20 C.F.R. · Employees' Benefits
20 C.F.R. § 10.509

If an employee's light duty job is eliminated due to downsizing, what is the effect on compensation?

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Regulatory Text

20 C.F.R. § 10.509 — If an employee's light duty job is eliminated due to downsizing, what is the effect on compensation?

§ 10.509 If an employee's light duty job is eliminated due to downsizing, what is the effect on compensation? 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.

Source: ecfr.gov · govinfo.gov — public domain Official Source ↗
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20 C.F.R. § 10.509
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The regulatory text of 20 C.F.R. § 10.509 is reproduced from the official Code of Federal Regulations as published by the Office of the Federal Register and the National Archives and Records Administration.
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