C.F.R. » Title 20 » CHAPTER I—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER C—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000 › PART 30—CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED › Subpart J—Impairment Benefits Under Part E of EEOICPA

20 C.F.R. § 30.911

Does maximum medical improvement always have to be reached for an impairment to be included in the impairment rating?

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(a) An impairment that is the result of a covered illness will be included in the employee's impairment rating determined by OWCP under § 30.901 only if OWCP concludes that the impairment has reached maximum medical improvement, which means that it is well-stabilized and unlikely to improve substantially with or without medical treatment.

(b) Notwithstanding paragraph (a) of this section, if OWCP finds that an employee's covered illness is in the terminal stages, based upon probative medical evidence, an impairment that results from such covered illness will be included in the impairment rating for the employee even if it has not reached maximum medical improvement.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Eva Ryals v. Dep't of Just. (MSPB 2024).
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Eva Ryals v. Dep't of Just. (MSPB 2024). “” 20 C.F.R. § 30.911 (a). The parties do not dispute that the appellant suffered from these conditions at the time of her removal.”
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