ECAB reinstates benefits for Air Marshall

admin — Wed, 18 Jan 2012 22:26:35 +0000

In a January 13, 2012 decision, the ECAB reversed the termination of a Federal Air Marshall’s benefits, finding that the District Office had failed to meet its burden of proving that his condition had resolved on the basis of video surveillance and an independent medical examination. The ECAB found that the Office’s second opinion examiner did not offer sufficient rationale for changing his medical opinion after reviewing the video surveillance.

J.N. and DHS

ECAB Orders Pay Reinstated For Federal Law Enforcement Officer

admin — Wed, 16 Dec 2009 23:16:54 +0000

The Employee Compensation Appeals Board has ordered OWCP to reinstate the wage-loss compensation of a long time federal law enforcement officer who was injured in the line of duty.

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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Steven E. Brown, a Professional Law Corporation » ECAB appeal

ECAB reinstates benefits for Air Marshall

ECAB Orders Pay Reinstated For Federal Law Enforcement Officer