§ 10.509. If an employee's light duty job is eliminated due to downsizing, what is the effect on compensation?
105 words·~1 min read·
/us/cfr/t20/s§ 10.509·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In general, an employee will not be considered to have experienced a compensable recurrence of disability as defined in § 10.5(x) merely because his or her employer has eliminated the employee's light-duty position in a reduction-in-force or some other form of downsizing. When this occurs, OWCP will determine the employee's wage-earning capacity based on his or her actual earnings in such light-duty position if this determination is appropriate on the basis that such earnings fairly and reasonably represent the employee's wage-earning capacity and such a determination has not already been made and the employing agency has stated, in writing, that no other employment is available.