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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            10734-10749 of 10749  10718-10733 >>
10749
SnowedPerson was signed in when posted
08-19-2014
11:20 PM ET (US)
on my way out-
Yay!
10748
neicePerson was signed in when posted
08-19-2014
09:35 PM ET (US)
kimmiek - Ronald N. Forbes 01-271 (2001) Medical evidence was nearly five year's old is not probative.
10747
on my way outPerson was signed in when posted
08-19-2014
09:07 PM ET (US)
Hi All: Got a decision today on the "hall pass", the medical provider sheet, where they put the time you arrived and left when seeing the doctor. It seems that they have decided that if you are off the clock( not working due to injury), you are not required to do this IDIOTIC task. Yea, we won one for the gipper. Now anyone in my city doesn't have to do this. From all the people I spoke with at therapy, doctors appts, etc, no one was having to do this anyway, just me. Yet, it will keep anyone else from having to do something so STUPID. Strictly retaliation, that will teach me to file an EEO. In June they tried to tell me it came down from our regional headquarters, that all had to do it. My lawyer is going to ask for that memo when we go to trial. I don't think they'll be able to produce it. Then in July, the station manager sent word through the supervisor that it was just a mis-communication?? Anyways, no more YEA!! Rome wasn't built in a day, but at least we're a small step in the right direction.
10746
KIMMIEKPerson was signed in when posted
08-19-2014
03:35 PM ET (US)
neice --- very well said and thank you-- I have a DMA right now trying to deny my knee based on old medical reports longer than 7 years old based on bogus and already refuted doctors information. Doctor is working on this but now because of the delay's and being forced to be completely Seditary and on pain meds I have developed Stage 3 0f 5 Kidney Disease and Diabetes! I am stalled out by a doctor who never seen me-Thank you for the info-- I am going to write some letters and see what can be done- I was never denied and the right knee had an approval for one procedure but it connects to all the others.
10745
neicePerson was signed in when posted
08-19-2014
01:51 PM ET (US)
Thank you Rick!
10744
Rick OwensPerson was signed in when posted
08-19-2014
01:25 PM ET (US)
Federal Employees’ Compensation Act Reform

http://postalemployeenetwork.com/news/2014...nsation-act-reform/

Some reading for those who may be interested. The article addresses the white paper released by the OIG yesterday recommending FECA reform to USPS.

Rick Owens
PEN
Edited 08-19-2014 01:27 PM
10743
neicePerson was signed in when posted
08-19-2014
12:28 PM ET (US)
backrack - I do understand that & yes, the DMA may create a conflict in medical opinion necessitating a Referee Medical evaluation. There are some cases where it's been stated that an opinion by a DMA should not usually constitute the weight of medical evidence in an already accepted disability case, even if the DMA is a board certified specialist in the appropriate field. This is due to the fact that the DMA has NOT PERSONALLY EXAMINED the claimant, while the Attending Physician has. Wade v. Dept of Navy, 829 F.2d 1106 (Fed. Cir. 1987)Expert medical opinion based on hearsay (medical reports prepared by other physician), a demonstrated lack of knowledge of duties performed by employee, lack of personal examination, and conflicting statements inaccurately describing condition of claimant in MSPB appeal held not probative). Susie Hall, 34 ECAB 1311. A DMA may not reject an IME opinion simply because the DMA disagrees with the result.

The owcp will try to Doctor Shop, which is illegal. You may be entitled to participate in the selection of an impartial medical specialist, however, you do not have an unqualified right to participate. The owcp will prepare a list of 3 specialists for selection by the claimant: 1) when there is a SPECIFIC REQUEST FOR PARTICIPATION AND A VALID REASON FOR PARTICIPATION IS PROVIDED or WHEN THERE IS A VALID OBJECTION TO THE PHYSICIAN SELECTED BY OWCP. David Alan Patrick, 46 ECAB 1020 (1995).

backrack - I cited some legal cases for you. Have you researched the quack that owcp is sending you to on the ECAB search site? You need to search in regular google too, to make sure this doctor isn't a noted hack who always says the claimant is cured. Also, check the Dept of Regulatory Agencies in your state to make sure the doctor is registered.

Make sure you send in your request for participation in the selection of the IME doctor. Hope this helps.
10742
BackRackPerson was signed in when posted
08-19-2014
10:08 AM ET (US)
Neice, but this is not a second opionion..it is the devalue my impairment rating, not because Dr. Ellis's report was not good but because the DMA did not agree. What rights do I have in this matter? Thanks
10741
neicePerson was signed in when posted
08-18-2014
11:20 PM ET (US)
backrack - You should still request your SOAF that will be sent to the secop doctor & ask for the questions owcp will be asking him.

OWCP can send you to secop opinions as often as they want, but they're very expensive and that may be the reason they don't do it all the time.

Sometimes they send the disc in a week. You should still request it, cuz they may send it quicker than you think.
10740
BackRackPerson was signed in when posted
08-18-2014
10:32 PM ET (US)
Went to Dr. Ellis for an impairment rating and now OWCP says there is a conflict between Dr. Ellis and the DMA (he has not seem me) so I have to have another exam at a dr of OWCP choice. And it has been sent up for 3 weeks for now so obviously, I will not be able to get a copy of what has been going on with my fill before the appt. Is this "legal" or is OWCP just trying me. I need help please.
10739
Rick OwensPerson was signed in when posted
08-17-2014
11:26 AM ET (US)
How to distinguish between Pittman and McConnell
http://www.apwu.org/sites/apwu/files/resou...006142014%20(1).pdf

APWU Notice to Pittman Class Members
http://www.apwu.org/sites/apwu/files/resou...20Notice.061214.pdf

Potential Participants in Class-Action Settlement Should Exercise Caution, APWU Warns - See more at: http://www.apwu.org/news/web-news-article/...thash.d3HJAWun.dpuf

The links above are old news - BUT, may be new to some.

Rick Owens
PEN
  Messages 10738-10737 deleted by topic administrator between 08-12-2014 09:18 AM and 08-17-2014 11:27 AM
10736
mailmanPerson was signed in when posted
08-09-2014
05:05 PM ET (US)
10727......Thank-you Snowed for your help....will bring this up to my doctor on the 18th when I go back to see him.....
10735
neicePerson was signed in when posted
08-05-2014
09:14 PM ET (US)
jfp679 - Wow, that's crazy. Good thing you had their number. I do know alot of post offices had their numbers changed, but I didn't think the Districts did.
10734
JFP679Person was signed in when posted
08-05-2014
05:27 PM ET (US)
Niece.. I tried both of those numbers and guess what? They've been disconnected. I pulled out my files and found my last ca-7 that I got back from injury comp and there was a phone number on it so I called it and it's the right number but no one was in the office. I think I'm at least on the right track, lol.
Thank you so much for trying to help me, I really appreciate it. This stuff is hard to do and get done and I'm glad this site is here to help!!
Edited 08-05-2014 05:29 PM
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