Compensable Injury or Disability

REF:
n 5 CFR Chapter 330, subpart B

Employees who have an on-the-job injury or illness which the Department of Labor (DOL) determines to be compensable have restoration rights managed basically on the length of their absence. An individual is entitled to mandatory restoration to their former position (or an equivalent one) if (s)he fully recovers from a compensable injury within one year of the date compensation begins, or from the time compensable disability recurs if the recurrence begins after the employee resumes regular employment. An employee who takes longer than one year to recover from a compensable injury is entitled to priority consideration for restoration to the position he or she left or
an equivalent position provided the employee applies for reappointment within 30 days of cessation of compensation. Restoration of these employees is usually managed under the agency Reemployment Priority List.

Since the prognosis in these cases is unpredictable, the vacancy is usually filled on a temporary basis until the determination is made as to approximately when the employee will return to the position.

If the employee only partially recovers and has limitations which prevent the performance of the full range of duties, then action is taken to redesign the position to accommodate the employee's return or to find another position more suitable for placement. If another position is found, then the original position may be permanently filled.

RELATED TOPICS: Priority Consideration and Placement Program, FECA (Light Duty Assignments)

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Revised: 11/10/98
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