20 C.F.R. § 10.515

What actions must the employee take with respect to returning to work?

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(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.

(b) If an employee cannot return to the job held at the time of injury due to partial disability from the effects of the work-related injury, but has recovered enough to perform some type of work, he or she must seek work. In the alternative, the employee must accept suitable work offered to him or her. This work may be with the original employer or through job placement efforts made by or on behalf of OWCP.

(c) If the employer has advised an employee in writing that specific alternative positions exist within the agency, the employee shall provide the description and physical requirements of such alternate positions to the attending physician and ask whether and when he or she will be able to perform such duties.

(d) If the employer has advised an employee that it is willing to accommodate his or her work limitations, the employee shall so advise the attending physician and ask him or her to specify the limitations imposed by the injury. The employee is responsible for advising the employer immediately of these limitations.

(e) From time to time, OWCP may require the employee to report his or her efforts to obtain suitable employment, whether with the Federal Government, State and local Governments, or in the private sector.

Notes of Decisions
Cited in 2 cases, 2001–2010 · leading case: Bruce A. Bracey v. Off. of Pers. Mgmt., 236 F.3d 1356 (Fed. Cir. 2001).
Bruce A. Bracey v. Off. of Pers. Mgmt., 236 F.3d 1356 (Fed. Cir. 2001). “§ 8106 (c)(2); 20 C.F.R. § 10.515 (b). The employee’s refusal to accept such work results in termination of his FECA benefits.”
Bynum v. United States Postal Serv., 382 F. App'x 934 (Fed. Cir. 2010). “For example, 20 C.F.R. § 10.515 (b) states: If an employee cannot return to the job held at the time of injury due to partial disability from the effects of the work-related injury, but has recovered enough to perform some time of work, he or she must seek work.”
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