The OWCP and the employer are charged with the responsibility of providing the injured worker with a suitable modified duty job offer if the employee cannot return to his or her regular duty job. If the offer is not deemed suitable, an employee need not accept the offer. If, however, the employee denys the job offer which is ultimately found to be suitable, the employee can be terminated and will forfeit entitlement to future compensation including a schedule award.
A modified duty job offer must be in writing and include the following; (1) a description of the duties to be performed; (2) the specific physical requirements of the position; (3) the organizational and geographic location of the job; (4) the date that the job will be available; (5) the date to which a response to the job offer must be provided.
The point at which a modified duty job offer seems to fail most often is in regard to whether or not the specific physical requirements of the position match up with the restrictions and limitations of the injured worker as set out by the physicians.
When reviewing a job offer, it is recommended that you take it to your physician to obtain his or her opinion as to whether or not it is within your present restrictions. If your authorized treating physician is willing to draft a letter specifically advising a medical opinion as to why the specific physical requirements of the position are outside of your restrictions, you may have valid evidence to successfully deny the job.
To contact Steve Barszcz Esq. with additional questions or to get help in your case, please call him TOLL FREE @ 877-655-2667 or write him at Steve@theOWCPattorney.com
© Stephen V. Barszcz, P.A. 2012
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