Knowing the Federal Employees’ Compensation Act (FECA) and how to apply it. Doing so saves a Workers’ Compensation Specialist (WCS) time and money, improves claim management, and supports the proper claim disposition. The FECA is governed by 5 U.S.C. 8101 et seq. and 20 CFR Part 10. When WCSs cite these sources in a Return to Work context, they present specific, verifiable requests to the OWCP Claims Examiner (CE) and eliminate unnecessary steps.
The CE’s Role and Workload
OWCP CEs manage large caseloads for all federal agencies. They handle both administrative and medical case management to ensure injured workers receive due benefits. They also work with agencies to return injured workers to work and move claims to closure when the facts allow. Because the CEs workload is heavy a WCS who drives the claim with an appropriate request will shorten timelines and improves outcomes.
Applying FECA and 20 CFR to Save Time
Working inside the FECA process can take time. However, when a WCS knows how to implement FECA and 20 CFR correctly, the team saves both time and cost while keeping the claim on the right track. Clearly referencing and citing the appropriate regulation in the request helps the CE act faster.
When Medical Evidence Supports the Date-of-Injury Job
A situation that occurs often but is usually mishandled occurs when a claimant has been seen by a medical provider either the claimant’s treating physician or a DOL directed Second Opinion Examination (SECOP) and the medical note, form, or report notes the claimant can return to the date of injury job with or without restrictions.
What’s important to remember is that the medical information states the claimant can perform the date of injury job, although the medical information may indicate restrictions are required as long as the restrictions fall within the limitations of the date of injury position, the claimant can perform the date of injury position.
Avoid Uneeded Job Offers
When either the treating physician or the SECOP examiner determines, the claimant can return to work at the date of injury position many times the CE or the WCS will begin the process of requesting or formulating a job offer.
Formulating a job offer can be time consuming and problematic if an agency is not in the position to issue a job offer due to staffing level limitations specifically when the claimant was separated from the agency. In addition, when a job can be offered the process can be time-consuming and lead to deviations from pursuing the job offer.
Return to Work Under 20 CFR §10.515
FECA gives a better option. When medical evidence shows the claimant can perform the date-of-injury position, the WCS should ask OWCP to issue a Notice of Proposed Termination. This request fits the rules and speeds the decision path.
Authority-20 CFR §10.515
20 CFR §10.515 — What actions must the employee take with respect to returning to work?
(a) If an employee can resume regular Federal employment, he or she must do so. No further compensation for wage loss is payable once the employee has recovered from the work-related injury to the extent that he or she can perform the duties of the position held at the time of injury or earn equivalent wages.
This rule states the claimant is not entitled to compensation once able to perform the date-of-injury job (or earn equivalent wages).
What the WCS Should Request from OWCP
When presented with this situation, the WCS should request that OWCP issue a Notice of Proposed Termination citing 20 CFR § 10.515 as the basis for the request. The action the WCS does not want to pursue is issuing a job offer, the job offer process can be cumbersome, time-consuming and in this situation unnecessary.
Regardless of the claimant’s employment status, if the claimant is still an agency employee or the claimant has been separated, the WCS should request the CE initiate the claim termination process.
If the Claimant Is Employed or Separated
Whether the claimant remains employed or has separated, the WCS should ask the CE to start the termination process. If the claimant wants to return and is still employed, direct the claimant to the manager/supervisor and HR to coordinate the next steps. If separated, the claimant may request priority re-employment under 5 CFR Part 330 Subpart B.
Who Initiates the Return to Work?
Once OWCP initiates termination under 20 CFR §10.515, the claimant must take the next step to Return to Work. The WCS can offer guidance on process, but should not seek or issue a job offer in this scenario.
If OWCP terminates compensation under 20 CFR §10.515, the claimant may still receive medical benefits if the accepted injury has not resolved. That distinction protects medical care while moving wage-loss compensation off the rolls when a return to regular duty is medically supported.
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Disclaimer: This blog post is for informational purposes only and should not be considered legal advice. Please consult your general counsel for specific legal guidance. Frasco investigators are licensed, and our operations comply with US industry, federal, state, and local laws.