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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 20 - Employees' Benefits |
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Chapter I - Office of Workers' Compensation Programs, Department of Labor |
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SubChapter B - Federal Employees' Compensation Act |
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Part 10 - Claims for Compensation Under the Federal Employees' Compensation Act, as Amended |
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Subpart F - Continuing Benefits |
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Return to Work - Employer'S Responsibilities |
§ 10.509 - If an employee's light duty job is eliminated due to downsizing, what is the effect on compensation?
Latest version.
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§ 10.509 If an employee's light duty job is eliminated due to downsizing, what is the effect on compensation?
In general, an employee will not be considered to have experienced a compensable recurrence of disability as defined in § 10.5(x) merely because his or her employer has eliminated the employee's light-duty position in a reduction-in-force or some other form of downsizing. When this occurs, OWCP will determine the employee's wage-earning capacity based on his or her actual earnings in such light-duty position if this determination is appropriate on the basis that such earnings fairly and reasonably represent the employee's wage-earning capacity and such a determination has not already been made and the employing agency has stated, in writing, that no other employment is available.