RETURNING INJURED WORKERS 

TO SUITABLE EMPLOYMENT
Job Offers

The primary goal of the Office is to 

return injured workers to suitable 

employment either with their original 

employing agency or with a company 

in the private sector.
Return to Work Plan

 Employers should have a plan to return 

injured workers to suitable employment. 

 Reemployment involves less wage loss.

– The longer injured workers are out of work, the 

less likely they are to return.
Injured Worker’s Responsibilities

 To seek or accept suitable employment.

 To resume regular Federal employment if capable.

 To provide physician with information on any available light 

duty.

 To advise employing agency of limitations imposed by 

attending physician.

 To report efforts to obtain suitable employment, if requested by 

OWCP.
Employer’s Responsibilities

 Authorize medical care.

 If alternative positions are available for a 

partially disabled employee, advise the 

employee in writing of specific duties and 

physical demands.

 Where no alternative position is available, 

advise the injured worker of any 

accommodations the agency can make.
Developing a Job Offer

 Section 10.506 of the CFR allows an 

employing agency to monitor the injured 

worker’s medical care.

 Employer may contact the physician but only

in writing.

 Employer may contact the injured worker at 

reasonable intervals for updated medical 

information regarding the injury.
 Employer must consider the physical or emotional 

restrictions placed on an injured worker due to the 

work injury as well as any concurrent, non-injuryrelated ailments.

 Agency personnel can request work restrictions 

directly from the physician, from the OWCP nurse, 

or OWCP.

 If work restrictions differ, OWCP will determine 

which are appropriate.

Developing a Job Offer
HEALTH INSURANCE 

PORTABILITY AND 

ACCOUNTABLITY ACT (HIPAA)
What Is HIPAA?

 HIPAA prohibits health 

providers from 

discussing or giving 

information to anyone 

without a patient 

release. This includes 

other physicians.
Does This Law Apply to OWCP?

 No, it does not apply to OWCP. Health providers are 

obligated to provide medical information to OWCP.
How Will This Law Affect the 

Employing Agency?

 This law may hinder the employing agencies from 

obtaining medical information directly from the 

injured worker’s physician.

 If an injured worker does not sign a release, medical 

information regarding work tolerance limitations due 

to the employment injury may be obtained from 

OWCP.
How Will This Law Affect the 

Injured Worker?

 It is the injured worker’s responsibility to provide 

medical evidence to support injury related disability.

 If the injured worker does not provide supporting 

medical documentation (whether HIPAA is involved 

or not), the employer is not required to pay COP.
Making the Job Offer

 Description of specific job duties to be performed

 Specific physical requirements of the position and any special 

demands or unusual working conditions

 The work schedule

 Organizational and geographical location of the job

 Date on which the job will first be available

 Date by which a response to the job offer is required

 Provide pay information including grade, step, and salary

 The job must be offered in writing and must be based on the 

medical restrictions.

 The job offer should not include information regarding the 

election of OPM benefits.
Requesting A Job Suitability 

Determination

 If the injured worker accepts the offered job, there is 

no need to request a job suitability determination.

 Generally, if the injured worker has performed a job 

for 60 days or more and is working the number of 

hours he/she is capable of working, this establishes 

that the job fairly and reasonably represents his/her 

wage earning capacity. It is not necessary for 

OWCP to make a determination concerning the 

validity or suitability of the offered job in these 

situations.
Once the Offer is Ready

 Return-to-work conferences are helpful in 

facilitating a return to work.

 If the injured worker accepts the position, 

return him/her to work.

 If the employee refuses the position, send a 

copy of the offer and the employee’s refusal 

to OWCP for further action.
When the Injured Worker Accepts the 

Job

 The injured worker should take the following 

actions:

– Notify employer of acceptance;

– Contact the employer for a start date and time;

– Notify OWCP of the return to work in order to 

avoid overpayment; and

– Prepare for a finding of wage earning capacity 

after a return to work of at least 60 days.
OWCP Actions for a Refused Job Offer

 Determine if the job offer is valid

– Is the job offer in writing?

– Is there a description of duties to be performed and the physical 

requirements of the job?

– Does it provide pay information including grade, step and salary?

– Does it state the organizational and geographical location of the 

job?

– Does it state the date the job is first available and the work 

schedule?

– Does it state the date by which the employee must respond to the 

job offer?
 Determine if the job offer is suitable

– Compare the duties and the physical requirements of the 

job offer to the medical limitations in file.

– Determine whether the injured worker is vocationally 

capable of performing the job.

– Determine whether the kind of appointment is at least 

equivalent to that of the job held on the date of injury.

OWCP Actions for a Refused Job Offer
Job Offer Disqualifications

 A job which involves less than four hours of work per 

day where the injured worker is capable of working 

four or more hours per day will be considered 

unsuitable. 

 A job which represents permanent seasonal 

employment will generally be considered unsuitable 

unless the injured worker was a career seasonal or 

temporary employee when injured. In locations 

where year-round jobs are scarce, however, a 

seasonal position may be considered suitable for an 

injured worker who previously held a year-round job. 

In either case, the job must reasonably represent the 

claimant's wage earning capacity.
Job Offer Disqualifications

 A temporary job will be considered unsuitable unless the 

injured worker was a temporary employee when injured and the 

temporary job reasonably represents the injured worker's wage 

earning capacity. 

 Even if these conditions are met, a job which will terminate in 

less than 90 days will be considered unsuitable. 

 If medical reports in file document a condition which has arisen 

since the compensable injury, and this condition disables the 

injured worker from the offered job, the job will be considered 

unsuitable (even if the subsequently-acquired condition is not 

work-related).
 If the job offer is not suitable, OWCP will notify the 

employing agency and request that they modify the offer .

 If the job is deemed suitable, OWCP will

– Phone the employer and confirm the job is still available; 

and

– Write to the injured worker

Reminder: A finding of suitability will not be 

made on offers that are accepted by the 

injured worker and the treating physician.

Finding of Suitability
Contents of Letter From OWCP to 

Injured Worker 

 Job determined to be suitable.

 Job remains open to the injured worker.

 Injured worker will be paid compensation for the 

difference, if any, in salary.

 Injured worker has 30 days from the date of letter to 

either accept the job or provide an explanation of 

reasons for refusal.

 Advise of penalty provisions.
Acceptable Reasons for Refusal –

Injured Worker on Agency Rolls

 The offered position is withdrawn.

 The injured worker found other work which fairly 

and reasonably represents his or her earning 

capacity. 

 The medical evidence establishes that the injured 

worker’s condition has worsened and is now 

disabled for the position. 

 The injured worker provides evidence that his or 

her decision was based on the attending 

physician’s advice and that such advice included 

medical reasoning in support of the opinion.
Acceptable Reasons for Refusal –

Injured Worker on Agency Rolls

 The medical evidence establishes that the injured 

worker is unable to travel to the job because of 

residuals of the injury. 

 The file documents a medical condition which has 

arisen since the compensable injury, and this 

condition disables the injured worker for the offered 

job.
Acceptable Reasons for Refusal –

Injured Worker Not on Agency Rolls

 The injured worker will lose health insurance coverage 

by accepting the job.

 The injured worker is already working, and the job 

represents his or her wage earning capacity.

 Injured worker has moved, and a medical condition of 

injured worker or family member prevents return to 

area.
Unjustified Refusal

 The injured worker’s preference for returning to original duty 

station when the offer is in another location.

 Greater financial gain.

 Spouse’s employment.

 Personal dislike of the position offered or the work hours.

 Lack of potential promotion.

 Lack of job security.

 Retirement.

 Age.
Unjustified Refusal

 Previously-issued Loss of Wage Earning Capacity (LWEC) 

based on a constructed position where the injured worker is not 

working.

 Distance of the commute where the injured worker remained on 

the rolls of agency and moved way from commuting area.

– Injured worker fails to provide medical supporting that the return 

move is prohibited

 Lack of medical evidence to support injured worker’s statement 

he/she cannot tolerate duties.

 Personal reasons such as concerns of well being of children

 Spouse of a career military person subject to transfers.

 Injured worker continued to pursue part time employment held 

prior to work injury, and work does not represent Wage Earning 

Capacity (WEC).
Refusal of Job Offer

– OWCP will evaluate whether the reasons for 

refusal provided by the injured worker are valid or 

not. If not valid:

 Advise the injured worker he/she has 15 days in which 

to accept the offer without penalty.

 Advise the injured worker that no further evidence will be 

considered during the 15-day period.
Refusal of Job Offer

 If the injured worker does not return to work after 15 days, 

OWCP will prepare a formal decision which provides full 

findings of facts as to why the injured worker’s reasons for 

refusing the job are deemed unacceptable and terminate 

compensation under Section 8106( c)(2) of the FECA.

- Includes wage loss and schedule award 

 benefits

- Does not affect the payment of medical benefits

 This decision will not be modified even if the medical condition 

later deteriorates, and the injured worker claims a recurrence of 

total disability.
Refusal of Job Offer - JUSTIFIED

 If the refusal is deemed justified OWCP will 

notify both the injured worker and the 

employing agency.

 The injured worker will remain on the 

periodic compensation rolls with no change 

in benefits.
Refusal of Job Offer - Undetermined

 If it is not possible to determine whether an injured worker’s 

reason for refusal is justified without further investigation of the 

issues, OWCP will:

- Contact the employing agency again to verify that the offered 

job remains open to the injured worker

- Contact the injured worker for clarification and set another 30-

day deadline

 If the employing agency is unable to keep the job open during 

this period, OWCP must discontinue any further consideration 

of applying the sanctions for refusal of the offered job
Relocation Expenses

 Relocation expenses are payable only to injured 

workers who are no longer on the agency rolls.

 Some agencies have other relocation payment 

options available in addition to or in lieu of payment 

from OWCP.
Relocation Payments

 May be paid for relocation to a temporary job as long 

as it is expected to lead to a permanent assignment.

 Distance between the two locations must be at least 

50 miles.

 Injured worker does not need to demonstrate 

financial need.
Relocation

Advising the Parties

 The employing agency should request relocation benefits at the 

time that they send the job description to the district office so 

that suitability of the job and entitlement to payment of 

relocation expenses can be determined.

 The claims examiner must notify the injured worker with 

suitable job offer who meets the criteria for payment of 

relocation expenses of the provisions of Section 10.508 of the 

regulations.

 The supervisory claims examiner will review the claims 

examiner’s recommendation for payment of relocation expense 

and advise the employing agency and injured worker of the 

decision.