20 C.F.R. § 10.207
May an employee who returns to work, then stops work again due to the effects of the injury, receive COP?
If the employee recovers from disability and returns to work, then becomes disabled again and stops work, the employer shall pay any of the 45 days of entitlement to COP not used during the initial period of disability where:
(a) The employee completes Form CA-2a and elects to receive regular pay;
(b) OWCP did not deny the original claim for disability;
(c) The disability recurs and the employee stops work within 45 days of the time the employee first returned to work following the initial period of disability; and
(d) Pay has not been continued for the entire 45 days.
Notes of Decisions
Cited in 3
cases, 1984–2002 · leading case: Cynthia K. Walley v. Dep't of Vets. Affairs, 279 F.3d 1010 (Fed. Cir. 2002).
Cynthia K. Walley v. Dep't of Vets. Affairs, 279 F.3d 1010 (Fed. Cir. 2002). “209(e) clearly provides that “[w]here an employee has been offered duties within the limitations and restrictions imposed by the physician, the employee is obligated to return to duty.”
Suttles v. United States Postal Serv., 927 F. Supp. 990 (S.D. Tex. 1996). “…"disabling traumatic injury” as required by the regulations implementing the Federal Employees’ Compensation Act. See 20 C.F.R. § 10.207 (a)(4).”
Salazar v. United States, 5 Cl. Ct. 274 (Ct. Cl. 1984). “Among these are 20 C.F.R. § 10.207 and § 10.209 (1977) which direct, inter alia, the preparation of a written report whenever an employee sustains a traumatic, disabling injury in the performance of duty.”
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