Returning to Work

Returning to Work

Offers of Employment are the most confusing in returning an employee back to work. Frequently, employees are threatened to go back to work or they will be terminated. This practice is illegal. Rules and regulations for going back to work are precise. If an Offer for Work has been made and it is found suitable by OWCP, you must accept the offered position or lose the option to receive OPM disability benefits as well as FECA benefits.

All Offers of Employment must be written and contain the following:

A complete description of the duties to be performed
The specific physical requirements of the position and any special demands of the workload or usual working conditions
Organization and geographical areas of the job
The date on which the job will be first available
The date by which a response to the job offer is required
Payrate information should also be included
You should provide a copy to OWCP for their approval
Your response must be provided to OWCP when accepted

The determination of whether you can go back to work is a medical question that must be resolved by medical evidence. There must be medical evidence of inability for the position to refuse a job.

EMPLOYEE’S OBLIGATION – if your disability ceases, you must return to work. If the Offer of Employment is suitable and within your doctor’s physical limitation, you must return to work.

You have the burden of advising your doctor upon receipt of a job offer – ask your doctor to evaluate the position.

Send a copy to OWCP

If the physician just says you will reinjure yourself, you will lose the argument

Consequences for not returning to work – OWCP may deny compensation when a FECA claimant, even with an accepted claim and receiving continuing benefits, refuses a written job offer from the employer within the employee’s specific physical restrictions even without a suitability finding by OWCP. If within physical restrictions and employee does not take the job, the employee loses compensation and a potential schedule award. OWCP will continue to pay for medical benefits until the condition has ceased. Update your conditions on a continual basis.

OWCP’s Burden

Review Suitability Factors

Nature of the injury
Degree of physical impairment and preexisting conditions
The usual employment for the claimant’s age
Qualifications for other employment including education, previous employment and training as well as work limitations imposed by the injury related and preexisting impairments.
An unsuitable job would be one the agency offers for less than four hours per day and claimant is capable of working more than 4 hours per day.
Job offer in consistent with medical reports in the file of the claimant or a family member
Documented medical conditions of the claimant or a family member that have arisen since the compensable injury and the condition prevents the claimant from returning to the area to accept the offered job even if the subsequently acquired condition is not work-related

Justified Refusal for Offers of Employment

When your doctor indicates that the condition is getting worse because of the reemployment.- need a medical report
The offered position has been withdrawn
At the direction of their physician but must supplement with a medical report
Outside of commuting area (50 Miles)
The job will terminate in less than 90 days
The job is for 4 hours a day and claimant can work more

Fear of Re-injury

Not a just cause unless against the physician’s limits

Restoration Rights – if you return to work for an alternate position, or light duty, within 1 year of beginning receipt of compensation entitles the employee to receive seniority, status, and pay, therefore if pay, seniority, and status are not the same, the offer may be refused.