---
kind: "section"
citation: "20 C.F.R. § 10.509"
title: "20"
number: "10.509"
heading: "If an employee's light duty job is eliminated due to downsizing, what is the effect on compensation?"
url: "https://uscodex.org/cfr/20/10.509"
---

# §10.509. If an employee's light duty job is eliminated due to downsizing, what is the effect on compensation?


In general, an employee will not be considered to have experienced a compensable recurrence of disability as defined in [§ 10.5(x)](/cfr/20/10.5.md?p=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.


## Notes

### Authority

Authority: 5 U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263.

### Source

Source: 76 FR 37903, June 28, 2011, unless otherwise noted.