen
since the compensable injury, and this condition disables the
injured worker from the offered job, the job will be considered
unsuitable (even if the subsequently-acquired condition is not
work-related).
If the job offer is not suitable, OWCP will notify the
employing agency and request that they modify the offer .
If the job is deemed suitable, OWCP will
– Phone the employer and confirm the job is still available;
and
– Write to the injured worker
Reminder: A finding of suitability will not be
made on offers that are accepted by the
injured worker and the treating physician.
Finding of Suitability
Contents of Letter From OWCP to
Injured Worker
Job determined to be suitable.
Job remains open to the injured worker.
Injured worker will be paid compensation for the
difference, if any, in salary.
Injured worker has 30 days from the date of letter to
either accept the job or provide an explanation of
reasons for refusal.
Advise of penalty provisions.
Acceptable Reasons for Refusal –
Injured Worker on Agency Rolls
The offered position is withdrawn.
The injured worker found other work which fairly
and reasonably represents his or her earning
capacity.
The medical evidence establishes that the injured
worker’s condition has worsened and is now
disabled for the position.
The injured worker provides evidence that his or
her decision was based on the attending
physician’s advice and that such advice included
medical reasoning in support of the opinion.
Acceptable Reasons for Refusal –
Injured Worker on Agency Rolls
The medical evidence establishes that the injured
worker is unable to travel to the job because of
residuals of the injury.
The file documents a medical condition which has
arisen since the compensable injury, and this
condition disables the injured worker for the offered
job.
Acceptable Reasons for Refusal –
Injured Worker Not on Agency Rolls
The injured worker will lose health insurance coverage
by accepting the job.
The injured worker is already working, and the job
represents his or her wage earning capacity.
Injured worker has moved, and a medical condition of
injured worker or family member prevents return to
area.
Unjustified Refusal
The injured worker’s preference for returning to original duty
station when the offer is in another location.
Greater financial gain.
Spouse’s employment.
Personal dislike of the position offered or the work hours.
Lack of potential promotion.
Lack of job security.
Retirement.
Age.
Unjustified Refusal
Previously-issued Loss of Wage Earning Capacity (LWEC)
based on a constructed position where the injured worker is not
working.
Distance of the commute where the injured worker remained on
the rolls of agency and moved way from commuting area.
– Injured worker fails to provide medical supporting that the return
move is
prohibited
Lack of medical evidence to support injured worker’s statement
he/she cannot tolerate duties.
Personal reasons such as concerns of well being of children
Spouse of a career military person subject to transfers.
Injured worker continued to pursue part time employment held
prior to work injury, and work does not represent Wage Earning
Capacity (WEC).
Refusal of Job Offer
– OWCP will evaluate whether the reasons for
refusal provided by the injured worker are valid or
not. If not valid:
Advise the injured worker he/she has 15 days in which
to accept the offer without penalty.
Advise the injured worker that no further evidence will be
considered during the 15-day period.
Refusal of Job Offer
If the injured worker does not return to work after 15 days,
OWCP will prepare a formal decision which provides full
findings of facts as to why the injured worker’s reasons for
refusing the job are deemed unacceptable and terminate
compensation under Section 8106( c)(2) of the FECA.
- Includes wage loss and schedule award
benefits
- Does not affect the payment of medical benefits
This decision will not be modified even if the medical condition
later deteriorates, and the injured worker claims a recurrence of
total disability.
Refusal of Job Offer - JUSTIFIED
If the refusal is deemed justified OWCP will
notify both the injured worker and the
employing agency.
The injured worker will remain on the
periodic compensation rolls with no change
in benefits.
Refusal of Job Offer - Undetermined
If it is not possible to determine whether an injured worker’s
reason for refusal is justified without further investigation of the
issues, OWCP will:
- Contact the employing agency again to verify that the offered
job remains open to the injured worker
- Contact the injured worker for clarification and set another 30-
day deadline
If the employing agency is unable to keep the job open during
this period, OWCP must discontinue any further consideration
of applying the sanctions for refusal of the offered job
Relocation Expenses
Relocation expenses are payable only to injured
workers who are no longer on the agency rolls.
Some agencies have other relocation payment
options available in addition to or in lieu of payment
from OWCP.
Relocation Payments
May be paid for relocation to a temporary job as long
as it is expected to lead to a permanent assignment.
Distance between the two locations must be at least
50 miles.
Injured worker does not need to demonstrate
financial need.
Relocation
Advising the Parties
The employing agency should request relocation benefits at the
time that they send the job description to the district office so
that suitability of the job and entitlement to payment of
relocation expenses can be determined.
The claims examiner must notify the injured worker with
suitable job offer who meets the criteria for payment of
relocation expenses of the provisions of Section 10.508 of the
regulations.
The supervisory claims examiner will review the claims
examiner’s recommendation for payment of relocation expense
and advise the employing agency and injured worker of the
decision.
