FEDCOMP Coffee Break Podcast Episode 85
HI I’m Dr. Stephen Taylor a federal Workers Compensation Consultant and a medical provider in Tampa & Pensacola Florida who has been helping government employees with work-related injuries, disability, FERS Disability, VA disability and other types of Federal program filings for 30 years. I have helped too many people to count all over the country with properly filing their Federal Workers Compensation Claims and/or disability claims for about three decades. After all these years I have decided to create a tutorial podcast to assist with all kinds of topics related to injured federal workers and/or contractors. The name of this tutorial podcast is Federal Workers Compensation Coffee break Podcast. It is based on the lunch and learn short learning format. Here at this podcast we discuss all sorts of topics related to federal workers compensation, Department of Labor, OWCP, FECA ACT, FERS, longshore-maritime, DOD contractors, VA benefits over a cup of coffee. I cover these relevant topics in a short coffee break style format because in order to discuss topics that government employees always ask for assistance on for all of these years. I do this to assist you the government employee, you and your doctor or your coworkers with claim filing denials or with appropriate filing of benefit claims, disability or injured worker claims. The best part about this podcast and all of it’s tutorials for successfully navigating DOL, FERS & OWCP benefits… is that I do it all for free. All you need is a cup of coffee and a notebook.
So, I am going to do another viewer question and email Q& A show for the listeners today to answer a specific email question that I received from several people over the last few months. What do you do when an injured worker is sent agency forms directly that has aggressive language and deadlines associated with it without involving the protection of the OWCP claims examiner. I have seen agency forms that are being sent out to injured workers directly in violation of the FECA ACT. When an agency sends you a form that effects your work status, leave status or reasonable accommodation requests without sending it to your OWCP claims examiner, they are violating the FECA rules process. Under FECA procedures, a proper offer of suitable work, or reasonable accommodation request must be coordinated with OWCP. Direct offers made solely to the injured worker (or the treating physician) that bypass the claims examiner are improper and frequently used to pressure employees. Any such offer should be immediately reported to your claims examiner.
Let's dive into this email question and the FECA answers to this topic today.
Ok let's get out coffee going and READY---LET'S BEGIN?
Topic: Employing Agency Abuses of Modified-Duty Offers & Unauthorized distribution of agency Forms Under FECA
Here is the viewer email question: Can my employing agency offer me modified (light) duty or reasonable accommodation requests directly without involving the OWCP claims examiner?
So, we are going to answer this question at the end of the podcast but it let’s go over the rules and process for what is the proper procedures under the FECA ACT for agency communication and demands that are sent only to the injured worker or their doctor without involving the OWCP claims examiner.
First this is a growing problem that injured federal workers keep running into: employing agencies that try to short-circuit the OWCP process by offering modified duty straight to the injured employee—or handing them agency medical-clearance forms—while deliberately leaving the claims examiner out of the loop. That’s not just poor practice. In many cases it violates the Federal Employees’ Compensation Act.”
Core Problem with this process first under the OWCP and FECA ACT rules:
Agencies are increasingly making written or verbal modified-duty offers directly to the injured worker (or the treating physician) without concurrent notice to, or approval by, the OWCP claims examiner.
They often attach arbitrary return-to-work deadlines and imply that failure to report will result in loss of compensation or disciplinary action.
Separately, agencies are giving injured workers their own “medical clearance” or fitness-for-duty forms and instructing the worker to have the OWCP-authorized physician complete them—again without routing the form through the claims examiner for suitability review.
Both practices are becoming routine and are being used to pressure workers off the compensation rolls.
Legal Framework – Temporary Total Disability When the Agency Won’t Accommodate
Cite the controlling authority clearly:
5 U.S.C. § 8105 (Total disability): When the disability is total, the United States shall pay monthly compensation equal to 66⅔ % of monthly pay (75 % with dependents). Temporary total disability exists when the work-related condition prevents the employee from returning to the date-of-injury job or earning equivalent wages, or from performing other gainful employment.
20 C.F.R. § 10.500(a): Compensation for wage loss is available only while the work-related medical condition prevents the employee from earning the wages earned before the injury. The regulation also states the converse: an employee is not entitled to wage-loss compensation to the extent that suitable light duty was available and the employee was
Key points to discuss today; When the agency has not made suitable work available (or has refused to accommodate), and medical evidence shows continuing residuals that prevent pre-injury earnings, entitlement to temporary total disability continues. The agency’s refusal or inability to accommodate does not extinguish FECA compensation rights. The OWCP CA-17 or CA-5C already has restrictions, accommodations and modification on the PROPER OWCP FORM. The FECA ACT requires that any attempt by an agency to request additional reasonable accommodation or modified duty offers to an injured worker directly without involving the claims examiner is not appropriate according to the FECA ACT. All accommodations, restrictions and modified duty offers are to be provided to the claims examiner for suitability and a copy be given to the injured worker, Once a claims examiner determines that the accommodation or modified duty offer is found to be suitable by the claims examiner, she forwards this agency offer to the OWCP treating physician for suitability with a 30 day deadline in the request letter. This system is being abused across the country at scale right now.
Supporting regulatory guidance:
20 C.F.R. §§ 10.505–10.507 – Employing-agency responsibilities to make reasonable efforts to place the employee or to make a proper written offer of suitable work to OWCP claims examiner and the injured worker.
DFEC Procedure Manual – When the agency cannot or will not provide light duty after an accepted claim, the claims examiner evaluates medical evidence of continuing disability and processes CA-7 wage-loss claims accordingly.
Restoration/reemployment rights under 5 U.S.C. § 8151 and 5 C.F.R. Part 353 are separate (primarily OPM) and do not control FECA compensation entitlement.
What Injured Workers Should Do
Continue filing CA-7 claims for any period of wage loss, supported by current medical evidence (CA-17, narrative reports, etc.).
Document every agency contact that offers modified duty or demands return to work without OWCP involvement.
Immediately notify the claims examiner of any direct modified-duty offer or agency-created medical form.
Do not assume that an agency deadline overrides OWCP’s determination of suitability or continuing disability. This is not supported by federal administrative law, rules, and provisions in the FECA ACT.
Medical-Provider Obligations – Agency Forms Are Not Mandatory
There is no FECA/OWCP requirement that an authorized treating physician complete forms created solely by the employing agency and sent only to the patient or the physician’s office.
Required medical submissions under FECA are limited to:
CA-16, CA-20, narrative reports, OWCP-5 series work-capacity evaluations, and similar documents submitted to OWCP.
Agency-directed fitness-for-duty examinations fall under separate OPM/personnel rules and may not interfere with the employee’s choice of physician or authorized OWCP treatment.
The only agency-related form that an OWCP provider is routinely expected to complete is the CA-17, CA-5C or annual CA-20 Duty Status Reports. Everything else requires either:
An explicit order or request from the OWCP claims examiner, or
Falls outside FECA (reasonable-accommodation paperwork under the Rehabilitation Act/ADA, agency leave policies, etc.—FMLA is the limited exception).
This pattern is not isolated; it is becoming a systemic abuse.
Claims examiners must be kept in the loop on every modified-duty offer, reasonable accommodation request and every medical form that purports to clear an injured worker for return to work or effects their employment status.
Injured workers and their representatives should push back firmly, document everything, and insist that suitability determinations remain with OWCP.
Agencies that continue these practices risk both improper termination of compensation and potential administrative challenges.
“Modified Duty Without OWCP: When Agencies Cross the Line”
“FECA § 8105 and the Agency’s Duty to Accommodate—Or Pay”
“Stop Signing Agency Forms: What Your OWCP Doctor Actually Has to Complete”
Supporting Citations to Keep Handy for Guests/Hosts
5 U.S.C. § 8105
20 C.F.R. § 10.500(a)
20 C.F.R. §§ 10.505–10.507
DFEC Procedure Manual chapters on light duty and disability management
Distinction between FECA compensation and OPM restoration rights (5 U.S.C. § 8151 / 5 C.F.R. Part 353)
Modified-Duty Offers & Unauthorized Agency Medical Forms Under FECA
Q1: Can my employing agency offer me modified (light) duty directly without involving the OWCP claims examiner?
No. Under FECA procedures, a proper offer of suitable work must be coordinated with OWCP. Direct offers made solely to the injured worker (or the treating physician) that bypass the claims examiner are improper and frequently used to pressure employees. Any such offer should be immediately reported to your claims examiner.
Q2: If the agency offers modified duty and gives me a deadline to report, do I lose my wage-loss compensation if I don’t show up?
Not automatically. Compensation continues when medical evidence shows that your accepted work-related condition still prevents you from earning the wages you earned before the injury and the agency has not made a suitable job available through proper OWCP channels. Arbitrary agency deadlines do not override OWCP’s determination of ongoing disability or suitability of the offered work. File a CA-7 for any period of wage loss and notify your claims examiner of the offer right away.
Q3: What does the law actually say about temporary total disability when the agency refuses or cannot accommodate light duty?
5 U.S.C. § 8105 provides that if the disability is total, the United States pays compensation equal to 66⅔ % of monthly pay (75 % with dependents).
20 C.F.R. § 10.500(a) confirms that wage-loss compensation is available for any period during which the work-related medical condition prevents the employee from earning pre-injury wages. When the agency has not made suitable light duty available (or has refused to accommodate), and medical residuals continue, entitlement to temporary total disability remains intact. The agency’s refusal does not extinguish FECA rights.
Q4: Is my OWCP-authorized doctor required to complete medical clearance or fitness-for-duty forms created by my employing agency?
No. There is no FECA requirement that an enrolled treating provider complete agency-created forms sent only to the patient or the physician’s office. The only routine agency-related form an OWCP provider is expected to complete is the CA-17 Duty Status Report. All other medical reports (CA-16, CA-20, narratives, OWCP-5 series, etc.) must be submitted to OWCP. Agency fitness-for-duty forms fall under separate OPM/personnel rules and do not create a mandatory obligation under FECA unless the claims examiner specifically directs review.
Q5: What should I do if the agency hands me one of their own medical forms and tells me to have my OWCP doctor fill it out?
Do not simply hand it over. Notify your claims examiner immediately, provide a copy of the form, and ask whether the examiner wants the physician to complete it. Keep a record of every contact. Completing the form without OWCP involvement can later be used by the agency to claim you were cleared for return to work.
Q6: Does filing for wage-loss compensation (CA-7) still make sense if the agency says “we offered you light duty”?
Yes. Continue submitting CA-7 claims supported by current medical evidence that documents your restrictions and inability to earn pre-injury wages. The claims examiner—not the employing agency—decides whether the offered work was suitable and whether compensation remains payable.
Q7: Are restoration/reemployment rights the same as FECA compensation rights?
No. Restoration rights under 5 U.S.C. § 8151 and 5 C.F.R. Part 353 are administered primarily by OPM and are separate from FECA wage-loss benefits. Even if restoration rights are limited (for example, for temporary or probationary employees), FECA compensation continues based on medical disability and actual wage loss attributable to the accepted injury if the appropriate OWCP return to work status forms are being provided to OWCP by your treating physician.
Q8: What is the single most important action an injured worker should take when these issues arise?
Document everything and keep the OWCP claims examiner in the loop. Report every Agency direct modified-duty offer, every agency-created medical form, and every threat of discipline or loss of benefits. Compensation decisions rest with OWCP, not the employing agency when you have an accepted work-related conditions that falls under the rights, protections, rules and provisions of the FECA ACT.
It is important to know your rights. Remember I am not your doctor or attorney this is an education podcast format to assist you in defending your rights. Always utilized your union stewards, OWCP consultants or attorney if you think you are the victim of this topic of discussion.
Ok… I think that is enough for today…I need to warm up this coffee and get going. I want to thank you for listening and want to remind you to share this podcast with other federal workers you think would benefit from this information. Also be kind enough to leave a 5 star review on the platform you found this podcast, like or subscribe to any of the major podcast platforms so others will also find this information. Also if you need an approved medical provider for your DOL -OWCP Or Longshore case in Florida you can still find me in Pensacola and Tampa. To make a consultation with me to discuss your case or if you know someone if Florida who is recently injured you can call the clinic at 813-215-4356 or 813-877-6900 or go to our website at https://fedcompconsultants.com & https://fwcmedicalcenters.net Also if you are in another state and you want me to assist you with claim questions or assistance for your doctor you can email me at fedcompconsultants@protonmail.com As usual I want to thank all of you who put on that uniform, that badge, deliver that mail, take care of our veterans and make this government run… a big thank you. I do this for free just for you…We could not do this without all of the work all of you out there do…so this is my big thank you. And remember if you have an injured federal claim and you need assistance….I am here to help!.
Also remember there is power in prayer. Pray for your nation, coworkers and for God's providence in current times of unrest and war. God Bless.
See you next time.
