Southeast ADA Center
2007
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In 1989, Ms. Peggy Gantner was employed by the United States Postal Service (“USPS”) as an Automated Markup Clerk. In the course of her employment, Ms. Gantner suffered a back injury and a carpal tunnel injury to her wrist. In light of these injuries, the Department of Labor’s Office of Workers’ Compensation Programs (“The Office”) agreed to make every reasonable effort to accommodate Ms. Gantner and place her in a position within her medical restrictions.
The Federal Employees Compensation Act (“Compensation Act”) is a program administered by The Office that provides payment of workers’ compensation benefits to civilian officers and employees of the U.S. government. Under the Compensation Act, The Office must determine if a limited-duty job is “suitable work” for a federal employee with a compensable job-related injury and is then required to provide the modified position as an accommodation. An employee who accepts a modified position is entitled to receive compensation benefits, while an employee who refuses to accept a modified position is not entitled to receive compensation benefits unless she can show just cause for the refusal.
The Office determined that Ms. Gantner qualified under the Compensation Act and notified USPS that it was required to accommodate Ms. Gantner according to her medical restrictions. In March 1996, the USPS created the Window Clerk Modified position (“modified position”) for Ms. Gantner. She began work in this position in June 1996.
After a month and a half in the modified position, Ms. Gantner stopped coming to work. She claimed both a recurrence of her carpal tunnel injury and a failure on the part of the USPS to provide her with the modified furnishings that would have allowed her to fully perform the functions of the modified position. In September of 1996, The Office notified Ms. Gantner that she was not justified in leaving the modified position, and for purposes of the Compensation Act, The Office viewed her as having “abandoned suitable employment.” In light of this, The Office terminated Ms. Gantner’s workers compensation benefits.
https://adasoutheast.org/court-decisions/gantner-v-potter-postmaster-general
Keywords: Federal Employees Compensation Act (FECA), Rehabilitation Act, employment, facility access, legal concepts, modified position, state & local government