Materials from 2010 NELA Seminar

admin — Tue, 06 Jul 2010 21:47:15 +0000

These materials were included in a presentation given by Steven Brown and Dan Goodkin at the 2010 National Employment Lawyers Association conference in Washington, D.C.. The presentation focused on utilizing FECA and FERS/CSRS as an alternative to or in conjunction with EEO claims and MSPB actions when the employee has a disability.

NELA conference powerpoint 2010w

Addtnl & Alt Remedies for Disabled EEO Compainants & MSPB Appellants

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 » Federal

Materials from 2010 NELA Seminar

ECAB Orders Pay Reinstated For Federal Law Enforcement Officer