[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR10.222]



[Page 26]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 10_CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION 

ACT, AS AMENDED--Table of Contents

 

                      Subpart C_Continuation of Pay

 

Sec.  10.222  When may an employer terminate COP which has already begun?



    (a) Where the employer has continued the pay of the employee, it may 

be stopped only when at least one of the following circumstances is 

present:

    (1) Medical evidence which on its face supports disability due to a 

work-related injury is not received within 10 calendar days after the 

claim is submitted (unless the employer's own investigation shows 

disability to exist). Where the medical evidence is later provided, 

however, COP shall be reinstated retroactive to the date of termination;

    (2) The medical evidence from the treating physician shows that the 

employee is not disabled from his or her regular position;

    (3) Medical evidence from the treating physician shows that the 

employee is not totally disabled, and the employee refuses a written 

offer of a suitable alternative position which is approved by the 

attending physician. If OWCP later determines that the position was not 

suitable, OWCP will direct the employer to grant the employee COP 

retroactive to the termination date.

    (4) The employee returns to work with no loss of pay;

    (5) The employee's period of employment expires or employment is 

otherwise terminated (as established prior to the date of injury);

    (6) OWCP directs the employer to stop COP; and/or

    (7) COP has been paid for 45 calendar days.

    (b) An employer may not interrupt or stop COP to which the employee 

is otherwise entitled because of a disciplinary action, unless a 

preliminary notice was issued to the employee before the date of injury 

and the action becomes final or otherwise takes effect during the COP 

period.

    (c) An employer cannot otherwise stop COP unless it does so for one 

of the reasons found in this section or Sec.  10.220. Where an employer 

stops COP, it must file a controversion with OWCP, setting forth the 

basis on which it terminated COP, no later than the effective date of 

the termination.