Mizel /m6278 - Welcome back and thank you for the news links. I added same to PEN's news today.

Hey guys!! Relative to my comment at /m6277, I forgot to post the acutal page from the 2011 Obama budget plan(Or is it Rahm's or Valerie's or Gibbs' or Geitner's??)which summarizes the Admin's goals and "justification" for the proposed FECA overhaul, which can be found at page 106, once the document is opened, in the Adobe reader plug-in.... and believe me folks... it is quite literally one page long!! Can't wait to see the broad strokes on this one.... until then the condensed version will have to do:

http://www.whitehouse.gov/omb/budget/fy2011/assets/trs.pdf

Hey folks.. It's Mizel... and... awww... forget it!!!

Hey Guys.. Long time no read... Just busy.. but alas... I come as the bearer of bad news...me thinks... check this out:

http://www.govexec.com/dailyfed/0210/020410pb.htm

and the GAO report from 1996 regarding the age cap on FECA claimants:

http://www.gao.gov/archive/1996/gg96138b.pdf

Hey.. uh... if any of you out there run into our President anytime soon, could you thank him for his "proposal"??... :-(

It's Mizel in 2010 and, once again, I'm gone....

I am going to put in for a schedule award for my injured elbow. The CE sent me a form 5c. My question is, is this an evaluation form for the compensation? The line g has been marked with a yellow felt pen. Does the Dr have to fill out line 2 describing my ability to work? Thanks for any info.

Alief REF 6272
ADDENDUM
Your decision was December 3, 2009. I like the Branch of H&R or ECAB appeal process with respect to LWEC. You may have ran out of time for the 30 days H&R appeal process.

Tim Egbuchunam, BBA, MPA

Alief.ref 6272
Ha-ha. It sounds like rush to judgment. Well, you have to at least maintain the job for 60 days my friend in order to justify the LWEC. The decision must indicate that OWCP placed a call to the employing agency and documented that you are working in that capacity prior to the LWEC determination. A whole lots of other things must be in place to validate the LWEC.
Are you willing to share the decision with me?.

Your responsibility is to ensure that OWCP is in conformity with respect to FECA Procedural Manual governing LWEC.
You need further assistance, reach me via my link.
Tim Egbuchunam, BBA, MPA

Regarding OWCP claims examiners (CE's). As I posted earlier and several times before, the vast majority of OWCP claims examiners that I have dealt with personally are arrogant, self-centered, and in many cases not very knowledgeable...of course I can only speak for my OWCP district.

BUT - not all CE's follow this rule. I have found one that is understanding, caring, professional, and extremely knowledgeable - and, the best thing is...he is now a retired OWCP claims manager and, as I stated before, has his own page here at PEN. His name is Tim Egbuchunam and here is his PEN page:

http://www.postalemployeenetwork.com/feca-help.htm

Regarding the lack of professionalism from the vast majority of OWCP CE's please read here for attestment to this fact:

http://owcplawyer.blogspot.com/2009/03/bew...aims-examiners.html

Rick Owens
PEN
.

Retired OWCP Mgr Tim I received my decision Dec 3 and no I havent exercised any appeal rights, I had actually only worked 1 day my first day back at work I was in a car accident on my way home and was out for 3 months I got the letter while I was out.

Ref 6265
Alief.
This does not sound good. Snowed is correct. Usually an LWEC is performed after 60 days of return to work. First you will receive Pre-Reduction letter. Generally, this letter may not be issued if you have worked for 60 days.
There are several criteria for an LWEC to be considered valid. I do not know your situation and will not comment on your LWEC validity at this time. When did you receive your decision?. Have you exercised any appeal rights offered in that decision?.

Ref 6264
Postaljoe
Elbow injury is the accepted work condition in 2005. You indicate that this injury may have been deteriorating since you continued to perform your Federal duties.
Do you know if your claim is open for medical care at this time. You can check the status via CQS. The current status of the claim will determine your next course of action my friend.
No sir, there is no statute of limitation on schedule award payment. However, the longer you wait to provide PPI, the more likely, your injury may begin to fully recover or even resolved. You can receive continued medical treatment for this injury but first, you need to know the current status of the claim.
The 3 years time frame concerns filing of a claim. Whether the claim is Traumatic Injury or Occupational Disease Claim carries 3 years time limitation for filing purpose. Check the status my friend and we will go from there. You need further assistance check my link.
Tim Egbuchunam, BBA, MPA

Snowed when u say modifaction is approved what do u mean, if my hours increase does my LWEC amount decrease I really dont understand how it works.

A LWEC is stays in place unless modification is approved or you go back to full earnings. This can be a plus if you get more hours, but is negative if your hours drop. If your restrictions are permanent, the PO will probably look for a way to get rid of you thru the NRP and the LWEC would be some trouble. Good Luck.

Snowed the amount was not as much as it would have been if I filed a ca7 every two weeks, does that mean the LWEC is permanent, I really dont understand seeing that my work hours will increase.

alieft42-
It is unusual for a LWEC to be done so soon. Usually 60 days minimum so actual wages can be used. What was the amount of your LWEC? You have a right to appeal. Maybe Tim will add....

To: Snowed or Retired OWCP Mgr Tim, My question is I was off work for surgery for a work related injury and returned to work with restrictions and a 4 hour workday I had only been back to work two weeks when I received a LWEC determination from OWCP although my work restrictions are permanent my hours are not does this sound right, any help would be appreciated thank u.

To: Retired OWCP Mgr Tim -

Please sir, can you address this for me...

I have an approved OWCP claim for an injury to my elbo at work. The claim was approved in December 2005. At that time the physician said there was nothing I could do about the injury other than have surgery or control the pain with medications...I chose not to have the surgery. I worked with the injury by controlling the pain daily with Ultram. Over the years this pain has increased and now seems to be restricting the movement of my arm/shoulder - I believe arthritis has also set-in.

Since three years has expired am I out of luck on filing for a schedule award and/or receiving any treatment for this injury? I will retire from USPS in about 6 months and just wanted to see if it was possible to receive some sort of payment for this injury and to find out whether or not any treatment could be covered by OWCP.

I never really received any further treatment after my initial doctor visit for this injury - I only had my physician renew the prescription for pain. Like many other postal employees during the past few years I just did not want USPS cutting my throat for filing on this injury further...so, I just gritted my teeth, took my pain meds, and got the job done.

Once the three years has expired, on any type OWCP claim, does that mean its over...the claimants rights have expired? If not, then what needs to be done by the claimant in order to re-open the claim?

Thank you for your assistance.