OWCP denied thousands of cases on the basis that a loss of wage earning capacity had been established by the offer of a modified job. If the job was bona fide, that is was a “real job” then the claimant would not be entitled to temporary total compensation.
OWCP denied thousands of cases on the basis that a loss of wage earning capacity had been established by the offer of a modified job. If the job was bona fide, that is was a “real job” then the claimant would not be entitled to temporary total compensation. However, FECA Bulletin 0905 requires OWCP to develop the evidence to determine whether, in fact, the wage earning capacity determination was made using an actual bona fide position. In the case of P.G. and Post Office issued September 16 2015 Dockett 14-1797, the Board finally clearly dictated the correct criteria to determine a bona fide job. The job must consider: seniority rights; the claimant must be able to bid on other assignments; the position must be available to the community at large. The job cannot be one made to accommodate just the claimant’s work related restrictions. The job must be open to the general public.