Return-to-Work Evaluations for Federal Employees (FECA/OWCP)
The OWCP uses several types of medical and functional evaluations to determine when and how an injured federal employee can safely return to the job. These evaluations are critical in managing the claim and guiding reemployment efforts.
1. Attending Physician’s Report (AP’s Opinion)
This is the primary and ongoing evaluation provided by the employee’s treating doctor. It forms the foundation for determining work capacity during the recovery process.
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Evaluation Purpose: To establish initial work restrictions, certify periods of disability, document medical progress, and recommend future treatment (including physical therapy or surgery).
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Key Document: The physician provides reports and fills out forms (like the CA-17, Duty Status Report) that define the employee’s temporary limitations (e.g., maximum lift, hours of standing/sitting).
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Role in RTW: The AP’s restrictions are used by the employing agency to assess if a suitable Light Duty or Limited Duty position is available.
2. Functional Capacity Evaluation (FCE)
As discussed previously, the FCE is the most detailed functional assessment used when an employee’s condition is stabilizing and permanent restrictions need to be established.
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Evaluation Purpose: To objectively measure the employee’s maximum safe physical tolerances, validate their self-reported limitations, and define permanent work restrictions.
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Procedure: A multi-hour, performance-based test conducted by a certified physical or occupational therapist. It assesses activities like lifting, carrying, bending, crouching, and stamina, often tailored to the demands of the original job.
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Role in RTW: The FCE results provide the definitive, objective restrictions used by the OWCP to determine if the employee can:
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Return to the full duty of their original job.
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Return to a permanently modified or accommodated job.
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Begin Vocational Rehabilitation to find a new job within their demonstrated capacity.
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3. Second Opinion Examination (SOE)
If the OWCP Claims Examiner (CE) has questions about the medical necessity of treatment, the duration of disability, or the suitability of the attending physician’s work restrictions, they may order an SOE.
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Evaluation Purpose: To obtain an independent medical opinion from a physician chosen and paid for by the OWCP. This physician reviews the file, examines the employee, and provides an opinion on the diagnosis, relationship to employment, and functional capacity.
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Procedure: A one-time, non-treating medical exam. The employee is required to attend, and the examiner does not provide treatment.
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Role in RTW: The SOE may confirm, contradict, or modify the Attending Physician’s restrictions. If the SOE’s opinion supports the agency’s ability to offer work, it can lead to a formal return-to-work offer.
4. Referee Examination
The Referee Exam is used exclusively to resolve a conflict of medical opinion of equal weight. This typically occurs when the Attending Physician’s opinion conflicts with that of an OWCP-hired physician (like the Second Opinion Doctor or District Medical Advisor).
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Evaluation Purpose: To have a third, impartial physician—chosen by the OWCP and agreed upon by all parties—examine the employee and review all medical documentation. This physician’s findings are generally given the most weight by the OWCP.
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Procedure: Similar to an SOE, it is a non-treating exam. The examiner is asked to address the specific points of conflict (e.g., “Is the employee capable of continuous sitting for 4 hours, yes or no?”).
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Role in RTW: The Referee Physician’s opinion determines the final medical restrictions used to make the ultimate return-to-work or termination-of-benefits decision.
