TIP OF THE WEEK - July 21, 2014

1. TIP OF THE WEEK - July 21, 2014 How important is it to ensure that a LWEC is in place once the employee has been in the job for at least 60 days ? Scenario: In December of 2012, an employing agency offered their injured employee a light duty position. The employee accepted the offer on December 4, and started working on December 17. By letter dated 1-23-13, OWCP notified the employee that it was proposing to reduce his FECA benefits based on this job, and issued the formal decision letter on 4-17-13. Five days later, the employee stopped work; he has not returned (he continues to get the LWEC).

2. ANSWER: • In this case it is very important that a LWEC decision was issued. • Since the employee stopped work after the decision letter was issued, he has the burden to show that the LWEC decision should be modified. The Board (ECAB) affirmed OWCP’s denial of his request for modification of the 4-17-13 decision. • If the employee had stopped work prior to the LWEC decision being issued, OWCP would have the burden to show the job offered is within the limitations imposed by the doctor. • REFERENCE: http://www.dol.gov/ecab/decisions/2014/May/14-0386.htm If you have a question or topic for Tip of the Week, contact your District 6 Liaison, Jacksonville, FL