DeCiccio & Johnson
Does my Agency have to comply with the restrictions imposed by my PCP if my case is denied by OWCP?
Let’s assume you have filed a CA-1 or CA-2 in your federal workers’ compensation claim and the Department of Labor has denied your case. Your PCP has imposed physical restrictions and limitations on your ability to work from your work-related injury. Does the agency have to honor the restrictions?
The agency does not have to honor the physical restrictions and limitations assigned by your PCP because your case has been denied. To have the agency abide by your physical restrictions under OWCP, you must appeal the denial and win your case. Next, you will have to submit medical proof that your physical restrictions are connected to your work-related accident.
Even if your workers’ compensation case is denied, you have the right to ask the agency for reasonable accommodation, and the agency must engage in the interactive process and attempt to find a suitable job. You can do this during the appeal of your workers’ compensation case.