Code of Federal Regulations (alpha)

CFR /  Title 20  /  Part 10  /  Sec. 10.509 If an employee's light duty job is eliminated due to

In general, an employee will not be considered to have experienced a compensable recurrence of disability as defined in Sec. 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.