No Work Available -- post office

My friend is out on a "no work available" status form the post office. He held a rehab position and had some severe medical restrictions. he is also a preference eligible vet and filed a appeal to the MSPB. My question is, Does anyone have any info/experience to know if the MSPB will return him to work if he cannot do what they, the Post office is calling, Productive work? His rehab job was very limited in nature. There must be several of these appeals in the last year, but those that are successful are not typically published decisions available on their (the MSPB) website.

While your friend is exploring the issue as to the MSPB, he should know that he is eligibel for WC benefits based upon a recurrence of disability. He should file a CA-2a.

to gordon, being in this same situation, DOL received my CA2A claim for recurrence due to withdrawal of a 4 hour a day limited duty job. their response is that the LWEC decision remains in effect regardless of my actual earnings.i know this is their form letter, but it seems to me that i have to prove that the condition has actually worsened to receive the actual difference of the LWEC and my actual earnings claimed with the accompanying CA7 and i have 30 days to respond. am i reading this wrong or are they just blowing mandatory smoke?

You are correct. I either forgot or did not know that a LWEC decision was entered..Once that is in place there are only three ways to have it modified. One's work-related conditon either (1) improves or (2) worsens or (3) the originial decison was eneted in error.

hi how are you looking to show you medical condition worsened when all they did was pull you job form you? I am going to be going thru this same thing but 8 hour job and a "0" LWEC.

I would file with OWCP regardless.

Did your friend ever receive an SF-50 (might be a PS 50 in the Post Office) with a formal job title and job series number?  If not, then that light or limited duty job is not a "real" job in the Federal or Postal Service.

I would argue that the WEC award was erroneous because the job in question was not a "real" job in the Federal or Postal service, if it had no proper classification associated with it.

Your mileage may vary.  But, I think it's worth a shot, if the shoe fits.

I will file regardless for sure, my  lastest Form 50 states:

"As per District H RM, placed in rehab position #70042095.20071017"

Is that a made up job? How does one tell. All jobs can have numbers assigned to them. If excessing was not in our office, and if I was to go.. this job would NOT be posted... never was posted. Excesing mudles things up bad.. Is a real job "real" cause it would be posted..and then give me reasonable accomadations to do job...? Management has right to  make assignments all the time, make and take away but what makes them real, is it that they have to be posted. If a person like me is just asigned to something  it is made up from the ELM and union contract Regs. requierments and  "Managm... rights to govern". I wonder If I could use the MSPB cases they used to assigned jobs to past rehab persons and union fought and lost right to have posted cause managemanet said it was done under the ELM 540 regs. and not a real job.... comments....

This blows that option out,,  made up job is real enough..  ELM

A partially recovered current or former employee reassigned or reemployed to a different craft to provide appropriate work must be assigned to accommodate the employee’s job–related medical restrictions. Such assignment may be to a residual vacancy or to a position uniquely created to fit those restrictions; however, such assignment must not impair seniority rights of PTF employees. Minimum qualification requirements, including written examinations, may be waived in individual cases for former or current employees injured on duty and being considered for reemployment or reassignment. When there is evidence (including that submitted by the postal physician or occupational health nurse administrator) that the employee can be expected to perform satisfactorily in the position within 90 days after assignment, a waiver may be granted by one of the following: