20 CFR 10.509
§ 10.509 If an employee's light duty job is eliminated due to downsizing, what is the effect on compensation?
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 10.509, § 10.509 If an employee's light duty job is eliminated due to downsizing, what is the effect on compensation?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/76557
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Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.