Workers' comp terminated — re-apply for former position?

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Q. I have been drawing workers’ compensation for seven years. Several years back, my wife sold some pups and I failed to turn it in as income. I entered a plea to three felonies. I was told by my court-appointed attorney that my supervisor position for the Postal Service should be made available for my return to work where the previous injury occurred. Is this the case? How should I approach my former employer about my job?

A. Only if you recovered from your disability within one year from the date you first became entitled to FECA payments would you have the right to return to your former job or an equivalent position. Because your period of disability extended beyond one year, you only have priority placement rights to your former position or an equivalent one, provided that you apply for restoration within 10 days of the date your compensation ends. Priority consideration means that your agency will enter you on their re-employment priority list.

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Reg Jones was head of retirement and insurance policy at the Office of Personnel Management. Email your retirement-related questions to fedexperts@federaltimes.com.

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