His employer had offered him a temporary light duty assignment which his doctors had stated was outside of his physical capabilities. OWCP made an informal determination that he could do the job and cut off his benefits.

The ECAB ruled that before terminating wage loss benefits, OWCP has to find the offered light duty position suitable. It must then give adequate notice to the claimant of its finding and give him an opportunity to respond. It did none of those things in this case.

Therefore, the Board overturned the Office’s decision stating, “[t]he Office did not follow proper procedures to determine that the modified job offered to appellant was suitable.” It further stated, “The notice and termination decision in this case appear as abberations to established Office procedures and the well-defined precedent of the Board.”

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Office of Workers’ Compensation Programs (OWCP)
The section of the U. S. Department of Labor that makes decisions on injured workers’ claims.

Employees’ Compensation Appeals Board (ECAB)
A three-member appeals board in Washington, DC, which hears appeals and makes final rulings on specific workers’ claims.

Employee
A member of one of the classes of persons who is covered under FECA for an injury or disease – generally anyone who works for the U. S. Government in a civilian capacity, even part-time or temporary.

Agency or Employer
One of the many U. S. Government agencies whose employees are covered under FECA.

Regulations
Rules, more detailed than the law itself, issued by the U. S. Department of Labor.

Procedure Manual
The manual used by OWCP in making decisions on claims.

Rules of Procedure
The rules governing appeals before the ECAB.

Traumatic injury
An injury which happens over a period of time no greater than one work day or one work shift.

Occupational disease
An injury or disease which happens over a period of time greater than one work day or one work shift.

Claim
Any written instrument from the person claiming benefits, or his/her representative, from which the substance of a claim can be reasonably understood.