Where the attending physician or OWCP notifies the employer in writing that the employee is partially disabled (that is, the employee can perform some work but not return to the position held at date of injury), the employer should act as follows:
(a) If the employee can perform in a specific alternative position available in the agency, and the employer has advised the employee in writing of the specific duties and physical requirements, the employer shall notify the employee in writing immediately of the date of availability.
(b) If the employee can perform restricted or limited duties, the employer should determine whether such duties are available or whether an existing job can be modified. If so, the employer shall advise the employee in writing of the duties, their physical requirements and availability.
(c) The employer must make any job offer in writing. However, the employer may make a job offer verbally as long as it provides the job offer to the employee in writing within two business days of the verbal job offer.
(d) The offer must include a description of the duties of the position, the physical requirements of those duties, and the date by which the employee is either to return to work or notify the employer of his or her decision to accept or refuse the job offer. The employer must send a complete copy of any job offer to OWCP when it is sent to the employee.
Notes of Decisions
Cited in
10
cases (
5 in the last 5 years), 1999–2025 · leading case:
Franklin v. Potter, 600 F. Supp. 2d 38 (D.D.C. 2009).
Franklin v. Potter, 600 F. Supp. 2d 38 (D.D.C. 2009).
· cites it 3× “at 868 ; 20 C.F.R. § 10.507 (b), because those boundaries could not be determined.”
Luellen v. Henderson, 54 F. Supp. 2d 775 (W.D. Tenn. 1999).
“§ 8151 (b); 20 C.F.R. § 10.507 . The OWCP, an office within the Department of Labor, is responsible for determining if the accommodations made by the agency are sufficient to characterize the job offer as “suitable work”, as used in 5 U.”
Guarino v. Potter, 102 F. App'x 865 (5th Cir. 2004).
“See 20 C.F.R. § 10.507 (b). The Secretary oversees restricted duties under FECA, and he has not made special provisions for pregnant employees.”
Smith v. Potter, 629 F. Supp. 2d 644 (S.D. Miss. 2009).
“See 20 C.F.R. § 10.507 (b) ("If the employee can perform restricted or limited duties, the employer should determine whether such duties are available or whether an existing job can be modified.”
Lozada v. United States Postal Serv. (D.P.R. 2023).
· cites it 2× “29, 2019); see 20 C.F.R. § 10.507 . OWCP’s Director and his or her designees “have the exclusive authority to administer, interpret and enforce the provisions of the Act.”
Ross v. Transp. Sec. Admin. TSA (E.D.N.Y 2025).
· cites it 2× “He checked the boxes to assert claims under Title VII of the Civil Rights Act of 1964 (“Title VII”) and the Americans with Disabilities Act of 1990 (“ADA”) and adds an additional claim under 20 C.F.R. § 10.507 , regulations for employers offering suitable work when an employee…”
Franklin v. Potter (D.D.C. 2009).
· cites it 3× “§ 1005 (c), and 20 C.F.R. § 10.507 (b)). The OWCP “administers the FECA and is required to provide for limited duty jobs to accommodate employees with compensable job- related injuries.”
Gonzalez-Tomasini v. Brennan (D.P.R. 2022).
“(citing 20 CFR § 10.507 (b)). “The USPS meets this obligation through a special classification of modified jobs, Labor Distribution Code (“LDC”) 69, which are often referred to as permanent limited duty.”
Morton v. DeJoy (E.D. Va. 2024).
“7, 2007) (citing 20 C.F.R. § 10.507 ). 8 “Within a week of Mr.”
Morton v. DeJoy (E.D. Va. 2025).
“7, 2007) (citing 20 C.F.R. § 10.507 ). 9 At the motion to dismiss stage, a court may consider the face of the complaint, documents attached to the complaint, documents attached to the motion to dismiss that are integral to the complaint and are authentic, and matters III.”
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