Research Notes

ECAB remands wage-loss denial by OWCP after letter carrier’s hours were reduced under NRP

When an industrially-injured Postal worker was “reassessed” by the Postal Service in 2009 and her work hours were reduced, she filed a claim with OWCP for wage-loss benefits under FECA.   She had partially recovered from her work injury and had been performing modified duty for years based on a loss of wage-earning capacity (“LWEC”) determination by OWCP that her modified duties were suitable.  Her claim for OWCP benefits was denied.  We successfully argued that OWCP failed to follow proper procedures in issuing the denial, including its own rules which prohibit basing an LWEC on makeshift work.  The Board, after oral argument by Mr. Brown in Washington DC, agreed and remanded the case to OWCP for re-adjudication following proper procedures.

 

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