Stephen J. Dunn

110 WEST RD STE 445
Towson, Maryland 21204-2364
Telephone Number: (410) 321-8368
Fax Number: (410) 321-1599

208 East Market Street
York, Pennsylvania, 17401-2033
Phone (717) 845-7301

Email: sdunn@sdunnlaw.com

DID YOU KNOW?
Light Duty Positions Good for Employee and Agency
    But, such positions frequently are 'sham' jobs, creating a one way street to firing or termination of benefits.  Such actions will leave no other choice but to appeal to the Branch of Hearing and Review or the Employees Compensation Appeals Board. 

    When an injured employee’s physician says the employee cannot return to his regular position, agency specialists often must be creative to bring that employee back to work. There’s always work to do, whether it’s a smaller aspect of his original position or some other light or limited duty.
    Remember, it is in the best interest of the employee and the federal agency to find some limited duty assignment that meets the restrictions stipulated by the treating physician.

    For the employee, it aids in the healing process. Returning to some kind of work not only helps the employee feel valued, but it keeps him in touch with what is going on in the agency, can aid in returning him to his regular job sooner, and helps him regain financial security. In addition, employees in light or limited duty positions may have an opportunity to obtain new knowledge, skills or abilities.

    Besides the benefits for the employee, return to work strategies help the agency meet two of the President’s Safety, Health and Return-to- Employment (SHARE) Initiative goals: reducing Total Lost Day Case Rates by at least 3 percent and Reducing Lost Production Days by at least 1 percent.

    Depending on the seriousness of the injury and whether the disability is temporary or permanent, supervisors are encouraged to actively locate alternative work.

    First I have the supervisor look in the immediate area of the employee’s position to see if there are still some aspects of the position that can be performed within the medical limitations. If the answer is no, we then ask the supervisor to contact other staff within the office to see if there is work in other departments. Then we bump it up to neighboring Districts. Ninety-nine percent of the time, limited  duty work is located in or near the same office.

    Many times supervisors will state that they have no limited duty work available. However, after a brief discussion and brainstorming session, they quickly find alternative work. They are reminded that the employee will be getting paid anyway either by Continuation of Pay (COP) or by compensation for wage loss, and that as federal workers we are obligated to the taxpayers (including us) to get the best bang for our bucks.

    Keep in mind that when the physician’s report indicates that the employee is no longer totally disabled, the employee is required to accept any reasonable offer. Such an offer may be made by telephone but must be confirmed in writing within 48 hours to be valid. The offer should include a description of the duties and requirements of the offered position.

    If the employee refuses to accept the work offered, COP can be terminated as of the date of the refusal or after five workdays from the date of the offer, whichever is earlier. OWCP makes the final determination of entitlement based on the medical reports and the duties of the offered position and issues a formal decision concerning payment of COP.


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