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Job Injury Help and Information for U. S. Postal Service Employees

On The Job Injury Help and Information
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^     All messages            10865-10880 of 10880  10849-10864 >>
10880
Brownbomber2Person was signed in when posted
10-23-2014
05:33 PM ET (US)
throwed under the bus/10879 I am not sure what advice to give you. The leg pain is a result of nerves being pinched in your back. OWCP stonewalls just like the V.A. and will continue to do so until forced to do otherwise. Nobody seems to want to take up a case against them. Darrel Issa has a big grudge against the postal service for some reason and I would think they would be on his list as well, but he may be in their corner. Those claims examiners have way to much power over the lives of the working class. All they have to do is stamp it denied and send you a letter saying they did it for just about any reason. Attorneys know that and will not invest the time and effort to take a case, because unless I am mistaken, federal law limits what they can get in compensation themselves. You have to talk to your doctor and tell him that language in describing your injury has to be decisive in its wording. He cannot use the words, could have caused, or may have caused or any other phrase that does not take a firm stand on the relation of your injury to the accident that caused it. Contact your union and ask them to look at past cases and the language used. Even a well written letter can be denied, but they have a harder time doing it. It may take several appeals, I have been at it quite awhile and I anticipate it going to an oral hearing and I wish I had already requested that so that I could talk to the judge myself and make my case. Doctors are not interested in a prolonged battle with them because it costs them money, by having to write detailed reports and some doctors take it for granted that just because they understand what they are trying to say, that their word will be taken for granted. That just doesn't happen with OWCP. They know the longer they stall, the better chance they have of you getting frustrated and calling it quits. All I can tell you is keep fighting them, research all you can about the language and how to argue your case, because you will probably end up having to argue your case yourself at a oral hearing.
10879
throwed under the busPerson was signed in when posted
10-21-2014
10:28 AM ET (US)
Brownbomber2 10872
I had a disc to collapse, my claim was denied because doctor did not do a good enough medical narrative of my injury, which was an injury from old injury which was accepted by OWCP for lumbar sprain and the doctor was treating me for an annular tear and mri showed a herniated disc. I agree with you I do not want to pay an attorney to fill out one piece of paper when I feel like I should be able to do. I need all of my money, I have not had a paycheck since 8-1-14.My fmla has ran out. My doctor told me he would have me a letter last Thursday. I have 30 days to do an appeal which began on October 6. I filed a CA2. My left leg is not functioning 100%. What is it about the left leg being connected to your back. I can try and lift left leg and it pulls the back but right side does not do this. You would think because we work for the federal government we would be taken care of a hell of a lot more. And you can't find an atty who will take on federal workers comp. Why is that?
10878
Brownbomber2Person was signed in when posted
10-20-2014
03:12 PM ET (US)
Bobby Baker/10871, as snowed said, if you are drawing wages from OWCP you cannot draw a schedule award until you are no longer on their payroll. You cannot draw wages and schedule award for the same case at the same time. You also have to be at Maximum Medical Improvement (MMI) and it has to be in writing from your treating physician that you have reached MMI, before you can file for a schedule award. You can, however draw wages from another case if you have multiple case numbers and draw a schedule award for a different case number, but that is the only exception that I am aware of.
10877
Brownbomber2Person was signed in when posted
10-20-2014
03:06 PM ET (US)
Rick Owens/10874 I have one accepted claim for lower back before the fall and I had three orthopedic surgeons sign off on the claim for expansion of the original after the fall. Interesting enough, the only one who didn't was Dr. Ellis. He asked if I had pain in my left leg and lower back while I was sitting at his desk at the moment. I told him that at that very moment I did not have pain in the leg and started to add that the pain was generally present when standing, walking or driving long distances and he stopped me in mid sentence saying that was all he needed and went on to another question. My wife and I were both puzzled by that, as he directed his next question to her about my shoulder and sleep habits and whether she thought I was kept awake by arm or neck pain.
10876
SnowedPerson was signed in when posted
10-20-2014
01:13 PM ET (US)
Maybe Bobby is receiving wage loss on the body part he wants a SA for? If so he can't get both for the same period of time.
10875
Brownbomber2Person was signed in when posted
10-20-2014
12:10 PM ET (US)
Bobby Baker/10871
Who told you that you couldn't get a schedule award? You are eligible if it was work related and it there is a permanent disability involved. Depending on the percentage of loss of use of your leg as a result of the injury and surgery, you should be entitled to a schedule award that is determined by the percentage of loss you suffered. It may not be much or it could be a lot, but as my OWCP nurse told me, any surgery changes the mechanics of your body when it is repaired surgically. Just because you submit a CA-7 and OWCP says it is denied, doesn't mean you are not eligible. It can be denied for lack of evidence, which has to be provided by you to prove your case, the wording may not be to their liking, meaning your doctor didn't say without any reservation that your injury resulted in a loss and prove it, step by step according to the AMA guidelines. That still doesn't mean that you are not entitled. This is their ballgame and they bring the ball and if they don't want to play fair they don't have to. It is up to you, to get your doctor to cooperate and most doctors, do not understand the language that has to describe the disability. Don't use the doctor who did the surgery to evaluate you, they are the last ones that want to end up saying this is a disability that could be turned on them to instigate themselves in a lawsuit for malpractice resulting from their work and it reflects badly on their rating if you have a disability they could not fix. I don't know where to tell you to go, because I drove 10 hours to Oklahoma City on my dime and had to sit through a bible study lesson for an hour before the doctor ever mentioned my injuries. I lost faith in him pretty quick.
Edited 10-20-2014 12:13 PM
10874
Rick OwensPerson was signed in when posted
10-20-2014
09:31 AM ET (US)
Brownbomber2 /m10872 -

I have heard, do not know personally, that OWCP almost never approves back injury claims. Again, I only 'heard' this and have no experience with OWCP back claims.

What type of doctors have you seen or are seeing? They should be orthopedic surgeons. I did have that problem with Ellis at one time...OWCP kept denying my claim because they said that Ellis was only a family medical doctor and their ortho docs (SECOPs) medical rationale carried more weight than Doc Ellis'.

What was the original injury and how did it occur? I had a fall at work, carrying mail, and hurt my back. OWCP would not accept the claim. USPS paid the doctor and all, but OWCP would not accept. I also lifted a tub of mail several months after the fall and my back locked up totally...I could not stand back up - OWCP denied this one as well.

In the end only the filing of a CA-2 with ratings for lower extremities got everything below the upper extremities included - this I fought, as stated, for six years but finally won...with Doc Ellis' ratings winning out over all of their SECOPs and referee doctors.

I wish you luck. I know exactly how angry this can make you.
10873
SnowedPerson was signed in when posted
10-20-2014
01:12 AM ET (US)
There are good attorneys out there. You will have to expand your search nationwide.
10872
Brownbomber2Person was signed in when posted
10-19-2014
11:18 PM ET (US)
Rick Owens/10814
I have been at this since December of 2011, so if that means I am in a hurry, I guess I am. I am still trying to get the lower back and cervical spine connected to the fall at work. I have three doctors that have said that these conditions are a result of the fall, but I keep getting denied by OWCP. I have called at least 20 different attorneys and sat down with a few and all of them say they will not take on the federal government. I have two personal friends who are attorneys and they have tried to find me an attorney who will take my case and there is nobody out there that is interested in anything except the schedule award. I am not going to pay anyone several thousand dollars to fill out a one page form that I can fill out myself. OWCP operates with complete disregard for the health or welfare of those it insures and they do it without any worry of any action against them. I have two senators contacting them and they send them a form letter and that is that, the senators don't look any further into the case. I have an appeal in process right now, but they told me it will take months and if that fails, I have to request an oral hearing. I am not giving up, but I will not sugar coat anything for anyone along the way who doesn't do their job.
Edited 10-19-2014 11:19 PM
10871
bobby bakerPerson was signed in when posted
10-19-2014
01:23 PM ET (US)
 Hi. Does. Everyone get a scheduled. Award. I was told. I coud not. Apply I had some surgery on my leg
10870
KIMMIEKPerson was signed in when posted
10-16-2014
11:44 PM ET (US)
Does anyone know what the latest news means on the OWCP/ACS website? It says something about providers needing to register again?

Re-Enrollment Announcement
The Office of Workers’ Compensation Programs (OWCP) will be conducting a Re-Enrollment of all actively enrolled OWCP Providers. The automated process will utilize the current enrollment data and conduct a verification using central public databases to include: provider demographics, NPI, taxonomy, specialty type, licensure, EFT, and proof of Medicare Certification where applicable.

For more information about Re-Enrollment click here

Does anyone know if they sent letters to our doctors asking them to register again or do we contact our doctors ourselves?
10869
neicePerson was signed in when posted
10-16-2014
09:14 PM ET (US)
Cady - That's pretty shabby about your doctor not even writing the truth (I mean if you told him it was work related). I wonder if that's even legal.

The problem you're referring to is when the post office offers you a job, they have to take into consideration all your health problems. Since you already have a modified job offer for your actual owcp injury then this new surgery doctor orders keeping you out of work doesn't apply in your situation.

The only thing you could do so that you are assured that you will be paid, is to have your owcp injury be the reason you can't go to work until November.

Another option, is to file another owcp claim, for your surgery injury when you find a doctor who will do the paperwork.

Another option also is to ask your owcp injury doctor (the one you already have), if he thinks this new injury you had to have surgery for is a "consequential injury" to your original injury. Cuz if it is, then that is where you can get owcp to pay you too. Your owcp injury doc would have to write very compelling medical evidence with medical rationale explaining the mechanics how this new injury you had surgery for developed from your original injury. ex. You have an original knee injury. A couple of months later you develop a hip injury or back injury because of the way you have to walk due to your original knee injury which causes you to lean too much on one side, etc. stuff like that
10868
JFP679Person was signed in when posted
10-16-2014
08:29 PM ET (US)
Cady... I can't help with most of your problems, but I can tell you I have to drive 275 miles to my doctor each way. OWCP approved it and they pay me mileage for every trip. I have been seeing him for 6 years and have had 6 surgeries with no problems from OWCP. I know how it is to live where no doctors will bother with federal work comp. I know it's a long way to drive, but for me it's totally worth it. I hope you can find someone!!
Good luck!
10867
SnowedPerson was signed in when posted
10-16-2014
08:24 PM ET (US)
Cady-
Yes OWCP is correct if you are working limited duty and you have to go out of work for a non work related injury then they don't have to pay you the hours of the limited duty job...BUT they should pay you what they were paying you all along. Say you were working 4 hours a day and getting comp for the other four hours....OWCP would have to continue paying you the four hours you were getting from them but not the 8.

What you are reading applies to if you were already getting 8 hours OWCP and you developed the new condition then if there is a job offer, they have to consider the new condition in the offer.

I would consider flying to see a reputable OWCP doctor.
10866
CadyPerson was signed in when posted
10-16-2014
04:43 PM ET (US)
I still don't understand the DOL chapter 2 Policy Job Offers and Return to Work, it states:

"If medical reports in the file document a condition which has arisen or worsened since the compensable injury, and this condition disables the claimant from the offered job, the job will be considered unsuitable (even if the subsequently acquired condition is not work-related). As noted previously, the claimant must be taken as a whole person. If a non work-related condition results in work restrictions, those must be considered."

So if I am reading this correctly by them requiring me to return to light duty and I cannot go because I am told no work until Nov 22nd for the 2nd injury that I should be considered as a whole person and should receive my OWCP.

Or am I missing something?
10865
CadyPerson was signed in when posted
10-16-2014
04:16 PM ET (US)
I went to the Drs. office and got my report and it states:

"has may months of pain. This is pain that has developed form use including use at work. She does not report a work injury."

I tried all of the Drs. within the 150 miles and all of them quit taking OWCP patients but they are still on the website.

I will file the Ca2 and may start calling Drs. further out. With winter coming on it will be hard to travel and I am restricted to driving only 2hrs.

niece, I thank you for the kind help!
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