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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            9716-10715 of 10715  9700-9715 >>
10715
on my way outPerson was signed in when posted
07-22-2014
11:38 PM ET (US)
Hi Snowed and all. I had shoulder surgery in May. Will be awhile before I go back. Full rotator cuff tear, and partial deltoid. Had "open" not arthroscopic, so recovery a lot longer. I'm out on a different injury, yet still haven't been paid for it, as doctor should have already done an updated mri, and a FEC test. Had mri last week, and waiting for approval for FEC. Once I get FEC, and the doctor does an updated narrative letter, then maybe I'll get paid. Haven't been paid since October 28th. Thx to God, I started getting SSDI end of November. All I can say is, I can't even afford to window shop. Things will eventually get better. Have to get shoulder better, before they can work on my lumbar and right hip. Long road. Thx for responding.
10714
SnowedPerson was signed in when posted
07-22-2014
07:32 PM ET (US)
on my way out-
Thanks for the update. Does that mean you are staying home in wait of a proper job offer now?
10713
on my way outPerson was signed in when posted
07-19-2014
12:17 PM ET (US)
Hi Everyone: Been recovering and going to therapy. Hope all of ya'll are doing ok. UPDATE on the "Hall Passes. The other day I got my usual DISMISSAL from my Post Office EEO, and laughed. Yet, I went to my station to get my CA-17's and "Hall Passes", that I have been given for the last 7 Months, and no "Hall Passes", I asked about them, and was told by the supervisor they were no longer required by Rio Grande Dist. Supervisor told me that the manager who had been making ONLY me do these, even though I am not working or getting paid told him to give me a message. It seems it was a Miscommunication???? I told supervisor when I turned in EEO, I took the Hall Pass, circled the part where it said about assuring I got paid, copied my pay stub on bottom, drew a line between the circle and the Zeros on my pay stub and asked WHERE'S MY PAY?? I guess EEO didn't like that part, and got with him. LOL, Anyways, if anyone ever is required "Hall Pass, and your not working,Make sure you follow ORDERS, then file as I did. Eventually, they get their just reward.
10712
TK2004Person was signed in when posted
07-18-2014
08:06 AM ET (US)
I thought as a rural carrier I had to take leave in full day increments too. Yet now they are telling me different. About 10 years ago I had a workmans comp case and the days I had only doctors appointments I turned in as LWOP then turned in a CA-7 as instructed at that time, has things changed? Getting answers is liking choosing door number 1,2 or 3. You get a different response from each one!
10711
SnowedPerson was signed in when posted
07-17-2014
09:24 PM ET (US)
checkchick-
Usually. Check your statement.
10710
checkchickPerson was signed in when posted
07-17-2014
08:51 PM ET (US)
Is health ins and life ins taken out of owcp pay?
10709
wbmPerson was signed in when posted
07-16-2014
04:04 PM ET (US)
Thanks Silvester!
10708
RIKSNYPerson was signed in when posted
07-16-2014
09:40 AM ET (US)
I thought a rural carrier had to take leave in increments of a full day.
I'll go look up the ELM and see what it says.
10707
neicePerson was signed in when posted
07-16-2014
08:59 AM ET (US)
TK2004 - It depends on how many hours per day you are guaranteed by the po. I am not familiar with what being an "evaluated" employee is. But if "evaluated" employee does not guarantee you 8 hours/day, then you need to submit your CA-7 & CA-7a with the amount of hours you are guaranteed per day, minus the hours you needed for your therapy.

ex. you are guaranteed 6 hours/day, you take 3 hours/day for therapy, you work 3 hours/day - then you would put 3 hrs of work & 3 hrs of lwop on your form. Then owcp will pay you for the 3 hours of lwop code 049 pay you are missing.

Make sure your supv puts your time at therapy as lwop CODE 049.
10706
TK2004Person was signed in when posted
07-16-2014
08:35 AM ET (US)
Help with therapy compensation on an approved claim. I have an approved claim for my arm (elbow,wrist,radial). Have had several surgeries over the years, all covered by workmans comp. It is an occupational disease. After returning to a specialist he had me try a steroid shot and 4 weeks of therapy 3 times a week. He did not give me any restrictions. I am a rural carrier so I get paid an evaluated time. Well, apparently no-one knows what the procedure is for this type of situation in getting me compensated! The first week of therapy I used LWOP on those days I had therapy. I later was told I was not entitled to a whole day when I just had therapy. So the next week PM had RCA come in a work while I was at therapy (total time @3hrs) then when I returned to post office the RCA and I split the route (PM suggestion). NOW the 3rd week I am being questioned as to why the RCA is getting so many hours??? What or is there a standard procedure?? I am assuming they have transferred someone into the workmans comp area at the Post Office who is new or just likes to make things as difficult as possible. I would just like to know where I stand. Yesterday I was told I better keep track of days I had therapy and mileage I drove on the route/plus time I actually worked on the route. Would probably need to put it on a green card. PM is on vacation so this came from the OIC. I do have slips from each therapy visit, but am I required to work actually 8 hours even though I am an evaluated employee? Please help!
10705
silvesterPerson was signed in when posted
07-16-2014
02:16 AM ET (US)
They wanted basically what OWCP asks for every year. But that's a lot of stuff. I think my doc's report is TOO detailed for them. I'm sending the report to OWCP, and will think about what to do about them. So I'm not the only one? I don't know if that's good or bad!Thanks!
10704
SnowedPerson was signed in when posted
07-15-2014
07:49 AM ET (US)
I wouldn't trust what they are trying to do. Send the restrictions to injury comp or the medical unit.
Edited 07-15-2014 07:59 AM
10703
SnowedPerson was signed in when posted
07-15-2014
07:36 AM ET (US)
Silvester-
You are not alone in getting this letter. If you send anything, you only need to send restrictions.
10702
silvesterPerson was signed in when posted
07-15-2014
06:38 AM ET (US)
wbm, you don't have to contact owcp. Just get the script from your doc and find a therapy place that accepts wcomp. The initial exam is covered by owcp no approval needed, then the therapist is the one who gets the treatment approved by owcp.
10701
silvesterPerson was signed in when posted
07-15-2014
05:56 AM ET (US)
Hey guys, i got a letter from someone called the occupational director at USPS. Never heard of them. The letter said they haven't received any updated medical and wanted my doc to fill out a bunch of forms. I have no problem sending the info BUT, at the end of the letter it states to please fax reports over to XXXX and a fax number. It didn't say WHO that person is and where that person if from. I don't feel comfy sending my info to anyone. Oh, and there are NO phone numbers on the letter. I did a check on the number and it is not from HR.

1- Should I be getting nervous? Do you think this will be the start of removal? ( been IOD 13yrs, on owcp)
Would you call HR and ask? Or should I just send it to HR?

2- I just recently had a report done by my new doc who is handling the owcp forms. He states I am still disabled from the job injury and will not be able to work. He also stated I was getting worse. I spent an hour with him and he didn't mention my depression which is secondary to my chronic pain. Should I have him include this? My pain doc is treating me for my depression and it is excepted on my claim. There was no question or issue with it, so should I bother? EDit to say, the doc did not say if I was MMI or not. I know that is what OWCP looks for. MMI always baffles me. Are you MMI if you see a pain doc monthly for meds? Now I will be going to pool therapy. Am I MMI? lol. My surgeon had me at MMI in 04, but I've had surgeries and procedures after that date.

3- My doc has sent me for pool therapy. The few that are close to me, I either already went to and they stink, or they are full. There is a gym that has some really good pool classes that is near me. They are not therapy classes. How do I go about asking owcp to pay for it, if they even would?

Thanks in advance!
Edited 07-15-2014 06:26 AM
10700
wbmPerson was signed in when posted
07-13-2014
01:28 PM ET (US)
Thx neice, so I have to get a list of pt docs from owcp and then have my dr. write a script for therapy. Sounds easy enough, lets see how many more games they try to play with my health. Thx again.
10699
neicePerson was signed in when posted
07-10-2014
02:41 PM ET (US)
wbm - Just have the new pain doctor write you a referral to a physical therapist.
10698
wbmPerson was signed in when posted
07-10-2014
02:14 PM ET (US)
Hello all! I've recently been approved for a new pain mgmt doctor. I have not had physical therapy since 12/18 2013. Ater waiting 7 months, the new doctor just informed me that he cannot give me physical therapy because his clinic is not on the OWCP panel. I have never heard of any panel before and it sounds like a setup to get me to just give up. Why wasn't I informed at the time of their accepting the new doctor that he would only take care of the pain mgmt portion and that I would have to find another clinic for physical therapy? The new dr. was authorized on 4/28/2014 and as you can see it took owcp almost 3 mos. to inform him of this. Also the physical therapist I had been working with for over 4 years came to work for the new dr. since my old dr. closed his practice. If the therapist was accepted at the old clinic shouldn't he be accepted at the new clinic? Any and all advice would help, Thx in advance.
Edited 07-10-2014 02:17 PM
10697
mailladypostladyPerson was signed in when posted
07-09-2014
09:30 PM ET (US)
Thanks Snowed!
10696
SnowedPerson was signed in when posted
07-09-2014
08:22 PM ET (US)
Your friend should consult a union steward to make sure someone else knows he was ordered not to come into work. Supervisors/managers LOVE to push recurrences as they are very hard to prove. Make sure your friend knows to ask his doctor to use OWCP "key" words in his report like "aggravation." Make sure the doctor know what specific work duty(ies) aggravate the injury so it is clearly noted in the report. It does sound like a brand new injury...discourage the recurrence.
10695
SnowedPerson was signed in when posted
07-09-2014
07:54 PM ET (US)
Maillady-

Non work related injury /disease restrictions should be on Dr letterhead.

Your friend may need to file a new claim but it can happen in two ways. If the doctor states in report that exasperation of symptoms is due to current work then file a new claim. If doctor says new job offer requires changing restrictions then it would. be a recurrence due to withdrawal of limited duty assignment. I personally like new claims.
10694
mailladypostladyPerson was signed in when posted
07-09-2014
04:39 PM ET (US)
Two questions.....I have seen posts several times abt OWCP must consider all medical restrictions even those not work related.
1. Should we submit those restrictions immediately to the CE on a Dr's letterhead or is there a form to use?
2. A friend who is a rural carrier with OJI has been working on limited duty. He was trying to work through the aggravation while waiting to see his Dr. when the Supervisor changed modified duty assignment "suddenly". Carrier didn't sign form pending seeing Dr. but Supervisor refused to allow him to work. His Dr. changed his restrictions from 8hrs to 4hrs a day and made other changes to physical requirements, along with PT due to exacerbation of symptoms.. Supervisor said not to come back until a CA2a (reoccurrence) is processed. Carrier think he will be disciplined AWOL. Carrier wanted to know could he have waited to sign offer after Dr. viewed modification to assignment to make sure it was within restrictions?
10693
SnowedPerson was signed in when posted
07-09-2014
10:28 AM ET (US)
bigcity-
Talk to your doctor to see if a split-shift would negatively effect your health in any way.
10692
SnowedPerson was signed in when posted
07-09-2014
10:17 AM ET (US)
CA too.
10691
SnowedPerson was signed in when posted
07-09-2014
10:13 AM ET (US)
NY labor law: "Q: Will I have to pay employees more who work a split shift or a shift that extends over 10 hours?

A: Yes. The split shift and spread of hours pay is equal to 1 hour at the MW rate. For each workday that an employee works a split shift or a shift, which extends over 10 hours this “extra” pay is due. It will increase to $8.00 on 12/31/13, $8.75 on 12/31/14, and $9.00 on 12/31/15. "
10690
neicePerson was signed in when posted
07-09-2014
09:49 AM ET (US)
your welcome JOhn
10689
John828Person was signed in when posted
07-09-2014
06:02 AM ET (US)
Thanks Snowed and Neice.....
10688
SnowedPerson was signed in when posted
07-09-2014
12:31 AM ET (US)
USPS suit one of top 10 most expensive discrimination settlements of 2013
http://postalemployeenetwork.com/news/2014...ettlements-of-2013/
Edited 07-09-2014 12:32 AM
10687
SnowedPerson was signed in when posted
07-08-2014
11:39 PM ET (US)
neice-
If the doctor gives permission there is no obstruction but OWCP can try anything.

John828-
Unless you have a medical reason approved by OWCP you can be denied having someone in the room with you.

bigcity carrier-
Yes as far as OWCP goes they can. If you are currently on the periodic roll, they must take into account in the offer ALL medical restrictions even those not related to work. You may have a grievance or EEO claim. There are issues here... What are you supposed to do for 2 hours? Go home and come back? That would be like two separate jobs....and mileage might have to be paid for the return trip to work and back home. Would your doctor permit what would amount to a 10 hour day plus all that travel?
10686
neicePerson was signed in when posted
07-08-2014
09:20 PM ET (US)
John - Owcp could state you 'obstructed' the exam if there's someone in there with you. Unless you have an assistant services as part of your disability and owcp knows about the assistant. But, I've read before that owcp could play hardball if they wanted if claimant bring someone into their secop appt with them.

What you should do though, is buy yourself a tape recording device and ask the doctor's permission to record the appt.
10685
John828Person was signed in when posted
07-08-2014
05:45 PM ET (US)
Do I have a 'right' to have someone in exam room for a 2nd opinion exam? Does 2nd opinion provider have authority to deny my request to have someone with me during exam?
10684
bigcitycarrierPerson was signed in when posted
07-08-2014
04:55 PM ET (US)
If you are a full time employee out due to NWA, and you have perm injuries, and you are at MMI, can the PO offer you a temp job?
What about if the job is outside your normal work schedule? Former letter carrier being offered a "sit in the corner" job for 8 hours a day with a 2 hour lunch, and a fixed day off. All carriers in our office have rotating days off and a 1/2 hr lunch.
10683
RobintreePerson was signed in when posted
06-29-2014
10:32 PM ET (US)
Snowed: thank you again. I appreciate all of your information. I wish that I had found this forum earlier.
10682
SnowedPerson was signed in when posted
06-29-2014
10:28 PM ET (US)
Robintree-
My point was to make sure you have given the CE enough information to approve your claim.
10681
RobintreePerson was signed in when posted
06-29-2014
02:08 PM ET (US)
Snowed: Thank you for all of your help. I will keep you posted. I didn't realize it was a hurry up and wait thing. I did fax the director about my claim still in the " under development" stage since April 25.
10680
SnowedPerson was signed in when posted
06-29-2014
01:47 PM ET (US)
Robintree-
Ok so that is a separate issue but here you can get help with your OWCP claim. Any specific questions ? Other than making sure your documentation is satisfied and you present a statement of how the aggravation happened while you did your duties at work to OWCP, you have to be patient for a decision. The statement should include exactly what you do that caused additional trauma to the knee. You can always write to the District Director if your claim is not processed timely.
10679
RobintreePerson was signed in when posted
06-29-2014
11:11 AM ET (US)
Snowed: Delay in treatment.
10678
SnowedPerson was signed in when posted
06-29-2014
11:07 AM ET (US)
Robintree-
Are you saying that you are applying for an increase in veterans disability because of your current condition?
10677
RobintreePerson was signed in when posted
06-29-2014
10:55 AM ET (US)
Snowed: I walked on that knee for months , equating all the aches and pain to arthritis. I walked hills and steps( one house 27 steps up). I can't pinpoint an exact incident. My knee did out on me, but the va gave me a cane and a brace and sent me on my way. I have congressman and senator taking care of that matter. But, I screwed myself on the postal side by not recognizing the changes in my knee. Thanks for your help.
Edited 06-29-2014 10:56 AM
10676
SnowedPerson was signed in when posted
06-29-2014
10:46 AM ET (US)
Robintree-
Just to reassure you. Even if the original "twisting" happened off duty, the aggravation of the injury was at least partly due to your continuing to work/walk so is still compensable because it made the original problem much worse. However the doctor must clearly state this.
Edited 06-29-2014 11:05 AM
10675
SnowedPerson was signed in when posted
06-29-2014
10:43 AM ET (US)
Robintree-
Did the doctor notate in his notes the scenario described by you with the "twisting" of the knee? If he did have you thought back in the course of your work history for any such event? Often little injuries happen that we walk of or work off but they should always be noted. In the future those small injuries can play a role in a more major problem.
10674
SnowedPerson was signed in when posted
06-29-2014
10:40 AM ET (US)
mailpostlady-
Never heard of it but the questions are reasonable. Hopefully your doctor will cooperate and address them or you could be sent for another SECOP.
10673
SnowedPerson was signed in when posted
06-29-2014
10:38 AM ET (US)
Triumphant-
Ask your lawyer. The only thing I can tell you is you cannot receive wage loss and a schedule award at the same time for the same injury or body part. Also your SA is a set number of weeks from the date of MMI forward.
10672
TriumphantPerson was signed in when posted
06-28-2014
11:38 PM ET (US)
Can anyone answer this question: I am in the process of a divorce. The last 2 years I was home on OWCP from a total hip replacement. I will soon be filing for my scheduled award.....will my wife be able to get part of my scheduled award in a divorce settlement. Thanks!
10671
mailladypostladyPerson was signed in when posted
06-28-2014
01:17 PM ET (US)
Bare with me....Recent owcp5c list restrictions as follows, sitting, standing repetitive movement wrist/elbow, pushing, pulling, lifting (5-10lbs) 4hrs in a workday. Walking, twisting, 2hrs, and reaching 1hr. No reaching above shoulder, bending/stooping, squatting, kneeling, or climbing. 5min break every 1 hr . Received letter from CE to give to Dr. It states: Reaching requires one to stretch out, grasp, touch or extend arm. Thus, please explain how claimant is able to lift for 4hrs, but is only able to reach for 1hr. You opined that claimant is able to work with restrictions 4hrs a day, with 5 min break on the hour, which total 20 minutes within 4hrs. Upon considering the frequency of breaks the work release is less than 4 hrs. A break in vocational terms means to be off task away from ones work station, It does not mean to change position if one needs to get up and stretch , walk around their chair and then return to task. Thus, please clarify whether any breaks are needed. I'm thinking they are beginning to be tricky now. Has anyone ever heard of this? Recently received a letter stating that medical evidence "rest" with my Dr. Now all of a sudden this!!
10670
RobintreePerson was signed in when posted
06-27-2014
07:57 AM ET (US)
Snowed: Thank you for responding. I filed a Ca2 as well and left it with my manager before I had surgery. I could not cite a specific time or place of day when I was injured as I thought the aching was arthritis. I walked around for almost 4 months on a bad knee while waiting on the MRI because of the va' s policy and procedures to get an an MRI ( i.e X-ray , physical therapy , MRI and then ortho consult. ). I am contacting the district manager at the regional OWCP to find out my status today.
My doctor said that it did not just come from walking and I had to have twisted and injured my knee and the prolonged walking on it, made it worse.
10669
SnowedPerson was signed in when posted
06-27-2014
07:27 AM ET (US)
Robintree-

Unless you experienced a traumatic event occurring during the course of one business day then you should file a CA-2 if you have not already done so. There is a possibility that OWCP will develop a CA-1 and change it to an occupational disease claim. Are you doctors agreeing and documenting you have a work related condition?

Potentially you could have an occupational disease claim and also CA-1 events as well. Did you have a worsening of your condition in the course of one work day identifiable by time and place? Is it documented in your medical?
10668
RobintreePerson was signed in when posted
06-27-2014
01:57 AM ET (US)
Hello. I am a Letter carrier currently out on sick leave. I had problems with my knee and sought treatment at my local Va. I was diagnosed with mild arthritis. I continued to have problems and the Va took their sweet time getting me an MRI. I received my MRI in April and it showed that I had several tears in my knee, torn ligaments and a deformity in my bone. I was put on bed rest and sought treatment through a civilian doctor because I no longer trusted the VA. I filed a CA 1 for the date of my initial ex ray. I was told by human resources that I should have filed a CA2.
I had been in so much pain for so long that I had surgery on 6 May through my own insurance. I completed my rehab and my doctor said that I will always have problems because he had to shave part of the bone. I believe it is from the mail bag hitting the side of my knee for 9 years.
He cleared me to go back on lite duty, and put my restrictions on the CA 17, and to see him in 3 weeks for a follow-up.
I have used all of my leave and I am currently on LWop.
Owcp has my claim in the development phase. I have not been paid in 3 pay periods. I have been in touch with them and I can only get past customer service. I am not rushing my recovery, but there is nothing else that they can do for me until I start walking my route and see where my weaknesses are.

I am ready to return to work, but they are taking their time in doing my paperwork. Any suggestions would be appreciated.
Edited 06-27-2014 02:01 AM
10667
Brownbomber2Person was signed in when posted
06-26-2014
04:29 PM ET (US)
Well, I have a pending appointment with Ellis Clinic about my neck and back. I sure hope they are worker friendly like they claim. I have had it up to my ears with doctors who are afraid of OWCP. I submitted the paperwork in advance to go from OWCP payroll to postal disability on April first and still have not been paid. The postal disability was approved and now they say it is in the second review process for my claim. At least that was what the first person told me, the second one said it has never been assigned to anyone. Anyone else out there had this much trouble getting paid?
10666
John828Person was signed in when posted
06-25-2014
11:25 AM ET (US)
Snowed: I sent you an e-mail on 6/23. I thought you were on vacation.... I did send request to OWCP on 6/23, doesn't leave much time before scheduled 2nd opin. appt.
10665
SnowedPerson was signed in when posted
06-25-2014
11:13 AM ET (US)
Yes you do. You can just request a copy of your file and it will be in there. Often though OWCP dies not give you enough time befor appointment to get itin advance. You should request under "privacy act"
10664
John828Person was signed in when posted
06-25-2014
11:04 AM ET (US)
Do you have a right to SOAF and list of questions for 2nd opinion exam ordered by OWCP?
10663
SnowedPerson was signed in when posted
06-22-2014
12:07 AM ET (US)
I will check and resend
10662
SnowedPerson was signed in when posted
06-22-2014
12:06 AM ET (US)
Yes I answered you.
10661
agodlywomanPerson was signed in when posted
06-21-2014
11:36 PM ET (US)
snowed: have you been getting my emails?????
10660
SnowedPerson was signed in when posted
06-13-2014
01:20 AM ET (US)
My pleasure.
10659
lawnladyPerson was signed in when posted
06-13-2014
12:04 AM ET (US)
Thank you Snowed.
10658
SnowedPerson was signed in when posted
06-12-2014
11:47 PM ET (US)
lawnlady-
You can always write your concerns on page two of the offer, but if you accept it then you have no recourse with OWCP. It is then between you and the USPS.
10657
SnowedPerson was signed in when posted
06-12-2014
11:45 PM ET (US)
lawnlady-
Yes they can send you home if you do not sign the offer. The you would have to file a CA-2a for withdrawal of limited duty. That is why your CE said they do not do a suitability because you are already back working. If you file for a recurrence then the CE will have to do one. What you think about what you can or cannot do means very little. Your doctor should state whether the LLV is out or not. I would make an appointment ASAP.
10656
lawnladyPerson was signed in when posted
06-12-2014
11:36 PM ET (US)
Snowed, I was wondering if I could write my concerns on page 2 of the job-offer.

They are determined to get me back in an LLV. Our LLV's are so rough riding; I am recovering from fusion and do not think I'm ready for it. The new doctor I went to did not write "no LLV" but he also didn't write I could.
10655
lawnladyPerson was signed in when posted
06-12-2014
11:29 PM ET (US)
Snowed, I've been signing the job offers because I know I can stay within my restrictions. This new job-offer, new restrictions, I'm not so sure about. That's why I called CE.

If I don't sign it, can they send me home?
10654
SnowedPerson was signed in when posted
06-12-2014
11:08 PM ET (US)
Brownbomber2-
I wish I could help you more but your details are sketchy. You filed a CA-2 for a new occupational disease? If so then a LWEC would not come into play at all. Untimely? You have 3 years from the date of last exposure to file? Am I missing something here?
10653
SnowedPerson was signed in when posted
06-12-2014
11:04 PM ET (US)
Brownbomber2-
You have to go to DC? Never heard of that. Usually oral hearings are done by telephone. You should also have a reconsideration option.
10652
SnowedPerson was signed in when posted
06-12-2014
10:53 PM ET (US)
lawnlady-
What do you mean by "sign them?" Your CE is wrong. If you refuse the job or do not respond then a suitability determination must be made. If you accept the job offer then a suitability does not have to be done, even if you accept under protest.
10651
SnowedPerson was signed in when posted
06-12-2014
10:48 PM ET (US)
Sue2-
You don't need a note every month. If your condition is MMI, a medical report every 6 months with an OWCP 5c should be sufficient(sent to OWCP).
10650
Brownbomber2Person was signed in when posted
06-12-2014
10:27 PM ET (US)
I need some advice. I submitted a CA-2 for re injury to my lower back and it was "misfiled" for 45 days until I called and inquired why it hadn't been answered. It was denied because I had been placed in LWEC according to the senior claims examiner. I was then told that my request was untimely and was denied for that reason. I complained to the inspector general and now they tell me after careful reconsideration, they have allowed my to have the records reviewed, which was denied once, or do a oral hearing. If I do an oral hearing, I have to make my way to DC for the hearing and frankly I am broke. I have no idea what to do. I need advice on this. My union has been no help through this and OWCP doesn't answer questions that I can understand. Attorneys are not interested in anything but a schedule award. I have an appointment pending at Ellis clinic in OKC, but regardless of what they say, I cannot submit new information or evidence. I really got sold out by the rehabilitation guy, Jeffrey Magrowski, their expert witness. He told me I could not work with my limitations and claimed he told them the same, then told them I was uncooperative with the rehab program. He is a two face liar and I have audio to prove it. I am at loss as to what to do. Any solid advice???
10649
lawnladyPerson was signed in when posted
06-12-2014
10:18 PM ET (US)
Snowed, I called the CE today to ask about a suitability determination for a new job offer I just received. He said they do not do them anymore. He also said it's 50% claimants responsibility and 50% agency; whatever that means.

Can we just sign them and document our concerns on page two? I'm not being pressured, yet, to sign it.
10648
Sue2Person was signed in when posted
06-12-2014
09:25 PM ET (US)
Snowed: I am no longer on PO rolls. Do I still have to get off work note every month ? I have been on total disabled for 6 yrs.
10647
SnowedPerson was signed in when posted
06-12-2014
09:09 PM ET (US)
searching1-
He should get the shoulder checked out first and after a doctor confirms the work relationship, he can file. It will likely be a CA-2 but know that if a single day causes increased aggravation, he can also file a CA-1. Since he is not yet a regular, this might end his career. I know as a TE it would almost certainly end his career, I am not so sure of protections as a CCA. I would contact the union.
10646
searching1Person was signed in when posted
06-12-2014
07:30 PM ET (US)
A CCA(former Te) that I know is having trouble out of his shoulder :( he needs to get it checked out but doesn't know how? With it being reoccurring would he fill out a CA2 and go from there....or go to his own doctor with a list of our job description? He says its for sure from work but would hate to see it put on him. thanks
10645
SnowedPerson was signed in when posted
06-12-2014
02:52 PM ET (US)
mollie-
I have heard of others successfully gaining their s/l and a/l lost while out on OWCP. I think you have to return to duty. (not sure) Ask your question on the EEO forums.
10644
neicePerson was signed in when posted
06-12-2014
11:04 AM ET (US)
mollie - If you are retiring or quitting the po then the po has to pay you your annual leave that you have accrued, they have to put any sick leave that you have accrued applied to your retirement date and they have to offer you the opportunity to pay for your benefits out of pocket.

Your post is unclear why you are requesting the leave from the po.

While you have been out on owcp the po should have been inputting your leave as owcp lwop code 049. If they didn't then you have a problem. But, if they did, then you would not have accrued any annual leave or sick leave for the duration of one year-3 months that you have been out.

The time you were out on owcp lwop leave is computed for retirement purposes only. You would still be considered a postal employee.
10643
molliePerson was signed in when posted
06-12-2014
11:00 AM ET (US)
I was off on OWCP for a year and 3 months. I have requested for my annual, sick leave and any other benefits I'm entitled too. Postal services tells me I am not entitled to those benefits since I received pay from OWCP -- Is that true?

Sorry _ I filed a eeo complaint and my resolution was to have my al, sl and other benefits restored since I was on OwCP on LOWP the al and sl so I'm asking if I am entitled to those benefits? Thanks
Edited 06-12-2014 12:55 PM
10642
backrackPerson was signed in when posted
06-11-2014
12:26 PM ET (US)
Wealth of information you have Snowed. Thanks for the info. I read both and that is probably the reason for the letter. I hate getting letter in the mail now days from OWCP or that one from the USPS. It seems to ruin my day but with the help of this forum I refuse to give up. Thanks.
10641
SnowedPerson was signed in when posted
06-10-2014
12:48 PM ET (US)
http://www.dol.gov/owcp/dfec/uspsdatasuspension.htm
10640
SnowedPerson was signed in when posted
06-10-2014
12:46 PM ET (US)
If you all haven't read this, here is part of the problem the USPS is having, but it is all their own fault: http://nalc.org/depart/owcp/PDF/08-2013_compensation.pdf
10639
neicePerson was signed in when posted
06-10-2014
12:39 PM ET (US)
backrack - very strange - who knows what they're doing - they don't even know!
10638
SnowedPerson was signed in when posted
06-10-2014
12:37 PM ET (US)
backrack-
Yes a friend of mine received a similar letter recently. The USPS likes to get detailed medical they are not supposed to get. Their lawyers will pick it apart if you send them too much.
Edited 06-10-2014 12:42 PM
10637
backrackPerson was signed in when posted
06-10-2014
12:05 PM ET (US)
Snowed...thanks for your knowledge. I felt like PO should just get it from OWCP. In the letter PO tried to sound like they were managing my case. What a joke. Glad to know I don't have to reply to them. OWCP is enough.
10636
backrackPerson was signed in when posted
06-10-2014
12:03 PM ET (US)
Neice ..yes they did in 2008. I thought this letter was crazy.
10635
SnowedPerson was signed in when posted
06-10-2014
12:03 AM ET (US)
BACKRACK-
The USPS can get your medical from OWCP. If you are separated, you don't owe them anything.
10634
neicePerson was signed in when posted
06-09-2014
09:10 PM ET (US)
backrack - while you've been on owcp for 6 years the po pays a fee to owcp for you -

Did the po approve you for disability retirement?
10633
backrackPerson was signed in when posted
06-09-2014
04:07 PM ET (US)
Wondering if the PO is trying to bluff me. I went to a second opinion in march. Now the PO says they need a current medical documentation from my dr because "they" are reviewing my case for return to work capabilities. I am also approved for Disability Retirement but have stayed on OWCP. I have not been on PO payroll for 6 years. PO said they have no job for me in the past. Shouldn't this letter be from OWCP? Thanks
10632
SnowedPerson was signed in when posted
06-01-2014
11:48 PM ET (US)
checkchick-
You can regulate what your nurse gets from the doctors office. I requested that I be notified immediately of what the nurse requests, and that I am sent a copy of anything she gets a copy of. I really would only allow her to get my work restrictions, not other medical. If the nurse comes with you to the Dr. you can let her in to the room AFTER you had your visit with the doctor. I would not let her have any conversation with the doctor without you present. Like neice says keep a lookout for all forms she has for the doctor to fill out. She is not to write ANYTHING on the forms, except maybe your name and case number. Don't let her surprise the doctor with any forms you have not already looked at and discussed with your doctor in private.
Edited 06-01-2014 11:49 PM
10631
SnowedPerson was signed in when posted
06-01-2014
11:35 PM ET (US)
Kitara-
Whoa!! You are all over the place. First things first, getting your claim approved! You only file a new claim if by going to work the second day, you made your injury worse../depends what your doctor says. You need to point out all your supervisors inconsistencies to your CE. You clearly list them all and then ask for her testimony be disregarded.

As far as filing a complaint against your supervisor, that is another ballgame. The two main investigators to employer misconduct in dealing with a worker's comp claim are OIG and OSC. Demand that postal OIG investigate her and give them the proof that you have including the inconsistencies in your file. OSC handles the legals for OWCP. You can file a formal request to investigate there as well. You can also file an EEO if you are withing the required number of days and or a grievance.

NO I never heard of any such form but if you can provide the link, I will look at it.
10630
checkchickPerson was signed in when posted
06-01-2014
09:16 PM ET (US)
ok thanks for advice
10629
neicePerson was signed in when posted
06-01-2014
11:55 AM ET (US)
chickcheck - No communication w/o you being present - no medical records released to her. You need to sign a form at your doctor's office forbidding them from releasing your medical info to nurse. They can only release it directly to owcp.

You can answer the nurse's questions, but you should tell nurse that you want to record the meeting. Most likely nurse won't allow that, so then you tell the nurse you will not meet alone with her. You want to have a witness (union officer).
10628
checkchickPerson was signed in when posted
06-01-2014
11:33 AM ET (US)
ok...so this nurse can go to my docs office with or with out me and ask questions or is that a no no? Any communication between owcp and my doc should not be done thru this nurse? So when i meet with this nurse, should i be answering all questions? What kind of medical records is this RN entitled to, if any?
10627
neicePerson was signed in when posted
06-01-2014
10:55 AM ET (US)
checkchick - Not to alarm you, but be on guard with the nurse. The nurse's job is to get you back to work 8 hours/day. You do not have to let the nurse in your doctor's appt with you. You need to let your doctor's office know that they are not to release any of your medical records to the nurse. Only owcp has direct access to your medical records. The nurse may try to trick the doctor's office with DOL-OWCP letterhead requesting your medical records - but she does not have access to them.

Also, make sure you ask for all copies of forms that the nurse will be giving to the doctor to sign. Look them over with a fine tooth comb. Some nurses put check marks in them first which are detrimental to you. Beware!
10626
checkchickPerson was signed in when posted
06-01-2014
10:02 AM ET (US)
Hi all. I claimed a occupational disease CA2 in Feb. I was totally off work for about a month and then returned to 2 hrs a day and now I'm working 4 hrs a day. My case was in unreviewed status for 3 months and on May 22 was finally accepted. I was referred to an orthopedic doctor in April and he wanted to do a MRI but until my claim was accepted, its been on hold. yesterday i recieved a letter from OWCP stating they have assigned a RN to my case and want to set up meeting. My question is..what should i expect from this meeting?
10625
mailladypostladyPerson was signed in when posted
05-31-2014
04:31 PM ET (US)
OWCP has asked for a job offer from USPS. Received a letter from OWCP stating that weight of evidence rests with my Dr. Dr stated 4hrs a day, break every hr, no twisting, bending, stooping. climbing, squatting, or reaching above shoulder (permanent). It also states that if USPS doesn't respond, they will refer to Vocational Rehab services to facilitate return to work. Has anyone had any experience with vocational rehab with these type of restrictions.
10624
Kitara5353Person was signed in when posted
05-31-2014
02:33 AM ET (US)
Hi Snowed,
 Thank you very much for your reply. I am not sure how to reply on this, I clicked on "reply" in my email and it took me here, so I hope you know what this email pertains to.:+) I did get a copy of my case records from OWCP and it is a joke what my supervisor said. She implicates herself by saying right in her challenge letter that I was working alone, but says "while I was working with ___", well she's a post master at an office 45 mins away, why would she even be there working with me in the first place,? she also submitted two of the same forms, but with different answers, so it shows that she changed "her mind"? one says that I did get hurt at work and the other says I did not. You mentioned that I should do a new case, is that in addition to the one already in appeal,? I'm just waiting for an answer to that. I do have a wonderful OWCP doctor that is all for the worker and that is all he does is fed. workers comp injuries. He knows how they work and knows what to say.:+) Also, who do I send the complaint to? I am not sure where to even begin. I want her to compensate me for making me suffer for over a year because of her false statements and also making me work when she knew that I was injured. I have sent in a signed statement, (again), to the OWCP from my co-worker that states that she told our supervisor that I was injured first thing in the morning following my day of my injury, and that our supervisor told her that she would send someone down to relieve me, (but my supervisor came down instead of someone else). I have phone records as well from the post office that shows what time my co-worker called our supervisor. Our post office does not open until 9:30am and my co-worker went in to leave me some stamps and called our supervisor (while she was there) at her phone number at 8:30am. So that proves she knew I was injured at 8:30am the morning she made me work and lied that I told her I was "just sore". I also have records of my phone calls to the doctor that day, when I called from work to get an appointment after I told her again that I was hurt at work the previous day. She said I didn't tell her anything until 3:30pm that day.(another lie) my phone records show that I called my doctor at 2:27pm. So right there shows that she lied about the time in her challenge letter as to when she knew about it.
 What I am confused about is, is how to go about starting this complaint and what should I say as to what I want done, as well as to whom to address this and send my proof? Some of the proof is already in my case record, the letter from my co-worker, the contradicting papers that my supervisor submitted. If they just read what was sent in by my supervisor,they would know she was lying and that she didn't know what she was doing. Would this be a separate case? What would it be called? There is a form that I found in my research about suing? an employer/supervisor for false statements,interfering with a OWCP case and personal injury and it asks to put down a dollar amount that I am requesting and my reasons why I want this and to send it along with my complaint to the agency to either accept the claim or deny it, before filing in court. I think I found it on the dept of Labor site. Have you heard of this before? Do you know of any special forms that I would need to file? Help! where do I start and what do I do? I really appreciate all your help on this, it is such a mess and very confusing to me because I am a new postal worker and I am not savvy with all the lingo and such. Or who to talk to or where to send things. Any help is very much appreciated. Thank you very much and hope to hear from you soon.
10623
Deleted by topic administrator 05-30-2014 06:48 PM
10622
SnowedPerson was signed in when posted
05-29-2014
02:49 PM ET (US)
RCSurfer-
It depends on the frequency of Dr/PT copays...your decision to make. If you just have Medicare part A then at least your hospital copays should be covered. Check your EOB with blue care first.
10621
SnowedPerson was signed in when posted
05-29-2014
02:46 PM ET (US)
backrack-
I don't understand your question? What monthly check?
10620
RCSurferPerson was signed in when posted
05-29-2014
07:22 AM ET (US)
Snowed you mentioned Medicare helping with co pays... I have a question (to snowed or anyone else with experience) I just got the Medicare option from SSDI and it said I have to choose either just hospital coverage or pay for the full Medicare option of doc visits and scrips. I am on OWCP and have DR as back up, I've got health insurance that I kept from working (blue care net). Is it worth it to pay and add the extended Medicare coverage. If I'm reading correctly it says it would be primary and my BCN secondary. If I do opt for it, it will take pretty much my entire (reduced for OWCP) SSDI monthly payment.
Edited 05-29-2014 07:23 AM
10619
Deleted by author 06-01-2014 03:35 PM
10618
John828Person was signed in when posted
05-28-2014
01:17 PM ET (US)
Snowed: Ref 10600: I e-mailed you message concerning formal denial of recurrence claim. Will await your assessment......
10617
SnowedPerson was signed in when posted
05-28-2014
12:39 PM ET (US)
And you get Medicare which helps with copays
10616
SnowedPerson was signed in when posted
05-28-2014
12:38 PM ET (US)
Yes you have a shot and you should do it even if you are staying on the postal rolls because SSD is more than regular SS at retirement.
10615
silvesterPerson was signed in when posted
05-27-2014
11:10 PM ET (US)
Okay, so I checked SS and I did have enough when I went out on Comp. but it still says I don't qualify. So I guess I have to find an attorney.
10614
silvesterPerson was signed in when posted
05-27-2014
10:48 PM ET (US)
Really? Do you think its worth the shot? Thanks by the way :)
10613
SnowedPerson was signed in when posted
05-27-2014
10:15 PM ET (US)
silvester-
Yes if you are on the rolls of the agency and on OWCP the time counts toward retirement. Get a good lawyer because if you can prove disability back to when you had the credits then you can still get it. In your case I would guess you have a good chance.
10612
silvesterPerson was signed in when posted
05-27-2014
04:49 PM ET (US)
Snowed, As I know, every year being out on OWCP counts as creditable service. I tried to file for SSD, and I was told I do not qualify due to not having enough work credits in the past 10 years. Is this right?
10611
SnowedPerson was signed in when posted
05-26-2014
10:43 PM ET (US)
Kitara5353-
Wow but I am not surprised. What you need to do if you haven't already done so, request a copy of your OWCP file directly from the District Director's office at the street address. You need to read through the accusations of your supervisor and rebut them one at a time with facts and without the emotion. Because it is your word against hers, your word must be accepted as fact. Be persistent and be clear. Make sure your account of injury is detailed and clear. Be very clear about the activities of the second day as well. You may also have a new claim for that day as the activities of the day appear to have worsened your condition. You may want to find a good FECA doctor who knows how to write a good report and file this second claim. If you can get documentation to substantiate that you were working alone then include that in your appeal.

Go to PEN's injury home page and check out the attorneys and representatives available there. Also if you can still work some job, you may be able to collect unemployment while you fight this. You are doing a good thing by researching FECA law.
10610
Kitara5353Person was signed in when posted
05-26-2014
08:29 PM ET (US)
Hello, I am new to this and I am not a career postal worker, I am just a postal worker hired off the street. I was hired a PMR and have no benefits. I work alone in a small post office. I was hurt on the job over a year ago. The day after my injuries, I was told to go to work (by my co-worker who works the days I don't) and open up because there was no one else that could. (she was unable to) So I opened up(not wanting to lose my job) and waited for the supervisor to find someone to relieve me. my supervisor came in. I could not do much and was in extreme pain waiting for her to find someone. My supervisor is a post master of another office 45mins away. MY injuries happened on a monday and had to open up on tuesday. she knew about my injuries early tuesday morning ( my co-worker called her and told her at 8am tuesday, I also I thought I would ok to work Tues. morning,even though I was in a lot of pain, I thought I just pulled muscles or strained them. plus there was no one that would have been able to come in anyway. Well on tuesday while waiting for a relief, I was getting worse and my supervisor knew it. I kept asking if I could go to the doctor because I was in so much pain and what papers do I need to fill out. ( I was hobbling around in terrible pain, I could not sit or stand for more than a few mins. and she saw that and did all the work I could not do) She did not know what papers I needed and then she told me that I have to stay and work the rest of the day because she could not find anyone to come in and work for me. She had papers faxed to us for me to fill out, but they were not the right ones. I started to fill them out and being in so much pain I could hardly fill the papers out, but I noticed they said something about using my leave. Well , I had no idea what that even was. So I asked her who was going to pay for my doctor visits and she said that I will have to. I said no no no,, I was injured here yesterday. She then got all upset,and said "why didn't I tell her sooner"...I said I was telling you all day! she knew I was hurt since about 8am. she was calling her office to have more paperwork sent to us. Well after all this, I was able to see a doctor, but all he said was that I had "pain" in my back and shoulders and referred me to physical therapy but was denied that. My supervisor sent in a controversion letter, stating that all I told her was that I was sore! One paper she sent to OWCP states that I did get hurt at work, then later that same day she sent the same paper to them with a totally different answer. saying that I didn't get hurt at work and that I hurt myself on purpose because I was going to lose hours if and when they hire a post master where I work. and that I used "unsafe lifting"... how does she know? no one was there, I work alone! Plus, if I didn't get hurt at work or not work related, how the hell did I hurt myself on purpose or that I used unsafe lifting???? This is what it says..... She also says in the beginning of her letter that "As she was working with me"... well why would she be working with me? she works as a post master 45mins from me??? Plus I work alone!!!anyway, she lied and with her false statements, and because of those, she made the OWCP stop all futher medical treatment, I only had seen the doctor 2 times. I have no medical insurance. The OWCP also said to stop all COP. well I never even got any of that nor did I even know about it until I started researching for myself. But due to her letter and false statements, I was unable to get further medical treatment, which also caused my case to be denied because I had no medical proof or any documentation. I suffered for almost 6 months before I was able to see a doctor and get x-rays, MRI's and other medical documents to send to OWCP. I am now in the process of my second appeal. But my big question is, I read that I can sue my supervisor for false statements and interfering with a workers comp case and the limitations on that is 2 years. well I only have less than a year now to do anything. I do not know what kind of attorney to get. I ask regular attorneys and they say it's a workers comp case and then send me to a workers comp lawyer and then they say I have to get a Federal attorney. well I don't have money for that, I have no income at all. Does anyone know who I can contact in AZ? Or can I do this myself? Like I did my comp case. I have no help in this at all, I am on my own. I only worked for the post office for 6 months. I also have more damage to my spine and shoulders, which has caused a neck injury now and nerve damage. I will have to get surgery on my neck before my doctor can even work on my back for surgery. Due to all the lack of medical treatment/care in the beginning, I am in worse shape and in more pain. all because she lied!!!! I appreciate all help. I 'm sorry this is so long but I had to explain the situation because I am not a career employee like most of you and have no benefits or union to go to. Thank you very much
10609
KIMMIEKPerson was signed in when posted
05-23-2014
06:04 PM ET (US)
Call OWCP and ask to speak to a supervisor- They will call you back. You have a right to complain about your situation after all it is your life not their life being screwed up. Also YES you can contact WASHINGTON DC and go all the way to the top. Secretary of LABOR. You can contact your Senator or a congressman-- Good luck to you.
10608
SnowedPerson was signed in when posted
05-23-2014
05:49 PM ET (US)
Rivkah-
The Secretary of Labor deals with OWCP issues. I just send an email and always get a quick response.
10607
RivkahPerson was signed in when posted
05-23-2014
10:54 AM ET (US)
Thank you Snowed. I really value your advice. I did send a letter trying to explain all that's been done to me in the excessing last year and what's happening now with the most recent job withdrawal. So far, owcp has not asked me for any info. They sent me a copy of a letter they sent to usps and I responded to that hoping to head off some problems. I've left 2 phone messages for my ce which have not been returned. I'm going to call again tues or wed. Does the Secretary of Labor deal with usps or only owcp. Wonder if bumping it up there would help. What the po is doing to injured employees is horrible.
10606
bobby bakerPerson was signed in when posted
05-22-2014
11:29 PM ET (US)
Thanks snowed
10605
SnowedPerson was signed in when posted
05-22-2014
09:06 PM ET (US)
Maybe supervisors get bonuses but not the regular CE's. It would be newsworthy if you could prove bonus incentives that result in harming the injured. Not all of us are unemployable. If the CE's did their job properly, the rolls would reduce without harming anyone.
10604
SnowedPerson was signed in when posted
05-22-2014
09:00 PM ET (US)
Brownbomber2-
I would be really surprised if OWCP CE's got any bonuses for getting people off the rolls. I doubt this is the case. I believe they are overworked and under-trained. I believe in just politely writing to their superiors, without unsubstantiated accusations ...the Secretary of Labor is tops in my book.(regarding quick action)
Edited 05-22-2014 09:01 PM
10603
SnowedPerson was signed in when posted
05-22-2014
08:55 PM ET (US)
bobby baker-
If you had other work besides federal service, then you may want to consider applying for SSA as your OWCP is reduced dollar for dollar on SS received from federal service only.
10602
SnowedPerson was signed in when posted
05-22-2014
08:48 PM ET (US)
mailladypostlady-
Yes you can have treating doctors at home and another doctor out of state to do the reports needed. It would be good to get your treating doctors to give you a referral to the doctor doing the reports or vice versa but it should not be absolutely necessary as you can have IME reports in your file that must be considered by OWCP.
10601
SnowedPerson was signed in when posted
05-22-2014
08:43 PM ET (US)
Rivkah /m10582
Excessing is NOT a RIF. A RIF has very strict government guidelines. You should explain everything clearly to your CE. That is probably the only way they will understand your situation.
10600
SnowedPerson was signed in when posted
05-22-2014
07:53 PM ET (US)
Sorry been on vacation. You can contact me at shopping-wizard@earthlink.net
10599
RIKSNYPerson was signed in when posted
05-22-2014
05:24 PM ET (US)
This should work: http://www.fedsdatacenter.com/federal-pay-...+PROGRAMS&o=&y=2013
10598
Brownbomber2Person was signed in when posted
05-22-2014
05:11 PM ET (US)
There used to be a site that you could get on that showed all of the postmasters salaries. Does anyone know if there is one that shows the salaries of the OWCP workers? I am filing harassment complaints with the OIG and two congressman about denials of claims. My claims have been denied, lost or mis filed on several occasions and I believe it is solely to discourage me from being on OWCP and to get me off of their rolls. My rehabilitation worker from them, Jeffrey Magrowski, told me they get bonus points toward a year end bonus on top of their salaries for every case they deny and get dismissed. He advised me to contact my representatives and file the complaint. That is when they really got nasty. I need all the a information I can get on them before my appeal hearing. Thanks.
10597
neicePerson was signed in when posted
05-21-2014
11:14 PM ET (US)
dekay - If you don't work 1250 hours preceding the FMLA hours you are requesting, then you do not qualify.

If you are still considered a postal employee and are just not able to work due to your owcp injury and are getting paid by owcp for the time not at work, then all those years are counted as creditable service years toward retirement. That is a great thing.
10596
dekay1820Person was signed in when posted
05-21-2014
08:52 PM ET (US)
Well I tried to get this information from the wage and hourly division of the Department of Labor and didn't get a straight answer. Regarding FMLA I keep getting denied saying I don't have enough hours and after I worked a month it said the same amount of hours. I also read on the fmla site that the previous 12 months don't have to be consecutive but it wasn't really clear. The PO just keeps rolling the year forward so at times you qualify and then you don't. I have missed a lot of time so it is not so easy. Also I read that if you have been gone from employment for less that 7 years and work for the same employer it counts also. Anybody know the law well? The DOL said to talk to human resources. lol like i am getting a straight answer from them.
10595
KIMMIEKPerson was signed in when posted
05-19-2014
11:33 PM ET (US)
Bobby in some states you can actually do both OWCP and Social Security disability... you might want to check this out-- While you are on OWCP you may also go for a Disability retirement-- option it to the side and then continue your medical and compensatory with OWCP.

kk
10594
bobby bakerPerson was signed in when posted
05-19-2014
11:28 PM ET (US)
Thanks Kimmiek
10593
KIMMIEKPerson was signed in when posted
05-19-2014
11:14 PM ET (US)
Hi bobby baker-- NO as long as you are being treated by your Attending physician for accepted conditions you can stay on OWCP compensation. Now you must understand that OWCP is NOT a retirement program however it IS there to compensate you for your injuries including wage loss and treatment and eventually if you have permanent injuries a scheduled Award. OWCP also will put you back to a rehabbed position or will pay you the difference of what you qualify for. So Workers Compensation gives you opportunities to salvage a career or it will find you work that you're qualified for or pay you the difference for the rest of your career. I hope this answers your questions.

kk
Edited 05-19-2014 11:14 PM
10592
bobby bakerPerson was signed in when posted
05-19-2014
11:08 PM ET (US)
Hello. I'm on. Workers. Comp I'm 61,would I have to take. Social. Security. When. 62? Or. Can. I not apply. For. Social. Security. Retirement and. Stay on. Workers comp ?
10591
mailladypostladyPerson was signed in when posted
05-17-2014
02:46 PM ET (US)
thanks Silvester
10590
silvesterPerson was signed in when posted
05-16-2014
04:45 PM ET (US)
I thought this was weird. When I got the approval letter from my CE for the doctor change, she included another letter saying that she was sorry she hasn't called me back. ( I told her I tried to reach her 3 times) To blame it on the pile of cases she has. And if I wanted to contact her, the fastest way is by writing a letter and uploading it to ecomp.
10589
silvesterPerson was signed in when posted
05-16-2014
04:43 PM ET (US)
Mailladypostlady, First I called OWCP and told the person who answered the phone to write a note to my CE saying my primary doc did not want to participate with OWCP anymore. I wanted to switch doctors and I will upload a letter to ecomp. ( I called because she was expecting my medical forms from my primary. He decided he didn't want to do it anymore last minute.) Then I wrote the letter saying the same thing, and I wanted to switch doctors to Dr XXX and all his info. She sent me an approval letter within a week.
10588
KnudPerson was signed in when posted
05-16-2014
04:33 PM ET (US)
Snowed-A really big Thank You for the links you provided! Greatly appreciated!
10587
mailladypostladyPerson was signed in when posted
05-16-2014
02:09 PM ET (US)
Thanks Silvester! May I ask, If or what did you have to submit anything with your request?
Edited 05-16-2014 02:10 PM
10586
silvesterPerson was signed in when posted
05-16-2014
12:41 AM ET (US)
Did that make sense? Excuse me, I'm a bit peeved to learn the spinal cord implant in my back was recalled in 2011! I've been having a lot of burning in one area and thought I'd look around the net. Luckily I did.
10585
silvesterPerson was signed in when posted
05-16-2014
12:37 AM ET (US)
I just had to change my primary to another doc. He's in the same state, but all he will be doing is filling out DOL forms when needed. My treating doctor treats me. ()Mytreating doc doesn't want to fill out any paperwork for the DOL.)
10584
mailladypostladyPerson was signed in when posted
05-15-2014
01:59 PM ET (US)
Agodlywoman, I thought the same thing. I was told that for instance, Dr NEW could be my primary (take care of my owcp forms, etc), and the Dr. in the state that I live in could maintain treatment. I'm unsure abt it though, that why I was asking.
Edited 05-16-2014 06:34 PM
10583
agodlywomanPerson was signed in when posted
05-15-2014
08:23 AM ET (US)
i thought your primary was your treating?
10582
RivkahPerson was signed in when posted
05-14-2014
10:45 AM ET (US)
OWCP is doing a suitability hearing on the new job offer. Does OWCP consider excessing a RIF? I received a copy of a letter going to HRM asking if I was RIF'd among other things. I am a clerk with 27 yrs so can't be laid off. My perm rehab position was withdrawn last yr and I was excessed to an office outside my driving restrictions. HRM at first tried to force me there but reneged & gave me a temp offer which was just withdrawn. My 50 is cut for the office outside my restrictions. I don't believe OWCP is fully aware of what took place last yr when my perm job was withdrawn. I feel that even though these questions are not being asked of me, I should respond with more info & documentation. Any advice? Snowed, Niece, anyone else?
10581
mailladypostladyPerson was signed in when posted
05-14-2014
10:22 AM ET (US)
Does anyone have "an out of state Dr." as their primary, and a "treating Dr" in their home state? Im having a hard time getting my OWCP paperwork completed properly.
Edited 05-14-2014 10:27 AM
10580
silvesterPerson was signed in when posted
05-14-2014
03:53 AM ET (US)
Snowed, Do you mind if I contact you off the board?
10579
John828Person was signed in when posted
05-13-2014
10:25 AM ET (US)
Snowed: Unable to use FedSoup. My e-mail is Jwalczy46@comcast.net, can you e-mail me to discuss letter I received concerning possible return to work offer? Thanks....
10578
mailladypostladyPerson was signed in when posted
05-10-2014
08:58 AM ET (US)
Thanks Snowed!!
10577
SnowedPerson was signed in when posted
05-10-2014
06:56 AM ET (US)
Sylvester-
Not really, but at least it is something.
10576
SnowedPerson was signed in when posted
05-10-2014
06:55 AM ET (US)
Mailladypostlady-
Max 80% of pre disability SS earnings of both combined.
10575
agodlywomanPerson was signed in when posted
05-09-2014
08:26 PM ET (US)
you can google it and the explanations are very easy to understand.
10574
mailladypostladyPerson was signed in when posted
05-09-2014
05:41 PM ET (US)
Anyone know how SS and OWCP/FECA are offset? I have a partially favored (long story) decision dated back to 2010.
10573
silvesterPerson was signed in when posted
05-08-2014
12:11 AM ET (US)
Does it make it up Snowed?
10572
SnowedPerson was signed in when posted
05-07-2014
09:48 PM ET (US)
silvester-
When you are out injured and still on the USPS rolls, you accumulate an extra 1% per year toward retirement. This is supposed to make up for the loss of TSP and SS credits
10571
silvesterPerson was signed in when posted
05-07-2014
03:17 AM ET (US)
Is there still no way to contribute to my TSP while out on the rolls? Why doesn't the upsp at least contribute their amount? I mean, it was not my fault I was injured on the job.
10570
Deleted by author 05-05-2014 08:57 AM
10569
SnowedPerson was signed in when posted
05-04-2014
01:13 AM ET (US)
Knud-
CA-810 http://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/CA-810.pdf
Feca Manual Part 2 http://www.dol.gov/owcp/dfec/procedure-manual.htm
10568
neicePerson was signed in when posted
05-01-2014
09:08 PM ET (US)
I know you didn't ask me stephen, but owcp cannot just close your case if you are still medically eligible. You should write to the district director & regional director telling them you were never given 30 days to appeal owcp closing your case.

Before owcp can close any case, they have to notify the claimant & give them 30 days to appeal.
10567
stephen krawiecPerson was signed in when posted
05-01-2014
06:09 PM ET (US)
hello snow

I just received my ss and opm. I was sent a letter from owcp that my case was closed. Can they do this.
I haven't applied for my schudled award. But have been going back and fourth with my dr.on the a letter
proving my case. What must I do to reopen my case for my meds and compensation. thanks steve
10566
KnudPerson was signed in when posted
05-01-2014
04:16 PM ET (US)
Hello All,

I've never posted here before, kind of "lurking" to get as much information and knowledge as possible. Is there any kind of textbook or overview that can guide one through the maze of agency and OWCP forms and requirements? Even a checklist to follow to follow would be great. Maybe I should have looked at the PEN resources before asking this.(?)

Management, of course, is of no help at all. Even talking to OTJ injured co-workers I get the distinct impression that they have just bumbled their way through the claims process. I've read horror stories about OWCP but then I've also read about people who knew what to do and what "correct responses" to put on the various forms and the claims process proceeded relatively smoothly compared to those who were without a clue.

From what I've gathered, the initial submission of the injury report and the Dr.'s rational seem to be the key points of a successful or unsuccessful case. With that being said, outside of an OWCP attorney, is there any type of written material that can guide the injured party and the Dr. getting all the "i's" dotted and "t's" crossed?

Thanks in advance for any direction to resources you folks can provide.
10565
SnowedPerson was signed in when posted
05-01-2014
12:25 AM ET (US)
rivkah-
Yes you have to submit the CA-2a to hrm. It is disgraceful what the USPS is doing to the injured. Yes you do have a right to a suitability determination even if you are not on the rolls. The OWCP rule change is mass confusion but you still have the right to safeguard your health.
10564
Brownbomber2Person was signed in when posted
04-29-2014
04:00 PM ET (US)
Thanks Snowed. I got a report recently from a Orthopedic surgeon who rated my entire body, that used to do the exams for Workers Comp. I will probably send them that as well.
10563
rivkahPerson was signed in when posted
04-29-2014
12:59 PM ET (US)
Thanks for all your help snowed. They tried to force me to sign refused but I would not. I followed the apwu contract in accepting under protest. Reading the new owcp rules on temp job offers makes it look like they don't have to determine suitability on a temp offer unless you're on the periodic roles. I am for partial day. I'm allowed to work 6 & get 2 iod. LWEC was already overturned by ECAB, thankfully, during nrp. Do I have to also submit the ca2a to hrm or just directly to owcp? My dr is going to order an FCE & then do a narrative. He already did a ca17. I have several illnesses that happened after the work injury, so have a lot of restrictions, but can still work with modifications. I've managed to remain productive all these yrs until they started playing all these games. I was injured in 1992.
10562
SnowedPerson was signed in when posted
04-29-2014
10:58 AM ET (US)
Brownbomber2-
You thin down your file to include basically the last narrative you have from your doctor and the last MRI, etc...you don't need all the previous reports that basically say the same thing. You can put the file together yourself but Dr Ellis is very particular in the way he wants it put together. You should have a page from him with instructions. He does need it in advance of your visit. I have a couple feet of files myself but was able to make it less than on inch for the people who put my file together for him.
10561
SnowedPerson was signed in when posted
04-29-2014
10:54 AM ET (US)
rivkah-
You can ecomp everything but you have to do 5 or 6 pages at a time. You can mail it too but it is not really necessary as you can see in Ecomp everything you submit. You just need the DCN number to pull it back up.

The USPS does not have to get a suitability determination from OWCP before they offer you a job but you have a right to wait for one. I would not even accept or refuse a job that is not in your restrictions until after a proper suitability determination is made.
10560
Brownbomber2Person was signed in when posted
04-28-2014
06:38 PM ET (US)
Question for anyone who has used the Ellis Clinic in OKC. They are asking for records, but said not all of them, just a summary. They included a address of someone in TN I think who goes through them and does this, but it is $40 an inch. I have a foot of records and that along with the trip to OKC is going to be quite a bit of money out of my pocket until I prove my case for expansion for the neck and lower back. Any suggestions on what to send if I do this myself?
10559
Brownbomber2Person was signed in when posted
04-28-2014
06:35 PM ET (US)
Silvester
I did when it appeared that I would be off of work for a year or more and I received SS disability and was able to draw it at a reduced rate while drawing OWCP. That was 8 months after I was injured on the job and it became apparent that it was going to go for awhile, which turned out for good. The sooner the better if it looks like it could become a permanent thing. You have to be on the rolls of Social Security disability for two years before you can sign up for Medicare.
10558
rivkahPerson was signed in when posted
04-28-2014
04:21 PM ET (US)
Should I ecomp or mail everything? There's a lot of paperwork.
10557
rivkahPerson was signed in when posted
04-28-2014
04:20 PM ET (US)
I had taken the new offer to my dr & he had addressed it with a CA17. I called to ask for a narrative. I'm in shock. They said they would work with me & then refused. Stupid me. I actually believed them.
10556
rivkahPerson was signed in when posted
04-28-2014
04:17 PM ET (US)
I had the meeting for the new job offer today. They had me in & out of the office so many times while they made phone calls. It was so stressful. They tried to get me to sign to accept as is (part of it is not in my restrictions) or refuse. They attempted to not allow me to sign under duress but I insisted. The clerk contract states that this is allowed. I had attached a copy of my medical and a letter requesting modifications. They gave me a letter stating that since I accepted under protest I would have to select of a form of leave and they would submit it to owcp for review. Why didn't they do that first? They withdrew my current temp job as well as the new offer and sent me home. I already went through the nrp, got my hours back, had that job taken away, tried to send me 1 1/2 hrs away from home which they finally acknowledged was not w/in my restrictions, gave me a temp job for 10 mths and now this. I know I need to file for recurrence. Any other suggestions? I already have an eeo in the works for the prior withdrawal. Will file a new one & retaliation. The OIC is the same one as the last office where I was sent home. She & the HRM mgr were named in the last eeo.
10555
rivkahPerson was signed in when posted
04-28-2014
04:19 AM ET (US)
Snowed. Im accepting the newest offer under duress with proposed changes to meet my restrictions. Shouldnt the offer be permanent. They are saying they dont do that anymore. It is for 6 hrs.
10554
silvesterPerson was signed in when posted
04-27-2014
11:58 PM ET (US)
Question. Is it worth filing for SSDI or SSI while on the rolls?
10553
John828Person was signed in when posted
04-27-2014
08:21 PM ET (US)
Snowed: Found you through pravious post of your's....Will Pm you....
10552
John828Person was signed in when posted
04-27-2014
08:20 PM ET (US)
Snowed: I looked at member list and you're not on list. Don't know what's up?
Shouldn't have lost my previous messages too....
10551
SnowedPerson was signed in when posted
04-27-2014
08:08 PM ET (US)
Rivkah
If your LWEC was overturned then you should be able to submit a CA 2a and ca 7 the reason being withdrawal of limited duty.
Edited 04-27-2014 08:09 PM
10550
SnowedPerson was signed in when posted
04-27-2014
08:03 PM ET (US)
John828-
Yes I am still there
10549
rivkahPerson was signed in when posted
04-27-2014
06:25 PM ET (US)
I am a perm rehab employee (MMI) with usps. My LWEC was overturned by the ECAB during the NRP. I am restricted to working 6 hrs a day & am on the periodic rolls for 2. May 2013 my perm rehab position in an office where I had been working for more than 15 yrs was taken away, supposedly due to excessing. During the NRP, my hrs had been reduced and then given back when it ended. I was involuntarily transferred to an office outside my driving restrictions which I told them I could not do. No formal offer was made at that office. During eeo mediation which was not resolved I was offered a temporary position within my restrictions closer to home, which began June 2013. I am waiting for an EEO hearing but have not found a lawyer that will represent me on a contingency and cannot afford to pay, so not sure what I will do when I get a hearing date. That position is now ending. They have made me another temp job offer somewhere else. Since I am on the periodic rolls for 2 hrs daily how do the new rules on temp job offers apply to me?
10548
JFP679Person was signed in when posted
04-27-2014
05:49 PM ET (US)
Thank you Snowed! I will contact the union tomorrow.
10547
John828Person was signed in when posted
04-27-2014
08:07 AM ET (US)
Snowed: I tried to follow up w/you on Federal Soup private message thread. My messages have been deleted and I could not find you on member list. Are you 'off' that site? Wanted to update you on latest w/my saga w/OWCP post FERS D/R........
10546
SnowedPerson was signed in when posted
04-27-2014
12:56 AM ET (US)
JFP679=
Get some advice from the union and let them know what is going on. You cannot be fired for a legitimate medical reason. Can he retaliate?....he might try but if you document everything, you might have a potential EEO claim.
10545
JFP679Person was signed in when posted
04-26-2014
04:18 PM ET (US)
Snowed, thanks for the reply. Do you know if he can retaliate against me if I have the surgery? The doctor says i'll be off for 12 weeks. I'm worried he might try to fire me and I'm only 2 years away from retirement. He has fired 2 people this year for attendance issues. My mom died right before Christmas and he was very good to me, even came to my mom's funeral. I don't want to make him mad, but I do need to have this done.
Thanks again for your help!!
10544
agodlywomanPerson was signed in when posted
04-26-2014
12:10 AM ET (US)
shay: msg 10502: have you received help regarding your question? i've had problems with job offers against restrictions. do not accept the job. there must be wording regarding: 10 minute break once every hour. exactly hours you are to walk. exact hours you are to stand. preferably alternating between the two. doctor must be specific. he must back you up. be specific. send the offer to owcp and state your reasons and concerns. send the offer back stating you need more time to confer with your physician.
10543
agodlywomanPerson was signed in when posted
04-26-2014
12:03 AM ET (US)
brownbomber: msg 10510: i was never demanded to ever meet at my home by anyone.
10542
agodlywomanPerson was signed in when posted
04-25-2014
11:58 PM ET (US)
i would simply put in my leave slip when time came for my surgery.
10541
SnowedPerson was signed in when posted
04-25-2014
11:51 PM ET (US)
JFP679-
Your PM cannot refuse your request for time off for surgery. Talk to your union.
10540
JFP679Person was signed in when posted
04-25-2014
10:39 PM ET (US)
Hello, I need some advice. I am currently working with minor restrictions. My orthopedic surgeon is requesting authorization for surgery on my hand, thumb joint replacement. It's causing me a lot of problems. Today I told them at work I will be having surgery as soon as OWCP approves it. My postmaster informed me they will not let me off work for the surgery because we are too short handed. To be honest, this postmaster has been good to me and I hate to make him mad, I'm worried he might try to fire me. Can they really make me postpone the surgery? The surgeon says I need to have it as soon as possible. This is already an accepted condition.
Thanks for your help! I honestly don't know what to do. I would be ok if it was only postponed a month or so, but we have been short of help for over a year, I don't think I can wait that long.
Edited 04-25-2014 11:17 PM
10539
Deleted by topic administrator 04-25-2014 05:10 PM
10538
RCSurferPerson was signed in when posted
04-24-2014
06:44 PM ET (US)
Thanks Snowed... unfortunately I have a credit insurance on my jeep payment, in which I had to sign a release which was all encompassing, so I'm sure they'd see the SECOP report from Cigna's doc. Good to know that OWCP won't see it.

Still thinking of skipping the Cigna secop appt., it's over 2 hours away and Cigna has already been told by my doc that I can't sit for more than 30 mins; so I have to get a driver and take breaks... just to see their quack who I'm 99.9% sure is going to write the report slanting towards Cigna and I will be dropped. Save myself the hassle and worry, and get dropped for the skipped appt.

To any out there that may have LTD through Cigna... they don't have your back, and you will not have long term coverage.
10537
SnowedPerson was signed in when posted
04-23-2014
10:49 PM ET (US)
wbm-
You process through Shared Services which is national so yes.
10536
wbmPerson was signed in when posted
04-23-2014
09:18 PM ET (US)
Hello, I'm considering retiring from the usps and I would like to know if I can put my papers in from a different state? I now live in Pa. but moving to Mn.
10535
SnowedPerson was signed in when posted
04-22-2014
09:11 PM ET (US)
Google: "ecomp" and it will take you to a site where you can upload documents that are scanned into your computer. Click on green button that says: "Access Case & Upload Document." The max you can upload is 5-6 pages at a time, so if you have a longer document you will have to send it in two(or more) parts. Make sure you record the DCN number the system gives you after upload. This number allows you to access document or check upload status.
10534
rivkahPerson was signed in when posted
04-22-2014
12:53 PM ET (US)
How do we input info directly to owcp. I read the cqs training info but didn't see this. Thank you everyone on this & the nrp forums for all the info that is posted.
10533
SnowedPerson was signed in when posted
04-21-2014
04:11 PM ET (US)
Your SECOP report cannot be seen by anyone other than Cigna without your permission. That would be lawsuit material. I wouldn't worry. Just don't give them permission.
10532
RCSurferPerson was signed in when posted
04-19-2014
02:11 PM ET (US)
IF my memory is working correctly, I remember reading a post from someone on here who has the NRLCA Long Term Disability Insurance that is run by Cigna. Seems like they said that they had to get a lawyer in order to make Cigna pay up. I have a question: Did Cigna send you to a secop? They're trying to kick me off and am sending me to a second op quack. A really terrible doc from everything written up; he's in his 70s and I'm guessing he just does this now as he does WC secop's and insurance secop's. I DO NOT want this quack's opinion floating around out there for OWCP or SSDI to see - is this just my fear or is it a legit worry? I'll skip the appt and have them cancel the LTD ins as I have DR to fall back on if needed and SSDI.
10531
SnowedPerson was signed in when posted
04-16-2014
10:32 PM ET (US)
Kitara-
Please don't reply with all caps...translated as yelling. It is too late for an EEO but you could call OSC to investigate the crime against you but as I said, due to the passage of time you might have difficulty. You can try a personal lawsuit against the supervisor..I am not a lawyer...you will likely need one.
10530
SnowedPerson was signed in when posted
04-16-2014
10:29 PM ET (US)
wbm-
Yes it is possible to file for a consequential due to the effects of the meds. If the doctor stated this in his report, you could request the new conditions be added.
10529
neicePerson was signed in when posted
04-16-2014
09:20 AM ET (US)
wbm - Unless your owcp doctor thinks and will write medical rationale, that the meds you take for your lower back injury, made you dizzy, etc and caused you to fall. That would be the only way that shoulder injury could be considered a consequential injury to your owcp injury.
10528
wbmPerson was signed in when posted
04-16-2014
07:39 AM ET (US)
Hello neice and Snowed, thx for the info. I should have been clearer on the injury..I'm out for lower back injury and the new injury was to my shoulder( slip and fall on ice)which had nothing to do with the job, I just thought I was obligated to tell ce since the neurologist I was seeing kept insisting that one injury had to do with the other based on meds I was taking for my shoulder. Ended up dropping him, very unprofessional. thx again.
10527
Kitara5353Person was signed in when posted
04-16-2014
02:57 AM ET (US)
From: agodlywoman Time: 11:45 PM
kitara: if you're not aware of ecomp, we'll tell you how. if you
have the supervisor's statement, go down it line by line. then
state the truth as a fact. i did it like this: i'd put the
statement then say: this statement is not a true and accurate
statement. then i'd write what was. put that you were alone in
the facility. that you (if you were) trained in proper lifting
technique and always performed it properly. that you had never
been disciplined or corrected for improper lifting,etc. just
state your case. tell your story. question: did owcp tell you
they weren't allowing any medical treatment due to the
supervisor's statement? also, i wrote a short readers digest
version of my job duties for my doctor so he'd know exactly what
i did at work, the weight i lifted repetitively. weight of
equipment i moved. that kind of thing. that way he has the idea
of what you were doing and he can write a narrative for
you.......tell him you need it.
Hello agodlywoman,
Thank you for your reply. Luckily, I have found a wonderful OWCP doctor who specializes in OWCP cases. He is helping me. He's the only one I could find west of the Mississippi. I am aware of ecomp, but my case is closed I think because it was denied last year. I will try it out though. Answer to your question; the OWCP said they would not allow anymore medical treatments because of the controversion/challenge letter, I was also denied COP because of it as well. I will do as you suggested and document the truth against her lies.

From: Snowed Time: 03:29 AM
Kitara-
Start by documenting your file with a statement of your own.
Calmly and clearly rebut every accusation of your supervisor
with a statement of truth. At the end of the statement make a
statement such as "I testify that my statement is true and I
understand that making a false statement in a workers'
compensation claim is a crime."

Your statement must be taken as truth if there is no one to back
up the supervisors claims. Submit all your medical and
reconsideration timely. You can e-comp everything directly into
your file.

As for the false statements of the supervisor, you are too late
for EEO and likely too late to pursue OIG or OSC investigation
due to delay.
I JUST FOUND OUT THAT I COULD FILE A CLAIM AGAINST MY SUPERVISOR FOR FALSE STATEMENTS FROM AN OWCP ADVOCATE. OTHERWISE I DID NOT KNOW THAT I COULD EVEN DO THAT.HE TOLD ME THAT WITH HER MAKING ME WORK WHILE KNOWING I WAS INJURED IS A CASE IN ITSELF. THAT SHE PUT WORK BEFORE MY HEALTH. ALSO, BECAUSE I WAS NOT AWARE OF THE FACT THAT I AM/WAS ABLE TO FILE A CLAIM AGAINST HER FOR FALSE STATEMENTS,WOULD THAT MATTER? I HAVE BEEN RESEARCHING AND FOUND THAT I HAVE TWO YEARS FROM THE INCIDENT TO FILE, AT LEAST THAT IS MY UNDERSTANDING. I FOUND IT ON THE FEDERAL TORT CLAIMS ACT. i SURE HOPE I CAN FILE A PERSONAL INJURY CLAIM AGAINST HER BECAUSE OF HER FALSE STATEMENTS WHICH CAUSED ME TO HAVE WORSE INJURIES IN ADDITION TO ANOTHER ONE CAUSED BY THE FIRST INJURY. THANK YOU FOR ALL YOUR HELP, I REALLY APPRECIATE IT ALL.

If your neck is due to shoulder injuries, your doctor must
medically document the connection between the two and you can
submit that evidence as well to your reconsideration.

If going back to work for that day after injury caused your
condition to worsen, you can file a new claim beginning that
day(another CA-1). Going back to work for that one day could
have also messed up your claim. I
10526
SnowedPerson was signed in when posted
04-16-2014
12:04 AM ET (US)
Also on your SF3107, Application for Immediate retirement, you had to list compensation. You cannot get paid both at the same time. If there is an overlap, it will get adjusted.
10525
SnowedPerson was signed in when posted
04-15-2014
09:52 PM ET (US)
Yes when you begin RECEIVING the money.
Edited 04-16-2014 12:01 AM
10524
zyxPerson was signed in when posted
04-15-2014
08:36 PM ET (US)
Yea, I realize that, but I'm pretty sure I am obligated by law, sure I read somewhere, to report as soon as I know I'll be eligible for other income. I even think on the CA7s it asks about certain situations with pensions. I am conflicted.
10523
SnowedPerson was signed in when posted
04-15-2014
07:53 PM ET (US)
zyx-
OPM is behind on processing retirements. You could be without income if you ask OWCP to stop making payments on 5/1/14.
10522
zyxPerson was signed in when posted
04-15-2014
07:34 PM ET (US)
Snowed-
Effective date of my retirement is 5/1/14, you really don't think I should notify OWCP? I am on periodic rolls, how will my last pay be affected from OWCP? Thanks
10521
SnowedPerson was signed in when posted
04-15-2014
01:17 PM ET (US)
zyx-
No don't rock the boat yet.
10520
SnowedPerson was signed in when posted
04-15-2014
01:16 PM ET (US)
wbm-
You are not obligated to report the new injury, but depending on your circumstances it might be beneficial for you to do so.
10519
SnowedPerson was signed in when posted
04-15-2014
01:14 PM ET (US)
Anti-Step B-
You can write to your congressman.
10518
SnowedPerson was signed in when posted
04-15-2014
01:12 PM ET (US)
Brownbomber2-
Anything is possible with the power of the USPS to sway a doctor or his staff. I myself have not had any problems with Ellis clinic. I received my schedule award with no reduction.

The chain of command is CE, senior CE(supervisor), District Director, Regional Director, (I would skip the rest in the middle here as I could find no good addresses) and then at the top is the Secretary of Labor(I just pop an email: talktodol@dol.gov.) I found jumping to the Secretary of Labor works well too and I recommend it for you. Having that audio recording is a good thing. You might want to call the OSC and make a report with that audio. Keep us up to date.
10517
zyxPerson was signed in when posted
04-15-2014
11:25 AM ET (US)
Hi again. I submitted my USPS retirement papers last Friday. I have been on OWCP but I am soon to be released back to work on limited duty, that is why I retired don't want any part of going back to work. I am assuming I need to contact OWCP of my decision and exact retirement date, I just wanted confirmation. Also, I believe I read where my retirement papers are my notice. Is this correct, because I despise my PM and don't want to give him a heads up?
10516
mailladypostladyPerson was signed in when posted
04-15-2014
10:17 AM ET (US)
10508- Brownbomber that must be the reason why my CE hasn't returned my phone calls. I also submitted evaluation from Ellis clinic for expansion of my case, and mileage reimbursement. Its been 4 months and I cant get an answer for either....
10515
neicePerson was signed in when posted
04-15-2014
10:01 AM ET (US)
wbm - If you injured another part of your body from your work duties, then you need to file a new claim.

If you injure another part of your body, that is a consequential injury to the owcp injury you already have, then you need to ask your attending physician to write a letter of medical rationale explaining how your owcp injury caused the consequential injury. And, you also need to write a letter requesting owcp to add the consequential injury.
10514
zyxPerson was signed in when posted
04-15-2014
09:16 AM ET (US)
Pulled the trigger, submitted my retirement papers Friday. Must I notify OWCP now?
10513
wbmPerson was signed in when posted
04-15-2014
07:59 AM ET (US)
Thank you neice, for my second question..if I injure another part of my body that is not related to my case do I have to report said injury to my Ce? Am I obligated to do so?
10512
silvesterPerson was signed in when posted
04-15-2014
03:08 AM ET (US)
Not getting paid this month has really opened my eyes.. I must start to save money for backup.. Something hard to do with a child in college. I hope its not too much longer for my check to draw.
10511
Anti-Step BPerson was signed in when posted
04-14-2014
08:08 PM ET (US)
How can you protest OWCP denial of mileage reimbursement because they are claiming doctors closer to my home. They have previously paid for all trips to my current doctor and are now wanting me to switch to another doctor.
10510
Brownbomber2Person was signed in when posted
04-14-2014
01:46 PM ET (US)
Well, I am in Missouri and Missouri law allows the recording of a conversation between two people as long as you are a party to that conversation. The claims adjuster is a private contractor working for the Department of Labor who demanded we meet at my house. The department of labor always records your conversations, so I don't see a reason why I can't do the same. Their disclaimer is at the start of every conversation you have with them. I have just finished drafting a letter to the OIG over this region to try and get an investigation into the KCMO office and the rehabilitation guy, since he is in Missouri as well.
10509
neicePerson was signed in when posted
04-14-2014
12:59 PM ET (US)
Brownbomber - Before you use his audio statments, you need to check if Kansas is a one sided or two sided notification of recording. You could get into trouble if you use an audio tape that you recorded secretly.

I have heard only great things about the Ellis Clinic, although, I have never been there personally.

Sometimes you have to forget about the chain of command when they are screwing around with your claim. I would send a letter to the District Director, Regional Director, Congressman and cc: your CE and cc: each director of the other letters and cc: the congressman.
10508
Brownbomber2Person was signed in when posted
04-14-2014
11:27 AM ET (US)
Couple of questions. Does anyone know if the Ellis Clinic in OKC is really worker friendly? I have gotten so distrustful of OWCP, that I don't want to take a chance walking into a clinic for an evaluation by someone secretly on their payroll. Two, does anybody have the chain of command for OWCP? I am writing a letter of protest on the way the Kansas City office has handled my case. I am sending copies to my representatives as well. I feel they are all working together in their attempt to deny all claims, but I could be wrong. I was told by my rehabilitation guy, who screwed me with his lies, that they are bonus driven to deny all claims possible. I got him making these statements on audio and had them transcribed and intend to fight this as long as it takes.
10507
neicePerson was signed in when posted
04-14-2014
10:03 AM ET (US)
chickcheck - all your knee appointments and absences can be covered under COP, but your attending physician needs to write this in a letter as to how many days off you needed for your knee recuperation, etc.
10506
neicePerson was signed in when posted
04-14-2014
10:01 AM ET (US)
wbm - Getting switched from doctors is not an easy process with owcp. You either have to move or ask your doctor to write owcp a letter that he/she will no longer be your attending physician anymore and your care is transferred to Dr.____.
10505
lawnladyPerson was signed in when posted
04-14-2014
07:46 AM ET (US)
If her absence, loss of wage, is do to her knee injury, yes.

In my case, I was off work for non-work related problem. They said no "wage loss".

I was tricked into doing PT for work related injury while off. I filed grievance to get paid and union dropped it.

Maybe Snowed knows more about this situation to help you out. If she was already off for her knee, I would think, yes. But you know how everything is a fight with OWCP/USPS.
10504
checkchickPerson was signed in when posted
04-14-2014
06:46 AM ET (US)
/m10501 so you do not think this carrier could get COP for any knee related absents, up to 45 days after reported injury? CA1 claim was approved, I dont think should she have to use SL when absents were because of her knee injury.
10503
wbmPerson was signed in when posted
04-14-2014
06:40 AM ET (US)
I need to know, if I get approved for new Dr. and he turns out not to have my best interest at heart can I switch to new Dr.? Also if I injure another part of my body not related to work injury case, am I obligated to inform Ce about it? thx in advance.
10502
shay3272Person was signed in when posted
04-13-2014
01:57 PM ET (US)
I hope some one can help me with this.I slipped while delivering mail and broke my leg and dislocated my ankle Jan.2012. I reached mmi Feb 2013; my dr, a 2nd opinion he obtained , and the secop all agreed that my career as a letter carrier was over. I developed post traumatic arthritis and loss of motion in my ankle.The all agreed I could do sedentary work but couldn't agree on how much I could lift so my case was sent to an Ime. The IMe agreed that I would not be able to do the duties of a letter carrier. These are the resctrictions he gave; sitting 10 hrs, walking 1-2hrs,standing 3hrs, reaching twisting 10 hrs,bending 2hr, pushing pulling (20lbs)8hrs, and lifting(20lbs) 3-4 hrs. I was offered a job as a modified carrier.The duties of the job are casing mail 2-3 hrs,delivering mail on foot 1-2 hrs, delivering mail curbside 6-7 hrs, and delivering express mail 2-3 hrs.I initially turned down this job because in my restrictions the driving portion was left blank.They contacted the IME to clear up the driving issue it took about 2 months for him to respond he sent an addendum. He said that i may be able to stand and walk 3-4 hrs a day alternating between the two and obviously sitting as necessary for discomfort.He goes on to say that reviewed the modified offer. It requires that she walk 1-2 hrs a day . The ability to that requires that it be done with frequent breaks,i.e.,with periods of perhaps 10 minutes of walking or less at a time . After the addendum they sent the same modified carrier job back out to me with 15 days to respond. Would the breaks change the job.
Edited 04-13-2014 02:36 PM
10501
lawnladyPerson was signed in when posted
04-12-2014
01:53 PM ET (US)
Checkchick, if they're off for another reason, they're going to say "no wage loss". That's what they did to me.
10500
checkchickPerson was signed in when posted
04-12-2014
10:49 AM ET (US)
Hi this is a COP question....Carrier reported a traumatic injury to her knee. With-in 3 days of reporting it she had emergency gall bladder surgery and was off about 2 weeks. and since then has use sl sporadically to cover doc appt etc for knee. Should all her knee related absences be claimed as cop up to 45days after injury date? She was not aware she could use cop and used sl. can they go back and correct it to cop? and restore sl used?
10499
wbmPerson was signed in when posted
04-11-2014
02:03 PM ET (US)
Yes Snowed it was approved and everything was fine until I brought a letter in from my Ce stating they wanted a evaluation on my condition and if there was any work that I could do. Once he read that he immediately launched into what he wasnt going to do. My treating physician, before he retired, had me down for not lifting, pulling or pushing anything over 5 lbs. and based on the fact the sciatic nerve wouldnt allow me to walk, sit or stand for any prolong length of time I was to be considered temporarily totally disabled. This has been for 3 to 4 years. This new Dr., who never looked at my medical records nor any mri disc or even evaluated me said" I cant agree with the finding of totally disabled , I'm sure there must be some kind of work you can do". At that point I left. Snowed are you saying if I got approved for another Dr. I'm stuck with him regardless??
Edited 04-11-2014 02:04 PM
10498
silvesterPerson was signed in when posted
04-11-2014
12:19 PM ET (US)
Thanks again for your continued help and kind words :)
10497
SnowedPerson was signed in when posted
04-11-2014
04:57 AM ET (US)
silvester-
So glad for you. Just watch your CQS. It shouldn't take long.
10496
silvesterPerson was signed in when posted
04-11-2014
12:41 AM ET (US)
Snowed,I got a call from OWCP this morning. It was early, I was half asleep and I am very sick. The person said she is calling for my CE who was out today, and that she see's my 1032 and reinstated my benefits and she hopes it takes. Thank you bye. lol, I didn't have a chance to say anything. I checked ACS and it says I'm on periodic rolls. Do you know how long it will take? Thanks for your help.
10495
agodlywomanPerson was signed in when posted
04-10-2014
11:45 PM ET (US)
kitara: if you're not aware of ecomp, we'll tell you how. if you have the supervisor's statement, go down it line by line. then state the truth as a fact. i did it like this: i'd put the statement then say: this statement is not a true and accurate statement. then i'd write what was. put that you were alone in the facility. that you (if you were) trained in proper lifting technique and always performed it properly. that you had never been disciplined or corrected for improper lifting,etc. just state your case. tell your story. question: did owcp tell you they weren't allowing any medical treatment due to the supervisor's statement? also, i wrote a short readers digest version of my job duties for my doctor so he'd know exactly what i did at work, the weight i lifted repetitively. weight of equipment i moved. that kind of thing. that way he has the idea of what you were doing and he can write a narrative for you.......tell him you need it.
Edited 04-10-2014 11:48 PM
10494
Brownbomber2Person was signed in when posted
04-10-2014
08:19 PM ET (US)
When I went on periodic rolls, it meant I did not have to turn in paperwork to get paid, it was just automatically paid. Nothing to worry about.
10493
rr01Person was signed in when posted
04-10-2014
05:43 PM ET (US)
I just got a letter today stating I am now on "periodic roles" just wondering what affect this has on my owcp?
10492
Brownbomber2Person was signed in when posted
04-10-2014
03:47 PM ET (US)
Will do snowed. Thanks. I am going to make an appointment with Ellis clinic and see if they can help. Niece, I have even written the president and they referred it to the district director, who basically sent back a summary of what the CE's have done, he did nothing to help. I am going to go on up the ladder, I am not going to quit.
10491
SnowedPerson was signed in when posted
04-10-2014
02:50 PM ET (US)
Brownbomber2-
It can help if your doctor uses key words and inept CE can understand such as CONSEQUENTIAL INJURY, AGGRAVATION, ACCELERATION.... Read through your doctors report and if this word is not in there ask if he would write an addendum answering the CE and to specifically say the back injury is a consequential injury. Even if you had pre-existing back degeneration he could use "acceleration" to describe how the back became worse so quickly.
10490
neicePerson was signed in when posted
04-10-2014
02:06 PM ET (US)
brownbomber - Then you should write a letter to the District Director and Regional Director of owcp.

Also, make sure you file your timely appeals.
10489
Brownbomber2Person was signed in when posted
04-10-2014
08:43 AM ET (US)
niece,
Yes I have contacted my representatives, but mostly they just give lip service to the case. They contacted the supervisor and when the supervisor told them everything was okay and they were doing everything right, they dropped it and don't respond to any other letters. They keep denying my claim for the expansion of my case to my neck following the fall, as well as the injury to my back. My doctor sent a 7 page report detailing the injuries and how they related to the fall and workers comp denied it, saying he didn't explain when it has taken so long to claim the back injury. I had tendons removed from my right foot and it has changed the way I walk, which, even with the orthotics has left me with a permanent limp. The doctors say that my hips are not level and it aggravates the bulging disks in my back. You just can't beat these people, they operate with total disregard for their workers and have absolutely nobody to answer to.
Edited 04-10-2014 08:43 AM
10488
SnowedPerson was signed in when posted
04-10-2014
03:33 AM ET (US)
wbm-
You need a treating doctor on your case file. Physical therapy alone is not possible without a treating doctor.

Was your request to have your treating doctor changed approved by OWCP? If not then you can still look for another Dr. I would find a doctor on your own even if you have to travel.
10487
SnowedPerson was signed in when posted
04-10-2014
03:29 AM ET (US)
Kitara-
Start by documenting your file with a statement of your own. Calmly and clearly rebut every accusation of your supervisor with a statement of truth. At the end of the statement make a statement such as "I testify that my statement is true and I understand that making a false statement in a workers' compensation claim is a crime."

Your statement must be taken as truth if there is no one to back up the supervisors claims. Submit all your medical and reconsideration timely. You can e-comp everything directly into your file.

As for the false statements of the supervisor, you are too late for EEO and likely too late to pursue OIG or OSC investigation due to delay.

If your neck is due to shoulder injuries, your doctor must medically document the connection between the two and you can submit that evidence as well to your reconsideration.

If going back to work for that day after injury caused your condition to worsen, you can file a new claim beginning that day(another CA-1). Going back to work for that one day could have also messed up your claim. I
Edited 04-10-2014 03:30 AM
10486
Kitara5353Person was signed in when posted
04-10-2014
01:42 AM ET (US)
Hello, I am new to this and desperately need help. I am not a career employee,I work for USPS as a PMR in a small, one person facility. I have no benefits, union or anything. I got hurt at work over a year ago. I was denied workers comp due to lack of medical documents.(long story)and a challenge letter from my supervisor.(she stated I hurt myself on purpose, and two, she said I hurt myself from "improper and unsafe lifting" (I work alone, how would she know?) I now have medical documents and I am almost ready to file for reconsideration but running out of time. I have no attorney (can't afford one, no income), I'm alone on this. I injured both shoulders (impingment, rotator cuff tear) and my back with several bulging discs and nerve damage and will need surgery,and I have been out of work because of it. I also have a neck injury (it started about a month after original injury and has progressively gotten worse) due to my shoulder injuries affecting my neck. I just found out why my neck has been hurting and getting worse and worse. After finally seeing a specialist and MRI,I have 3 bulging discs and one herniated in my neck and is also diagnosed as having loss of cervical lordosis, Dr. called it kyphotic and now will need surgery. My supervisor lied on her challenge letter to OWCP which also caused the denial of medical attention, and because of that, I was unable to get medical care until several months after the injury. She also made me work the following day while injured because she could not find anyone to come in and relieve me, she knew I was injured. My questions are: 1)what form do I need or how do I file a new claim for my neck injury? and to whom do I file it? 2) how do I file a complaint against my supervisor and to whom? for false statements that caused my injuries to become worse (from lack of medical attention) and which created a new injury due to my original injuries. Her false statements caused OWCP to deny any further medical treatment,(after only two visits). I never received COP either. Also, due to her making me work while I was injured, may have caused further damage. She put work before my health. I have been researching on the internet but can't find many answers to my unique situation. All and any help greatly appreciated. I only have less than a month left to file for reconsideration. Thank you
10485
wbmPerson was signed in when posted
04-09-2014
02:48 PM ET (US)
my dr recently retired leaving all of his patients to fend for themselves. I notified c.e. of this, found a new dr but it seems like the new dr doesn't have my best interests at heart ( on meeting for the first time he starts conversation off with what he's not going to do and how he's not a rubber stamp dr ). i'm in pain and he continued to be negative. My question is how many times can I switch drs and what is the frequency? Also do I have to see a pain mgmt dr or can I just go to physical therapy? thx in advance. Ps. do you think it a good idea for my ce to help with finding a dr?
Edited 04-09-2014 02:55 PM
10484
silvesterPerson was signed in when posted
04-08-2014
04:27 PM ET (US)
I uploaded another letter asking for my benefits to be restored. Also, another letter stating my ortho dropped me and a script for the new dr. I told the person who answered the phone I called on the 1st and didn't get a call back. She read the notes on my file. My CE said it didn't make sense what I was asking and closed the case. Geez, you'd think she would call me if she didn't understand.. The person who answered the phone said she made typos and it didn't make sense.... And that my CE will call back in 2 biz days... Sigh..
10483
SnowedPerson was signed in when posted
04-08-2014
12:47 PM ET (US)
also PEN's on the job injury page has a couple doctors listed...be prepared to travel. http://www.postalemployeenetwork.com/job-injury-information.html
10482
SnowedPerson was signed in when posted
04-08-2014
12:43 PM ET (US)
Sorry Rick...totally forgot...we can't advertise here...not that it benefits me any. You will have to search the internet with key words like "OWCP FECA DOCTOR"
Edited 04-08-2014 12:44 PM
10481
Deleted by topic administrator 04-08-2014 08:19 AM
10480
gypsy1452Person was signed in when posted
04-07-2014
11:06 AM ET (US)
can anyone tell me how to find a doctor that KNOWS about FECA? i need to find a new doc. any ideas?
10479
SnowedPerson was signed in when posted
04-05-2014
01:25 AM ET (US)
silvester-
Looks like it will be OK, hopefully they won't drag on getting you back on the rolls. Still don't think they should have taken you off.
10478
silvesterPerson was signed in when posted
04-04-2014
04:20 PM ET (US)
Thanks snowed! I'm in the ny district. So it's been two biz days and no call from my CE. Went to my pain doc today. I explained what happened with my ortho and he said they called him. He told me not to worry, he will have someone come to his office to fill out the forms. That's what this doc does. So I have an appointment with him. He is under the pain management. So I guess I should write a letter to the OWCP and tell them I want to make my pain doc my primary? Is this correct? My pain guy said what a jerk that office manager was to me. Lucky he saw my side of it. All I need is problems with him.
10477
SnowedPerson was signed in when posted
04-04-2014
10:31 AM ET (US)
silvester-
I pray you get it restored soon. They are wrong if they stopped it for the medical. What district are you in?
10476
silvesterPerson was signed in when posted
04-04-2014
07:06 AM ET (US)
They sent me a second packet of forms along with a letter stating they have been suspended because I didn't send the first ones in. The first paragraph says I need to send in the proof of earnings and my benefits would be restored but the second paragraph says I need to send in the proof of earnings and the medical part for my benefits to be restored.I send the earnings in as soon as I received the second pack.I sent in a letter with it to restore my benefits. The person who answered the phone at owcp said they having the earnings part.I also told her I need my benefits restored. My CE hasn't called me back yet and I have an appointment with my pain doc so I will be gone half of the day.I checked ACS and it still says Medical only so I guess I didn't get paid. This is very bad. Thanks for your help.
Edited 04-04-2014 07:20 AM
10475
neicePerson was signed in when posted
04-03-2014
09:43 PM ET (US)
Brownbomber - No, I don't deal with them, but have you called your congressman about what they're doing wrong?

They will get away with as much as claimants let them. Most claimants won't pursue their claim after owcp rubber stamps them as denied and that is what owcp is hoping you will do. But, since you're on this site, you obviously aren't going to be one of the claimants who will just go away. Which is good for you.
10474
Brownbomber2Person was signed in when posted
04-03-2014
07:39 PM ET (US)
Is anyone here dealing with the Kansas City office. I have been dealing with them for the past two years and they are the biggest bunch of jerks I have ever dealt with. Every time I send in a request to expand my case they deny it, regardless of how much evidence I have or what the doctors report says. They just seem to rubber stamp everything denied. I am looking for a way to get an investigation into their practices. They operate with impunity and are not accountable to anyone.
10473
SnowedPerson was signed in when posted
04-03-2014
01:36 AM ET (US)
"d. Fiscal Action
 
. Benefits should be suspended effective the beginning date of
the next periodic roll cycle. No deductions for Health Benefits (HB) and/or Life
Insurance (LI) will be made during the period of suspension.
e. If the requested information concerning earnings and/or dependents is
received, the CE should act promptly to restore benefits. Compensation should be
reinstated retroactive to the effective date of suspension where the evidence
submitted supports the payment of benefits, and should include retroactive
deductions for HB and/or LI premiums, as needed. "
10472
SnowedPerson was signed in when posted
04-03-2014
01:33 AM ET (US)
"c. Before effecting the suspension
 
 (whether of all compensation or of
augmented compensation), the CE should send a narrative letter to the claimant
which explains the basis of the action and notes the regulatory authority for it. The
letter should state whether a report of earnings, a report of dependents, or both, are
lacking and cite the date of the previous request. The letter should also advise the
claimant that benefits will be restored retroactively once the necessary information is
received (as long as it supports continuing payment). The decision should include
appeal rights."
10471
SnowedPerson was signed in when posted
04-03-2014
01:30 AM ET (US)
When you call OWCP, the general examiner that answers the calls can tell you why benefits were suspended.
10470
SnowedPerson was signed in when posted
04-03-2014
01:17 AM ET (US)
silvester-
Did they send you a letter as to why it is suspended?
10469
silvesterPerson was signed in when posted
04-02-2014
08:07 PM ET (US)
Snowed, I did call my ce, she has 2 days to call back.

The forms I get every 3 years . My pain doc sends in a report every month. My ortho was my primary and always filled out the forms. Interesting what you posted below my check is suspended.
10468
silvesterPerson was signed in when posted
04-02-2014
08:04 PM ET (US)
Sorry Rick
10467
SnowedPerson was signed in when posted
04-02-2014
06:42 PM ET (US)
Before you hire a lawyer, I would talk to the CE and then write a letter to the District Director if you have to.
10466
SnowedPerson was signed in when posted
04-02-2014
06:41 PM ET (US)
"c. Non-receipt of a completed CA-1032 or CA-12. When compensation has been suspended for failure to submit a CA-1032 or CA-12 form, the claimant or beneficiary may request a reconsideration accompanied by a completed Form CA-1032 or CA-12. In this case, the CE currently assigned to the case may act on the reconsideration request and restore benefits since submission of the form itself satisfies the requirement for reinstatement. No reconsideration assignment to a SrCE is necessary, but the CE should notify that the claimant or beneficiary that benefits have been reinstated." http://www.dol.gov/owcp/dfec/regs/complian...FECA-PT2/group4.htm

The medical is not part of this form. If the CE doesn't receive the medical then a SECOP should be ordered.
Edited 04-02-2014 06:41 PM
10465
SnowedPerson was signed in when posted
04-02-2014
06:25 PM ET (US)
"Would OWCP consider suspending benefits pending receipt of medical
documentation, 1032s, proof of death second opinions, etc., instead of
continuing payments and sending subsequent requests?
 
We do stop payments on report of death. When claimants fail to attend a second
opinion examination, we are required to give them due process. We give them an
opportunity to explain why they did not attend the appointment. We do generally
send a second notice for 1032s prior to suspension, in the event that the request was not received or if we mishandled the claimant’s response. It is not our interest to cause unnecessary financial hardship, and because ongoing benefits have been ruled to be a property right, stringent due process requirements must be observed." http://www.oig.dol.gov/public/feca/questionsandanswers.pdf
10464
SnowedPerson was signed in when posted
04-02-2014
06:22 PM ET (US)
Did you try calling the CE and talking about your predicament?
10463
SnowedPerson was signed in when posted
04-02-2014
06:20 PM ET (US)
silvester-
I know you have a different disability status than I, but when my CA-1032 comes in, it comes in with a medical report but the instructions say to have filled out if you have not had a medical report sent in within the last 10 months. I did see my doctor so I did not bother with that. You should order a copy of your file to see if the doctor is actually sending in the reports. I had trouble with one of my doctors not sending in a report. Once they found out that they could get paid without sending it in every time they stopped...almost screwed up my case. Now I have them send me a report and I upload it into my file.
Edited 04-03-2014 01:23 AM
10462
Rick OwensPerson was signed in when posted
04-02-2014
05:10 PM ET (US)
silvester - Welcome to PEN's forums and thanks for your participation. May I please ask you to not use what some call curse words. Thanks for understanding.

Rick Owens
PEN
10461
Deleted by author 04-02-2014 01:44 PM
10460
silvesterPerson was signed in when posted
04-02-2014
01:01 PM ET (US)
I understand if my ortho wanted to release me, but they did it a horrible way. I have an appointment with an attorney on monday. never had to use one all of these years.
Edited 04-02-2014 09:36 PM
10459
silvesterPerson was signed in when posted
04-02-2014
12:59 PM ET (US)
Snowed, I checked with owcp and they have the other part of the paperwork I sent in. I am still in medical status. I do see pain management and they send in notes monthly. Am I going to be forced on disability? So you do not fill out the medical part?
Edited 04-02-2014 01:05 PM
10458
SnowedPerson was signed in when posted
04-02-2014
12:38 PM ET (US)
 I am sure you are worse off than me but I too was released by my surgeon and other treating doctor to pain management. None of the other doctors will fill out any forms for me either.
10457
SnowedPerson was signed in when posted
04-02-2014
12:35 PM ET (US)
It is the CA-1032 that is required. Your pain doctor sends in regular report and hopefully that is sufficient to avoid a SECOP.
10456
SnowedPerson was signed in when posted
04-02-2014
12:33 PM ET (US)
Upload it via Ecomp
10455
SnowedPerson was signed in when posted
04-02-2014
12:32 PM ET (US)
silvester-
You just have to return the rest of the packet, not the medical. This should restart your compensation. You might get sent for a SECOP but that is all.
10454
Deleted by topic administrator 04-02-2014 05:07 PM
10453
neicePerson was signed in when posted
04-02-2014
11:17 AM ET (US)
silvester - It will be easier if your doctor will write that letter transferring your care to another doctor.

You've gotta get on the phone & start calling ortho doctors. Also, there is a FEDDoctor website that I saw, that lists doctors who take owcp depending on where you live.

I've heard on this site that Dr. Ellis in Oklahoma is a great doctor. Maybe you could call them and see if they know of anyone.
10452
silvesterPerson was signed in when posted
04-02-2014
10:17 AM ET (US)
So OWCP will have my CE call me but said to put in writing that my ortho doesn't want to participate with owcp and I am going to find a new doctor. (yeah, like that is going to be easy after 6 back surgeries, with a failed back surgery syndrome diagnoses)Sigh....
10451
silvesterPerson was signed in when posted
04-02-2014
10:05 AM ET (US)
I'm on hold with owcp now to have my CE call me. I guess I'm not getting paid this week either, but thats my fault for waiting. I am SO disappointed with my ortho.
10450
silvesterPerson was signed in when posted
04-02-2014
10:03 AM ET (US)
I don't know anyone else who would take my case. The 'new' office staff are assholes and won't do anything for me.
10449
neicePerson was signed in when posted
04-02-2014
09:54 AM ET (US)
silvester - Do you know of another ortho doctor who takes owcp? You could ask your doctor to write a letter to owcp that he will no longer be your Attending Physician and that he is transferring your care to:_________________________. Make sure you get a copy of this letter and send the original to owcp.

Hopefully, you can find another owcp doctor.
10448
silvesterPerson was signed in when posted
04-02-2014
01:16 AM ET (US)
Sorry my post was huge..
10447
silvesterPerson was signed in when posted
04-02-2014
01:16 AM ET (US)
I need some help please. I wanna cry, but I cannot since I cried all of yesterday. In Jan, I got my packet for OWCP case. I took me a while to get in touch with my ortho, he is my primary. I wanted him to fill them out ofter a good exam cause I am in a lot of pain and the pain is in a different spot then normal.Since i didn't send the papers in within 30 days, they suspended my money part of my claim. I sent in the Social Security part, just not the docs. I got a call back from the docs office and basically the office manager asked of my complaints, which I already told the first girl I spoke with. OM, says, of well you are being treated with pain doc, go to him for exam. I told her I see pain doc monthly, but he has tried everything. I am on narcotics. I again told her about my pain, and she said in my pain guys last notes, it said I have 'increase in activity.' These are little boxes that the nurse checks when putting them in the computer. I told OM, I didn't have an increase, in fact I am in bed 75% of the day. She said I dunno, that's what it says. I asked what the difference was anyway? She then told me to find an ortho for my hip, my ortho doesn't do hip and I am having some pain. Okay, what about my back? Then she said they no longer accept OWCP. I said fine, go through insurance. She said they don't accept ins. Okay, I'll self pay, she said it doesn't work that way. I told her if the doc doesn't want to see me anymore, just come out and say so. She proceed to have more excuses. She told me I don't need to see my ortho cause I am with pain doc. I asked how can SHE sayt his, she says she is basing this off of what I am telling her, my symptoms! She is an office manager!! This went on back and forth for a good 10 minutes. I said, do I need to get a referral from my pain guy? It makes no sense. then the reason came out. She says, 'we don't do paperwork for anyone, that's our policy' Really? He's done them for over 10 years and said he would always see me to make sure the damage is not getting worse and to fill out the owcp stuff. She said, he said, he never said that. My husband was right there when he did, actually several times. He felt bad that my back is still screwed up.There was a lot more said but I'll spare you. The one line that pushed me over the edge was, 'we are in the business in helping patients get better' My blood pressure went to a million in a second. I said WHAT? Are you kidding me?? What am I? I've been under hi care for so many years and am still in chronic pain. I am having different pain and you say screw you? Screw me? Well, I hope you have to deal with ONE day of what I go through and someone tells you, screw you. And I hung up. Yes it was wrong, I yelled and hung up but I was in tears and SO hurt. So now, I have no one to fill out my papers. My pain guy told me in the beginning, he will NOT fill them out. The last time, which was 3 years ago, my rep at owcp said my ortho is my primary and he is to fill them out. What should I do? I am so upset over this. More so because the doc was more like our friend. I went through several surgeries, shots etc and my husband was under his care including surgery three times. he always shad how he felt bad about my life an he would be looking for a cure every year. Anyway, what do I do next? :( Thanks for any help.
10446
SnowedPerson was signed in when posted
03-31-2014
12:11 AM ET (US)
DFRANKIE-
You have a good chance if you have a permanent impairment and that can only be determined by your medical reports. Find a doctor who is familiar with impairments according to the AMA 6th edition....that is the tough part.
10445
DFRANKIEPerson was signed in when posted
03-27-2014
05:40 PM ET (US)
I just had surgery for a lateral realase of the right knee for a pattellar subluxation? Is there any merit of getting a scheduled award? I know i have to wait until i reach my MMI. Thanks for any help ? I was just wondering for down the line, if I should file for a award and if i had a good chance. I have been out of work from jan 20 to march 30th and went back light duty.
Edited 03-27-2014 05:41 PM
10444
SnowedPerson was signed in when posted
03-26-2014
02:23 AM ET (US)
ps...once I listened and understood my lawyer my claim was approved very quickly.(I originally filed a recurrence CA-2a)
10443
SnowedPerson was signed in when posted
03-26-2014
02:22 AM ET (US)
dekay1820-
Read and re-read the instructions on the CA-2a.....if you have an intervening event such as your new job it is a new injury. File a new claim. I wouldn't trust any info you get from your CE or the USPS. I had a lawyer early on in my claims who had to beat this into me for me to see it. Don't trust them, file.
10442
neicePerson was signed in when posted
03-25-2014
11:59 PM ET (US)
dekay - If your duties at your new job aggravated your pre-existing conditions, then it is a new injury.
10441
dekay1820Person was signed in when posted
03-25-2014
10:38 PM ET (US)
Question: If I have injuries as a carrier and I was reassigned to a different job at the call center and I was not at mmi for these injuries and my new job is aggravating a couple of them, is that a new case? I know it is not a recurrence, but it doesn't seem like a new injury either. This is what injury comp told me that they would ignore any new restrictions that I have that have changed since I got here. Hope that is clear. I called my ce but no reply yet
10440
on my way outPerson was signed in when posted
03-19-2014
10:55 PM ET (US)
Hi Snowed and all: Went to the wc doctor yesterday, and followed your advice snowed. I had the doctor make the corrections on the RIGHT side of the CA-17. That way, it can go in, and nothing my station manager can do about it. THX, as my Texas Nba injury comp "specialist" from my union STILL hasn't got back with me. What a waste of TIME, energy, and worry that was. Whew, Thx GOd that ya'll are here to help everyone. Thought you'd like to know, station manager that has been a vicious harasser not only with me, but 16 others at our station got chewed from one end to the other yesterday by the area manager. It seems that the class action abuse supervisor reports, along with all of our grievant class action suit hit the postmasters desk, and --it hit the fan. Tomorrow the Area manager is going to the station and interview all of the employees that wrote statements, except me, as I am not working. Told my husband I should go in tomorrow and request my CA-17's while they are doing the interviews. Husband didn't like that idea. I did. Anyways, we'll see what happens.
10439
SnowedPerson was signed in when posted
03-19-2014
07:40 PM ET (US)
neice- yes I did.
10438
neicePerson was signed in when posted
03-18-2014
11:41 PM ET (US)
Snowed: Oh wow - I never got one of them. But it looks like you beat them!!
10437
SnowedPerson was signed in when posted
03-18-2014
10:33 PM ET (US)
When I received my Notice of Proposed Termination from OWCP, a SECOP report was attached.
10436
neicePerson was signed in when posted
03-18-2014
10:21 PM ET (US)
Art - The secop doctor doesn't send you anything. You only will get your secop opinion if you request it in writing from owcp. Owcp never willingly sent me anything. I always had to request it in writing.

Sometimes the secop opinion reports take a while to receive. But, as soon after your secop appt, you should write a letter to owcp requesting your secop opinion report.
10435
SnowedPerson was signed in when posted
03-18-2014
09:51 PM ET (US)
Art-
You can check ACS and when the SECOP doctor bills ACS then OWCP has the report. You can then request a copy or just request a copy of your file. I have heard of OWCP sending the claimant the SECOP report and asking that they take it to their doctor and I have heard or others sending directly to the doctor. What can happen behind your back is that somehow OWCP discredits your doctor and then accepts the SECOP report as credible giving the full weight to the SECOP(happened to me)...if that happens it will be good if you already have a copy of your file coming your way so you know how to battle. Most cases after the claimants doctor rebuts the SECOP, the CE declares a "tie" and an IME is ordered. This 3rd doctor's opinion often rules.

If you get a job offer then you do not have to respond. It will be sent by agency to OWCP for a suitability determination. If OWCP decides the job offer is suitable you will have 30 days to accept job offer or tell them why you cannot accept(with medical rationale). If OWCP still finds job suitable, you will be give another 14 days to accept job or compensation will be terminated.
10434
Art VandalayPerson was signed in when posted
03-18-2014
09:31 PM ET (US)
Few more questions. I am wondering about time frames, seems like when something is required by owcp it is usually a 30 day time period. So, once I go to the secop Dr. how long before he has to get his findings to OWCP? Then what happens, will owcp send me something stating my Dr. can submit a rebuttal? Will that be another 30 days possibly? Then say, I am ready for limited duty in a month or two. My office has to provide me with a job description/offer if anything is available and do I have a time limit to accept? Reason I am asking is that I am considering retirement and thus looking at dates? Not sure if I want to return to all the BS as a carrier. Thanks for all the assistance.
Edited 03-18-2014 09:39 PM
10433
neicePerson was signed in when posted
03-18-2014
08:53 PM ET (US)
Snowed - I just remember reading something about owcp telling a claimant that having someone in the room was an obstruction, but it may have been an IME - I don't remember.
10432
SnowedPerson was signed in when posted
03-18-2014
08:45 PM ET (US)
neice-
If the doctor allows the person in the room, how can it be an obstruction?
10431
SnowedPerson was signed in when posted
03-18-2014
08:44 PM ET (US)
postalgirl36-
Still required with a schedule award...why?..Risky named several reasons.
Edited 03-18-2014 08:46 PM
10430
RIKSNYPerson was signed in when posted
03-18-2014
12:47 PM ET (US)
SUPPORTING STATEMENT

Request for Information on Earnings, Dual Benefits, Dependents and Third Party Settlement (CA-1032)
OMB No. 1215-0151

A. Justification.

1. The information requested on the CA-1032 is obtained from claimants receiving continuing compensation on the periodic disability roll. The form requests information on the claimant's earnings, dependents, third party settlements, and other Federal benefits received. The form is sent out each year to every claimant on the disability roll. This information is necessary because the Federal Employees' Compensation Act (FECA) states:

 - Compensation must be adjusted to reflect a claimant's earnings while in receipt of benefits (5 USC 8106).

 - Compensation is payable at the augmented rate of 75 percent only if the claimant has one or more dependents as defined by the FECA (5 USC 8110).

 - Compensation may not be paid concurrently with certain benefits from other Federal Agencies, such as the Office of Personnel Management, Social Security, and the Veterans Administration (5 USC 8116).

 - Compensation must be adjusted to reflect any settlement from a third party responsible for the injury for which the claimant is being paid compensation (5 USC 8132)

An individual convicted of any violation related to fraud in the application for, or receipt of, any compensation benefit, forfeits (as of the date of such conviction) any entitlement to such benefits, for any injury occurring on or before the date of conviction (5 USC 8148 (a)).

No Federal compensation benefit can be paid to any individual for any period during which such individual is incarcerated for any felony offense (5 USC 8148 (b)(1)).
10429
postalgirl36Person was signed in when posted
03-18-2014
12:21 PM ET (US)
Good morning, I have a question regarding Form CA-1032. I received this form yesterday and I'm wondering why. I'm separated from the PO. I have been on Disability Retirement since Sept. 2009. The only benefits I receive from OWCP is medical and schedule award payments. So just basically want to know why did I receive this form??
10428
neicePerson was signed in when posted
03-17-2014
10:42 PM ET (US)
Snowed - I read some where in my owcp readings, that having a witness in the room could be construed as an "obstruction".
10427
SnowedPerson was signed in when posted
03-17-2014
10:18 PM ET (US)
Art-
I would try to avoid injury as well. Try and document EVERYTHING. Take a witness with you. You may be able to get the witness in the exam room too. I wouldn't even ask, just have the witness try to walk in with you. If they try to stop you, say your doctor asked someone to take notes of the exam.
10426
SnowedPerson was signed in when posted
03-17-2014
10:12 PM ET (US)
on my way out-
Do not use a CA-17 with errors on it. Or if you do have the doctor take notice of the errors in his report and ask the doctor to write across the form, "Invalid as medical information in supervisor section is incorrect." and sign it. Your doctor can even refuse to fill out this form altogether and create his own medical restriction note. Then it is off your back. This is total BS. I was messed with with this form as well...I suspect the legal department is advising your supervisor in how to set your case up for a fall.
10425
on my way outPerson was signed in when posted
03-17-2014
09:35 PM ET (US)
Hi Snowed and all: Update from 10384. I called my NBA Injury Comp person for my region. He told me to fax the ca-17s and the hall pass to him. I already did this in January, but did so again. I put post it labels on there to show wrong spelling of my name on all 3. 1 didn't have any injury listed, one had the right one, and the last had added injuries to it. My contact at NBA told me they were setting me up and harassing me. I told him "Really?, what gave it away? The part that I go thru heck to even get them, they don't have them ready on time, or the part where I have to take a hall pass back and forth, even though I am NOT working?? Duh. He promised to call me back last Thursday, the 13th. Never called. My steward had called me on Thursday and told me the area manager was to have a town hall meeting with him and others the day before (On Wednesday), didn't happen because the area manager told him he wasn't aware about all the problems coming from the abusive supervisor and manager abusive incident class action grievance. But to give him a couple of days, and he would get to the bottom of all of it. I called the NBA injury comp rep to give him one more chance. Last Friday and he told me he talked to Labor at main facility, (I had already done so, and told him this.) He told me yea, he told me you called. I told him AND? NBA guy told me nothing yet, but he's working(?) on it. Bottom line I made a promise to NBA injury comp. I will never call him again, I am going to take the screwed up CA-17's to doctor appointments this week, have them fill out the hall passes, return them, and do exactly what they tell me to do. He was like, now don't be that way. I told him what choice do I really have? I have practically begged everyone in the union to help me, and gotten NOWHERE, so in order to protect my job, I will do what I am told. I called the steward from the station where our station manager got transferred from on Wednesday. They had won a art decision against him, and they had filed over 20 EEOS, and went to 4 different congressmen. They finally sent everything to Jo Ann Fendt, our region vice president, and she immediately had him transferred. This steward told me he would send me the art decision and Ms. Fendts address, I reminded him very nicely a couple of more times, but never got it, I did send off an EEO on Saturday for all of this crap. Don't know what else to do. Anyways, gave up on ALL Union people. Big mouths, no action, and worthless. The only reason I stay in is due to my NALC insurance. You have asked me before, where is my union in all of this?? I would Love to know. Anyways, take care. For future CA-17's and "hall passes", I am going to request them a week early for Monday pick up, call Tuesday morning and see if they are ready to be picked up. Never going in until I have total confirmation ever again. I'm sorry, I'm tired. Thx to all of you for listening and any and all advice you have given, do give, and will continue to give.
10424
Art VandalayPerson was signed in when posted
03-17-2014
09:12 PM ET (US)
I requested my entire file today, in writing, and I will make sure my phone is fully charged to record. I am pretty assertive so I will advise the Dr. of my limitations within the boot and will not put myself at risk for further injury. If he insists am I actually required to do something that may cause further damage? I don't mind asking for ambulance if necessary but I'd rather avoid that if possible. I would prefer to go back to Dr. or at least their ER. Thanks for all the advice!
Edited 03-17-2014 09:13 PM
10423
neicePerson was signed in when posted
03-17-2014
08:54 PM ET (US)
Art - Okay, so put your request in to owcp for a copy of your owcp file, your SOAF which will be sent to secop, the questions that they are going to send to the secop and don't forget to buy a cassette recorder & cassettes.

Since he is a known hack owcp doctor, I hope he does make you walk without your boot, so then you can tell him to call the ambulance if you get hurt.
10422
Art VandalayPerson was signed in when posted
03-17-2014
07:54 PM ET (US)
I did some research on the secop Dr. Apparently he is a hack and the clinic has had many difficulties with him, arnt I lucky. My surgeon's secretary advised my surgeon will have no problem writing rebuttal if needed. I asked my CE why I was being sent to a secop at this stage of game, still in boot post surgery from Oct. 2013. CE said she sent my surgeon paperwork requesting narrative at where I was at etc and if I could go back to work in some capacity etc. CE said she never received response. I spoke with surgeons office and they advised they never received anything. They are very busy and I have been on them for a month to request additional time for PT so I am wondering if maybe they did receive. But you would think the CE would call and ask or resend. So now I have to deal with a known secop doc who is a hack and I'm sure an OWCP manipulative.
10421
SnowedPerson was signed in when posted
03-16-2014
08:22 PM ET (US)
kcourtney-
Seriously look at FECA 2-0802....the rules are complicated. NEVER believe what the USPS has to say in regard to injury compensation. http://www.dol.gov/owcp/dfec/regs/complian...CFolio/FECA-PT2.pdf
Edited 03-16-2014 09:14 PM
10420
SnowedPerson was signed in when posted
03-16-2014
08:14 PM ET (US)
SECOPS are not immune from lawsuits, especially if they make you do something that is an obvious hazard to your health.
10419
Deleted by author 03-16-2014 08:17 PM
10418
neicePerson was signed in when posted
03-16-2014
07:16 PM ET (US)
Kimmiek - This is the case I saw, which doesn't give Dr. Gaar immunity. I never could find the decision where Quirk wasn't allowed to sue Dr. Gaar for medical malpractice.
10417
KIMMIEKPerson was signed in when posted
03-16-2014
04:11 PM ET (US)
http://www.plainsite.org/dockets/index.html?id=1263787

This is another page on that DR GAAR
10416
RIKSNYPerson was signed in when posted
03-16-2014
04:05 PM ET (US)
That's what it means to be a contractor rather than an employee. Her auto isurance or the other driver's insurance should cover her.
10415
kourtneyPerson was signed in when posted
03-16-2014
02:53 PM ET (US)
Contract Delivery supplier was delivering mail and was at the mailboxes delivering the mail. She was hit head on by another vehicle that crossed the center line while she was stationary. The Post office said there is no workers comp she could file for. She is still in a wheel chair after spending 2 months in the hospital.
Is this true? I did read on some of the new contracts but do not know if any of that applies. Is there anything she could do?
thank you.
10414
neicePerson was signed in when posted
03-16-2014
10:34 AM ET (US)
Kimmmiek - Thanks. That doesn't come up. I will try to search it.

Well, then, all the reason more to call for an ambulance if you get hurt at secop appt, if secop doctor tells you to do something you can't do.
10413
KIMMIEKPerson was signed in when posted
03-16-2014
12:16 AM ET (US)
AFFIRMED.

http://caselaw.findlaw.com/us-5th-circuit/1392465.html

The majority rejects Dr. Gaar's claim of immunity because at the time that Dr. Gaar gave his opinions, he was “unaware that his opinions would be used in an adjudicatory proceeding” and because “no such proceeding was pending, scheduled, or even contemplated.”   See ante at 976. In denying his claim for witness immunity, the majority incorrectly focuses on what Dr. Gaar thought at the time that he rendered his opinions.   Dr. Gaar's mental state at that time and his corresponding medical opinion had no legal effect until Gray and the Department of Labor (“DOL”) used his medical opinion (i.e., Gray terminated Quirk's benefits and the DOL rejected Quirk's claim to further workers' compensation).   It was this use of Dr. Gaar's opinion that provided the basis for Quirk's medical malpractice claim.   Because the use of Dr. Gaar's medical opinion occurred in “an adjudication within a federal administrative agency,” 1 he is entitled to immunity for his medical opinion.   Accordingly, I respectfully dissent.
Edited 03-16-2014 12:20 AM
10412
neicePerson was signed in when posted
03-15-2014
10:03 PM ET (US)
Art - Also - not to be a wise ass and not to encourage you to be a wise ass, but if you get the feeling that your secop is a hack and is not checking you and talking to you like you think he should be, you may want to casually mention what you know about secop's not getting immunity when claimants getting further hurt by secop's giving negligent opinions. Here is some info for you to research:

Quirk vs. Mustang Engineering (Dr. Gaar(secop) tried to get immunity from being sued against for his secop opinion, but he was not given immunity. I don't know how the suit ended, but I believe I read it previously that Quirk got to file his medical malpractice suit against Dr. Gaar.
10411
Art VandalayPerson was signed in when posted
03-15-2014
04:09 PM ET (US)
Thanks. I will take your advice!
10410
SnowedPerson was signed in when posted
03-15-2014
03:05 PM ET (US)
Art-
And then you sue the SECOP for medical malpractice.
10409
neicePerson was signed in when posted
03-15-2014
02:37 PM ET (US)
Art - First off, when you go to the secop appt, kindly ask the secop dr if you could record the medical exam. He should say yes. If he says no, then beware. But hopefully, he says yes, then make sure your cassette recorder and cassette are ready so you can just hit the record button.

Second, if the secop has you do something that hurts you, like walk without the boot, then I would demand that he call an ambulance for you to be seen at the ER. That way you get everything on record and there is a paper trail. I know this sounds extreme, but to attribute this new injury to owcp & to this secop doctor, this is what you have to do.

I'm not trying to scare you, but I think you should always be defensive.
10408
Art VandalayPerson was signed in when posted
03-15-2014
01:58 PM ET (US)
Another question. My Dr. still has me in a boot. What if this secop Dr wants me to try and walk without the boot, while my Dr./PT does not as yet? I had a little set back about a month ago and my Dr told me no PT for a couple weeks. During this time my authorization for PT expired date wise. I still have not received authorization to resume and it could be the clinic dragging their feet because OWCP so hard to deal with.
10407
neicePerson was signed in when posted
03-15-2014
08:34 AM ET (US)
Art - Your doctor would have to write a rebuttal if their doctor wrote a bunch of lies. Also, if there's a medical test (mri, catscan, etc) that could be done to prove you're still injured that should be done too by your doctor & your doctor would have to write a report explaining your injuries are still present, etc.

I do not know why the ce would bring up scheduled award this early, could be a trick.
10406
Art VandalayPerson was signed in when posted
03-15-2014
07:29 AM ET (US)
Thanks niece. I went to the ecab website and couldn't find anything concerning any doctors? Any idea why they would bring up scheduled award before I even mentioned it as yet or at this stage of game? What if the Dr does turn out to be a hack, is there a recourse?
10405
SnowedPerson was signed in when posted
03-15-2014
12:57 AM ET (US)
Take a peek at the latest posts about congressional postal reform on the NRP forum....we need your action!
10404
neicePerson was signed in when posted
03-14-2014
10:19 PM ET (US)
Art - SOAF stands for Statement of Accepted Facts. Make sure everything is accurate about you, your job, your injury, etc. Make sure the questions are not leading questions. You can tell if it's a leading question if it has hints in it as to how it should be answered.

They may be sending you to one of their hack doctors who will lie about you. You should research the doctor on the ECAB website to see his history.
10403
Art VandalayPerson was signed in when posted
03-14-2014
06:49 PM ET (US)
I received a letter today from my CE. They are sending me to another orth. surgeon. CE said its to determine whether I have sustained a permanent impairment due to my work injury and that this evaluation will help determine whether I am eligible for a scheduled award. I have not requested a schedule award eval as yet, I am no where near MMI, only been 8 months since injury and 5 months since operation. What do you think is going on? What should my next move be, request questions owcp will be asking doctor to get and what is SOAF? thx
10402
SnowedPerson was signed in when posted
03-13-2014
11:46 AM ET (US)
sandycee-
I doubt that is what is happening although there are some CE's who seem to think that all claimants are liars, that is not the majority. If you feel you were treated unfairly, write to the District Director. OWCP is supposed to be non adversarial. We need to try to stop these rouge CE's in their tracks. I have had some bad CE's but I killed them with kindness for the most part. I do believe in documenting your file when you have a bad encounter such as you had. Just document it with a smatter of kindness.
10401
SnowedPerson was signed in when posted
03-13-2014
11:35 AM ET (US)
KIMMIEK-
Call the phone number on the summons and tell them you are disabled. You can't sit for jury duty.
10400
KIMMIEKPerson was signed in when posted
03-13-2014
07:39 AM ET (US)
Hi Gang-- Blessings to all of you-- Snowed I have a question about being on the periodic rolls with an injury that has incapacitated and a Jury Duty questionnaire that just came in the mail. Being incapacitated and waiting surgery approval for the past few YEARS-- now comes jury duty--- how do I get out of it and what if I cannot and how does this affect my OWCP compensation?
10399
sandyceePerson was signed in when posted
03-12-2014
11:27 PM ET (US)
I have been a carrier for 32 years and just filed a claim for my shoulder. I went to the doctor and I have a torn rotater cuff. My claim was accepted in 30 days. Today a week later I received a letter stating that I wasn't accepted. I called the claims office and the agent just about called me a liar about my letter of acceptance. I asked him if I should have filled out a CA-1 or a CA-2 and his response was "you have filed ten claims in our office you should know how to do it by now." The moral of the story is. I may have filed ten claims but I have only received compensation for one, in which I had surgery on the elbow for cubitaltunnel. I have had surgery on both of my hands for carpal tunnel, neuroma on my feet and I even broke my ankle while on my route. It was such a hassle and bs in our office that I decided to take care of it on my own and didn't go work comp. Now that I have filed this recent claim and I have exhausted all of my leave because of my previous surgeries I did on my own. Please when you are injured stick to your guns and go work comp.

Under OWCP regulations you must receive written notification that they plan to controvert your claim. Your friend the Work Comp. office usually does this only after they have sent the claim off to the DOL. By the time you get the notification the DOL is already judging your claim. Without being able to refute what they contend Work Comp. may get your claim denied before you ever had a chance to contest their claims. And then the process of reconsideration begins and more paper work starts. Many carriers then usually give up because of the long drawn out process. Guess what? This is exactly what your friend work Comp. wants! You drop the process, they don’t have to pay out, you pay your deductibles, use your insurance, and your own earned leave. The Work Comp. office wins and they high five each other while the carrier suffers!
Edited 03-12-2014 11:28 PM
10398
SnowedPerson was signed in when posted
03-11-2014
07:21 PM ET (US)
donk-
You will not lose your health benefits if you are collecting enough OWCP to pay the premium. Plus you can apply for Disability retirement which would retain your health benefits as well. Even if you are rehabbed by OWCP for another job, this will not automatically remove you from USPS rolls.
10397
SnowedPerson was signed in when posted
03-11-2014
07:16 PM ET (US)
bobby baker-
If you begin collecting there will be an offset to one or the other.
10396
SnowedPerson was signed in when posted
03-11-2014
07:15 PM ET (US)
RCsurfer-
I wouldn't bother but if you do have medical restrictions for the knees, I would send that.
10395
donkPerson was signed in when posted
03-11-2014
03:44 PM ET (US)
I have been off work since Feb 2012. I have an elbow issue that I am still dealing with, could work with the PO, but they have not found anything in my work limitation. Now they have me in a vocational rehab program which just means I have to find outside the Post Office. The way I understand it owcp will pay me the difference from what I make to what I was making in the Post Office. But I will lose my health insurance even if I do not get a job that has health insurance. Do I keep getting credit added for years of service with the post office for retirement purposes. I am 62 with 20 years but would like to keep working if I could but am not sure what benefits I retain with the Post office. Any way to get in to the PO. District Office is only 20 minutes away strange they can not fing anything for me.
10394
bobby bakerPerson was signed in when posted
03-10-2014
11:06 PM ET (US)
What happens. When you are old enough for soc sec. But still are on wc
10393
RCSurferPerson was signed in when posted
03-10-2014
04:45 PM ET (US)
apologies for the cross post.

My knee has given out and I will need to have at least one knee replacement relatively soon (hoping the doc will do both at the same time). I do not have an approved claim on my knees.

I am on the PR, and have been out since 2/2012 with an approved back injury claim. My question: Do I need to inform my CE that I will be having knee surgery and put out of commission for a good chunk of time? I have been released from the PO as of Jan 2014 (when my Med retirement was approved; I just got my paperwork asking for my choice to remain on OWCP or take DR).

Any one have an experience with this? Don't know if it will cause issues with my current approved claim.
10392
lawnladyPerson was signed in when posted
03-08-2014
08:55 PM ET (US)
Ok, thanks Snowed.
10391
SnowedPerson was signed in when posted
03-08-2014
08:50 PM ET (US)
lawnlady-
I am not sure. I would check on the EEO forum. There should be some penalty for leaving your medical restrictions in the open. I have never heard of medical restrictions being handed over to the union without your approval.
10390
Deleted by author 03-09-2014 12:39 PM
10389
SnowedPerson was signed in when posted
03-07-2014
10:42 PM ET (US)
your HRM department fills it out
10388
owcp?Person was signed in when posted
03-07-2014
09:16 PM ET (US)
Does your supervisor fill out the 2nd page of a CA7 or do you send it to owcp for them to fill out?
10387
SnowedPerson was signed in when posted
03-05-2014
09:26 PM ET (US)
Carpal tunnel can often lead to total disability, so I wouldn't take a chance on this one unless you can afford to live on minimal income.
10386
SnowedPerson was signed in when posted
03-05-2014
09:25 PM ET (US)
poorfamily-
I would file the CA-2. All you have to prove is that your job contributed in some way to the diagnosis of carpal tunnel syndrome. Even if the cause is only 1% it is still compensable. My guess that if the doctor had to put a percentage of what caused it though I would say being a city letter carrier caused it at least 75%. If your doctor says your job caused it, it would be insurance fraud to lie to the insurance company.
10385
SnowedPerson was signed in when posted
03-05-2014
09:18 PM ET (US)
on my way out-
Where is your union in all this this is BS. Are other injured workers required to do this? There is discrimination written all over this. I would call and speak with the Union Comp expert at the national level.
10384
on my way outPerson was signed in when posted
03-05-2014
04:36 PM ET (US)
Hi Snowed: I laughed when I saw "ring dates", because they just seem to want to keep going in circles. Got to station at 9:35, as that was AFTER time I requested. Sure enough, they weren't ready. They knew I had appointment at 10:00. They not only spelled my name wrong, they hand printed all 3 different cases while I waited, made sure to mark through bottom left and put for postal service only, made copies of them, then gave me those, along with 3 ignorant and stupid hall passes. Oh, this time, they DID NOT round date them. Got to case manager appointment late due to them. She couldn't believe it. She stated their added stress they continue to place on me is definitely stalling my rehabilitation. Wish I could do an immediate cease and desist. She suggested for me to have my husband go and pick up the paperwork, but I don't know if he can or not. Whatchathink??
10383
poorfamilyPerson was signed in when posted
03-05-2014
07:00 AM ET (US)
First time poster, I usually hang out over at the City Carrier forum. But I'm seeking advice. I have 20 years in with a clean SL record, hardly ever calling in sick. Looks like I'll be having carpal tunnel release surgery on both wrists in the next couple of months. Sup asked if I wanted a CA-2. I don't mind using SL straight up and I'm not so sure I can pin the CT on work (I've been a drummer all my life as well and active around the house). Seems like a lot of hassle for what will (probably) be a straight forward procedure. What would be your advice?
10382
SnowedPerson was signed in when posted
03-04-2014
11:23 PM ET (US)
on my way out-

first I am now very leery of the ring dates...forms are usually ring dated when received back to agency...that is too weird. I would continue to fax them to HRM.

I would file the EEO.
10381
on my way outPerson was signed in when posted
03-04-2014
10:25 PM ET (US)
Snowed: You are a priceless jewel for all of us. You know what the station manager has been doing to me, question I have, do you think I should file an EEO against him?? I already have 2 against another supervisor. My steward has filed a class action suit against him. I only have a few more days for the 45 day deadline. My daughter last night begged me not to, because she said I will never change a thing at the post office. I hate to admit, but she's right. Whatcha think??
10380
on my way outPerson was signed in when posted
03-04-2014
10:17 PM ET (US)
Hi everybody: Called my station manager yesterday to ask him to get my 3 CA-17's ready on 3-5 between 9 an 9:30. Told him I was meeting with OWCP nurse tomorrow at 10:00 so why not, right. He wanted to know which one I needed, I told him all 3. He told me thats not what I asked. Told him I needed all of them for my appts in the next week or two. He told that I was not ALLOWED to send them back with a fellow employee or my steward, that they were my responsibility. I told him I usually did fax them in. He got madder, and told me for each appt, I had to take them in individually. Told him I had spoke to injury comp, and they told me I could fax them in, he slammed phone in my ear. I actually laughed afterwards. They make me go in and get each CA 17 with the Round Date on it. Injury comp said they could be faxed to them, as long as they get a round date on them. Guess what, I'm faxing them straight to injury comp from now on. whatcha think??
10379
InjuredPerson was signed in when posted
03-03-2014
09:20 PM ET (US)
Niece, Thanks
10378
InjuredPerson was signed in when posted
03-03-2014
09:20 PM ET (US)
Snowed...OK, Thanks
10377
SnowedPerson was signed in when posted
03-03-2014
06:07 PM ET (US)
Injured-
The only thing you are obligated to give HRM is medical restrictions. This would be the CA-17 or the OWCP 5c...everything else send to OWCP direct.
10376
RCSurferPerson was signed in when posted
03-03-2014
02:48 PM ET (US)
Got my election letter from OPM re stay on FECA (OWCP payments) or switch to FERS Disability Retirement. I currently am also approved for SSDI and receive a small amount monthly as it is reduced for FECA.

From reading I know that most people choose FECA as it is more than what you would receive from FECA (and is true in my case as well); but how about those who also receive SSDI, that would increase if I dropped FECA and choose to take FERS Disability Retirement - my question from those who have - does it end up being about the same as you were receiving on FECA? I know the first year you receive 60% FERS and then the following 40% of your high three - does SSDI adjust again? How timely are the SSDI adjustments?

Just curious as to what others have experienced; and wondering how much $$$ cushion I would need saved for the transition period if I switch off of FECA and go FERS & SSDI.

Thank you.
10375
neicePerson was signed in when posted
03-03-2014
01:41 PM ET (US)
injured - You need to give it to HRM. They normally request it once/year. Some years they forget.
10374
InjuredPerson was signed in when posted
03-03-2014
01:19 PM ET (US)
got a request for updated medical from HRM, are they not suppose to go to OwCP for this info or am I obligated to give it to them
10373
Deleted by author 03-05-2014 07:41 PM
10372
neicePerson was signed in when posted
03-01-2014
09:25 PM ET (US)
backrack - You need to request the SOAF from owcp for the secop they're sending you to. You need to request the questions from owcp that they will be asking the secop doctor.

You should look up the secop doctor they are sending you to, to make sure it's not a hack doctor who is going to lie about you. Look on the ECAB website for the doctor's name.

Their goal is to get you back to doing any kind of work, so they are probably wanting to see if the surgery helped you enough to get you to do some kind of work.
10371
Art VandalayPerson was signed in when posted
03-01-2014
06:38 PM ET (US)
10368 Neice No, it is strictly a case by case determination for long term health conditions by HR services. And accordingly, they can change their minds at some point and send out paperwork for recertification.
10370
backrackPerson was signed in when posted
03-01-2014
06:03 PM ET (US)
Have you ever got sick and tired of being sick and tired of being sick and tired and feeling like just giving up the fight? That is where I am. Thanks for letting me vent.
10369
backrackPerson was signed in when posted
03-01-2014
05:52 PM ET (US)
Got a letter saying that it was not medical feasible for me to continue in vocational rehab two weeks ago and today I get a letter sending me to another second opinion dr. What in the world? I just had cervical surgery in July. That is what this claim if for. What is your thoughts on this? I think I need someone to tell me what to do.
10368
neicePerson was signed in when posted
03-01-2014
03:49 PM ET (US)
Art - I use the union's FMLA form, that may be the difference. I really don't know.
10367
Art VandalayPerson was signed in when posted
03-01-2014
12:29 PM ET (US)
neice Many have to re-certify yearly.
10366
neicePerson was signed in when posted
02-28-2014
11:52 AM ET (US)
rivkah - That's weird you need to recertify every year. You shouldn't have to.
10365
rivkahPerson was signed in when posted
02-28-2014
10:51 AM ET (US)
I am being required to recertify yrly for a lifelong fmla. Every yr in Jan. Because Im restricted to 30 hrs a wk if I use much leave I don't have the 1250 hrs and don't qualify.
10364
LynnfromscPerson was signed in when posted
02-28-2014
04:02 AM ET (US)
Thanks
10363
SnowedPerson was signed in when posted
02-27-2014
09:46 PM ET (US)
Lynnfromsc-
You can make a Privacy Act request from HRM and also from OWCP for a copy of your entire case file which will contain the CA-1. HRM is likely the quickest way. Make the request by letter and send it certified mail
10362
LynnfromscPerson was signed in when posted
02-27-2014
03:38 PM ET (US)
Can someone tell me how to get a copy of my Ca-1 ? I misplaced the copy I was given.
10361
Art VandalayPerson was signed in when posted
02-26-2014
10:52 AM ET (US)
KIMMIEK ok, let me be more clear. First and foremost I am not suggesting you take off everyday of the year. I am saying if you have a chronic condition and take off several times a month due to same you are protected from discipline, I am aware of the 1250 hrs rule. Last year my condition was deemed lifelong (which they never used to accept) and I was advised I would not have to re-certify yearly. Finally a common sense decision. I have been using FMLA for 8 straight years, my call offs are protected and I only work 40 hours per week, not one minute over no matter how hard they push or beg. So forever was a poor choice of words, should have said permanent at least at this point and time.
10360
neicePerson was signed in when posted
02-26-2014
09:39 AM ET (US)
Can I clarify the FMLA maze. You always have to work at 1250 hours one year prior to using your FMLA. If you have a serious life medical condition you will get a permanent FMLA ticket number and do not have to keep re-applying, but if you don't work at least 1250 hours one year prior to using your FMLA, your SOL.

I know, because I have a qualifying FMLA permanent ticket number for serious life condition, but because I do not work 1250 hours per year, I can't even use my FMLA.

I personally think if your job made your serious life condition worse, through no fault of your own, then there should be a change to this FMLA rule. Your job did it to you and that's the only reason you can't work 1250 hours per year - It's not your fault, it's your job's fault. It doesn't seem right.
10359
pivotman2010Person was signed in when posted
02-26-2014
09:09 AM ET (US)
Kimmiek-

You have been at this for a long long time. I can remember many many discussions we have had on this thread. I am retired but I have been watching over the years and you do a great job helping on this forum.

It still never ceases to amaze me that such topics as basic as FMLA can become so……well, confusing, to say the least.
You think it would be as simple as-"This is what it says", but it rarely is.

Nothing changes
10358
KIMMIEKPerson was signed in when posted
02-26-2014
12:41 AM ET (US)
Not at the Post Office Art-- They only give you 3 months and that is it for the year-- if you do not come back-- and work another 1250 hours-- you do not qualify to renew FMLA. Who told you it was forever if you have a Serious Chronic Condition?
10357
Art VandalayPerson was signed in when posted
02-25-2014
08:34 PM ET (US)
checkchick When you have a serious chronic condition and approved for FMLA it could be forever, I have had FMLA for the last 8 years, there is no 12 week limit. I believe you are thinking about FMLA for a family member.
10356
checkchickPerson was signed in when posted
02-25-2014
08:57 AM ET (US)
Art...good advice thank you..I am hesitant to use my 12 weeks of FMLA for this because my daughter is PG right now and who knows what the future will bring with that this year.I do realize it protects me from discipline. In our small office, sick leave discipline has never been an issue, with some carriers callin off once a month for various excuses but that don't mean that could change. I guess I'll have to give it some serious thought.
10355
Art VandalayPerson was signed in when posted
02-24-2014
06:03 PM ET (US)
Checkchick One other "perk" if you will with FMLA. Your Dr. can also restrict you to 40 hrs per week (8 hrs per day, 5 days a week). This not only can help your condition it can remove you from forced OT if you desire.
10354
Art VandalayPerson was signed in when posted
02-24-2014
05:47 PM ET (US)
checkchick FMLA protects you from discipline if you have to call off due to sickness or injury. Your Doctor must complete the forms. It could also help you in the future, say you wake up with a sore shoulder, you call off sick due to your FMLA condition, and management cannot, according to law, use it against you. There is a question on the form where your Dr. can say your condition could cause you to miss work intermittently and then approximate say 1-3 times per month, 1 to 2 days per episode. If you are using your sick leave then your insurance will be continued to being paid. If you are on OWCP's dime then you must pay your vision or dental if you have thru benefeds.
10353
checkchickPerson was signed in when posted
02-24-2014
11:51 AM ET (US)
lawnlady...neice..thanks for you input. At this point, my doc does not suggest surgery, thank god! All I have accrued in bills so far is just doc visits and pt. Owcp received my claim on 2/13 they assigned a claim# and I;m just waiting to hear anymore from them. I called NBA office today to see what they thought about if I should file FMLA for the SL I'm using and they said they wouldn't so....
10352
neicePerson was signed in when posted
02-24-2014
09:39 AM ET (US)
checkchick- Their reason for denying my claim at first was they needed better "medical rationale". My doctor had to write another letter citing case study.

My insurance paid for everything at first, then once they accepted the claim I had to go to the hospital and ask the hospital to print all the billing info for me, which I then sent to owcp and they reimbursed me back for all the co-pays I paid.

BCBS had owcp pay them back for everything they had paid.
10351
lawnladyPerson was signed in when posted
02-24-2014
08:55 AM ET (US)
checkchick - this is a very brief summary of my experience.

I was sent home NWA October 2012. OWCP has always paid my medical with the exception of my surgery. They denied my surgery request, twice, from two ortho surgeons. I went ahead and had my surgery using my insurance. After my insurance paid my bills, they billed OWCP, who then reimbursed the insurance.

I had Fed Blue Cross, I'm sure this has been the scenario for many claimants and BX knew exactly how to make them pay since they have had to do it so many times (NRP).

Getting paid while I was off is another story; still waiting! It's too complicated and very involved. I received unemployment until I had surgery. I'm still fighting for OWCP pay or grievance settlement.

My advice would be to go ahead and have surgery so you can get back to work. Waiting on OWCP and USPS to play their games is a waist of time and allows them to employ more stall tactics.

I am back to work as of October 2013.

Good luck!
10350
checkchickPerson was signed in when posted
02-24-2014
07:30 AM ET (US)
neice..2 years does not surprise me, what was the reason for denial? who pays doc bills during that time? will I have to pay bills then ask for reimbursement? I knew this wouldn't be a easy road when I decided to finally go to doctor for this condition. The doctor diagnosis was severe tendinitis/bursitis in my right shoulder to the point were it was freezing up.
10349
lawnladyPerson was signed in when posted
02-23-2014
10:51 PM ET (US)
Thanks Snowed!
10348
SnowedPerson was signed in when posted
02-23-2014
10:45 PM ET (US)
lawnlady-
NO
10347
lawnladyPerson was signed in when posted
02-23-2014
10:41 PM ET (US)
Does anyone know; do I have to supply my union with a copy of my restrictions?
10346
neicePerson was signed in when posted
02-23-2014
12:58 PM ET (US)
checkchick - Oh, ya! They denied my claim at first so I had to file an appeal. Finally after almost 2 long years they approved it! They don't like to accept occupational diseases.
10345
checkchickPerson was signed in when posted
02-23-2014
12:06 PM ET (US)
neice, do you remember how long it took your claim to be approved?
10344
neicePerson was signed in when posted
02-23-2014
11:08 AM ET (US)
checkchick - I can help with some of your questions. If you are using sick leave while you're out of work then your insurance should be getting paid by your sick leave.

It is good for you and the doctor to fill out the fmla paperwork. Just find out first if your union wants you to use their fmla paperwork.

I'm not sure about buying back the sick leave. When I was sick with my occ.disease I took a combo of sick leave and lwop. I took sick leave for just enough to cover my benefits so I didn't have to worry about them getting paid for. I don't remember how the post office was paid back when I requested my sick leave buy back.
10343
checkchickPerson was signed in when posted
02-23-2014
10:41 AM ET (US)
Sorry for so many questions, but when we buy back leave that we already have been paid for, do we pay the difference in what we would have been paid thru owcp and what we were paid sl? do we make monthly payments til paid in full or required to make lump some? Is it restored all at once or as we pay for it?
10342
checkchickPerson was signed in when posted
02-23-2014
10:27 AM ET (US)
I am hopeful of being back to full duty with-in a month and have enough SL to cover time off, I think owcp will approve this claim eventually, If by chance my claim is denied, can they come back and disapprove my SL I've used? What type of documents should I upload to my file? So far I have uploaded my docs referral orders for pt. Two Ca17s have been sent to owcp through mail. Any advice would be helpful. thank you
10341
checkchickPerson was signed in when posted
02-23-2014
10:14 AM ET (US)
I have been off work since feb 1st due to job injury, occupational disease, filed ca2, at this point all I have is case # and status of unreviewed. Doc has put me off work til mar 5th and ordered pt. I have been using SL, I am filling out ca7 to buy back this leave. Yesterday I received FMLA paper work, should I elect FMLA to cover this sl? Do I have to? also on the paperwork it states something about making arraignments to pay for my health ins, i don't understand what that is about. If and when my owcp claimed is approved and I buy back the SL, it gets converted to LWOP, how does that affect my ins? I know it affects my leave earned and my tsp but what about ins?
10340
neicePerson was signed in when posted
02-21-2014
09:01 AM ET (US)
silvester - The Reasonable Accommodation people should have such a list.

You should go thru your union first to check what jobs are residual, or check the apwu union, then write your letter to HR in your district and request a Reasonable Accommodation for the job. You may need attach medical evidence.
10339
silvesterPerson was signed in when posted
02-21-2014
02:15 AM ET (US)
Does anyone know if there is a 'list' or something with limited duty jobs? I was told by someone that a carrier he works with called NY or something and ended up with a LD job working on the computer somewhere else. The carrier was out a year with cancer, returned to light duty on his route, the sup harassed him to do more, tired of the sup's crap, he wanted and got out.
10338
John828Person was signed in when posted
02-19-2014
09:41 PM ET (US)
Snowed: I sent you new message via Federal Soup. Thanks.
10337
SnowedPerson was signed in when posted
02-19-2014
09:24 PM ET (US)
checkchick-
Yes you cannot log in thru that button. USPS cannot file claims via Ecomp. You can however, upload documents directly to your file via the upload button on the right.
10336
checkchickPerson was signed in when posted
02-19-2014
08:44 AM ET (US)
When I try to register at ecomp and fill in department of government I work for, i put USPS it gives me message that the department i selected does not do ecomp?? Am I doing something wrong?
10335
SnowedPerson was signed in when posted
02-15-2014
11:34 AM ET (US)
backrack- /m10316-
It sounds like they are closing your case but as far as permanent....that is not possible for me to answer. Good luck.
10334
SnowedPerson was signed in when posted
02-15-2014
11:31 AM ET (US)
backrack-
Also the rheumatologist needs to make sure your accepted diagnosis is included on the bill. Continuing treatment may depend on causality.
10333
neicePerson was signed in when posted
02-15-2014
09:43 AM ET (US)
backrack - If your attending physician for owcp sends you to another doctor for an appointment then owcp will pay for it. You would be wise to ask for a copy of your doctor's referral and send it to owcp.
10332
SnowedPerson was signed in when posted
02-14-2014
11:56 PM ET (US)
DutchGrl-
You will have to make sure you get your medical documentation to the USPS within 10 days. I would call OWCP every couple of days until they give you your claim number. When you have that, upload your medical via ecomp ASAP. This goes directly to your file. You may or may not experience game playing by HRM which can include delaying your claim by delaying your medical documentation they are supposed to forward directly to OWCP. Start reading on the OWCP/FECA process. Knowledge is power in this game. Do not expect the USPS to help you have a successful claim experience. You must do this yourself...though we are here to help.

With Ecomp you can upload medical and non medical directly to your file.. Just google "Ecomp" and you will see an upload button on the right....

You can go the the ACS billing web site to access your claim info. Get familiar with the site as you may have to access this often...this site links with CQS which tracks your compensation payments if you get to that point. Just Google "ACS OWCP"

Here is a good place to start reading:
http://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/CA-810.pdf

http://www.dol.gov/owcp/dfec/procedure-manual.htm
10331
backrackPerson was signed in when posted
02-14-2014
11:55 PM ET (US)
Maybe you or someone can help me with this question. My ortho Dr who treats my owcp approved claims is sending me to a rheumatologist. Does that mean that OWCP will pay the rheumatologist dr or will there be a fight to get this treatment?
10330
backrackPerson was signed in when posted
02-14-2014
11:47 PM ET (US)
Snowed, is that why you did not answer mine too? I always seem to have the craziest things happen on my cases.
10329
DutchGrlPerson was signed in when posted
02-14-2014
07:31 PM ET (US)
Just wondering if anyone can tell me what I can expect after being off for a few days with an on the job injury. I filled out the CA-1. Just wanting to know what happens next. Thanks!
10328
checkchickPerson was signed in when posted
02-14-2014
06:48 AM ET (US)
Thank you
10327
stretch19Person was signed in when posted
02-13-2014
04:30 PM ET (US)
Thanks Snowed.
10326
SnowedPerson was signed in when posted
02-13-2014
04:18 PM ET (US)
stretch19-
I can guess but I don't think you want that...sorry.
10325
SnowedPerson was signed in when posted
02-13-2014
04:17 PM ET (US)
checkchick-
For the leave buyback just submit the CA-7 for the time period and check leave buy back and the agency and OWCP will handle it. It takes time. OWCP will pay your health ins premiums when your CA-7 is approved. PT does not have to be pre approved if the therapist/facility agrees to wait for their money. They can get it approved post therapy after your claim is approved. Many places will not give therapy unless you have an approved claim.
10324
stretch19Person was signed in when posted
02-13-2014
02:08 PM ET (US)
Sorry I didn't get an answer for my question yesterday.
10323
checkchickPerson was signed in when posted
02-13-2014
10:57 AM ET (US)
I went to doc 1 week ago for shoulder pain, submitted CA2 on that day. I'm waiting for a case# and CE. I've been off work since 2/1, I've been using SL. Doc diagnosed as severe tendinitis/ bursitis due to repetitive motion of right arm/shoulder.And put me off work for 4 weeks and recommends PE. My question is... if and when this claim is approved, I will request to buy back my SL, the time I'm off will be converted to LWOP? How does that affect my FEHCP? It is being paid currently because I'm on SL but does it get paid when OWCP?
Also does OWCP have to approve any PE prior to me going? Thanks
10322
SnowedPerson was signed in when posted
02-12-2014
09:53 PM ET (US)
bobby baker-
when you collect social security based on age, OWCP will begin reducing your OWCP payments by the amount of SS attributed to your federal service. This generally happens at full retirement age but can be earlier if you are not collecting SSDI and take SS early at age 62..
10321
stretch19Person was signed in when posted
02-12-2014
01:24 PM ET (US)
Had an oral hearing a couple of months ago and wondered if anyone could tell me when I should hear back from them. Does the person conducting the hearing make the the final decision if you are right and entitled to more of a settlement?
10320
bobby bakerPerson was signed in when posted
02-12-2014
10:07 AM ET (US)
Hi snow. Hey if. Im eligble for. Social. Sec. Regular. When I'm 62. Do I give I my Work comp payments. ? Thanks
10319
InjuredPerson was signed in when posted
02-11-2014
05:22 AM ET (US)
Snowed...:-)
10318
SnowedPerson was signed in when posted
02-10-2014
04:15 PM ET (US)
DutchGrl-
Seek medical attention immediately and file a CA-1. If the doctor cannot see you within 48 hours, go to the emergency room first.
10317
DutchGrlPerson was signed in when posted
02-10-2014
03:57 PM ET (US)
I fell on some ice in our employee parking lot (which they refuse to treat) what do I do now. Thanks!
10316
backrackPerson was signed in when posted
02-10-2014
03:55 PM ET (US)
Just got a "Injured Worker's Rehabilitation OWCP 3 Status Report" form and it stated in the comments ....VR case is closed due to medical infeasibility per concurrence of the claims examiner. The case is closed code 5c. It is from the OWCP Rehabilitation Specialist to me and a copy to the VR counselor. Do you think that this means that my case is closed and will not reopen? I sure hope that it does. Seems almost to good to be true that is why I am asking. Thanks in advance for helping me.
10315
on my way outPerson was signed in when posted
02-06-2014
09:40 PM ET (US)
thx snowed: will go to therapy in 2 weeks,I pray, and ask them. thx again
10314
SnowedPerson was signed in when posted
02-06-2014
12:38 PM ET (US)
oops i see the bone spur and the arthritis is the work related part...sorry. You can just leave it alone and let your insurance pay for it if the doctors agrees. You can also ask that the conditions be added to your claim, then the doctor can bill OWCP for that part of the procedure which will likely need an authorization too. You can get authorization after the procedure by requesting it the same way as before a procedure.
10313
SnowedPerson was signed in when posted
02-06-2014
12:34 PM ET (US)
On my way out-
That is up to your doctor and the biller...the bone spur and the arthritis might be from work related injury too. The biller and the insurance companies have to figure it out.
10312
on my way outPerson was signed in when posted
02-05-2014
11:46 PM ET (US)
THX SNOWED FOR THE REMINDER. As usual, forgot the question. This time I can actually blame the hallucinogenic meds. Can I file for Owcp for half the surgery, as half the injury is due to the job? Should I apply for all of it to Owcp? Is bone spur and arthritis fileable under Owcp, even though surgery already done? Didn't know about them until actual surgery. So sorry for the screw up.
10311
SnowedPerson was signed in when posted
02-05-2014
11:09 PM ET (US)
on my way out-
Is there a question in there somewhere?
10310
SnowedPerson was signed in when posted
02-05-2014
11:00 PM ET (US)
KIMMIEK=
Nothing..just the date the form itself expires.
10309
on my way outPerson was signed in when posted
02-05-2014
10:58 PM ET (US)
Hi All: Refresher for Snowed, Niece, and all; I went out for right shoulder injury in April. Had major car wreck in October. Symptoms of left shoulder and c-5-c7 neck injuries. Owcp said neck not their problem anymore. Went to chiropractor for severe left leg and neck pain the week of 1-27 thru 1-31. Chiro said left leg pain from lumbar 4 and 5, which I have a claim on. Also, he said neck pain from owcp claim on neck as well. Thx to God I received great relief from all those pains and able to have surgery. Mri on left shoulder showed full muscle tear and partial rotator cuff tear.Went for my left shoulder surgery on monday, the 3rd. Surprise,surprise. Complete tear of rotator cuff and bicep completely torn off due to force of car wreck. Are you ready for this? Hugh bone spur developed from job, along with massive arthritis. Any and all suggestions would greatly and totally be appreciated. Keeping chin up, awesome support from husband, and doing exercises continuously, as I'm going for right shoulder surgery (approved owcp claim) the middle of April.
10308
KIMMIEKPerson was signed in when posted
02-05-2014
10:19 PM ET (US)
Hello Snow or Ed

I hope you can give me an idea of what this means-- On the 1032 it has an expiration date of 4-30-14 what does this expiration date mean? Thank you
10307
SnowedPerson was signed in when posted
02-05-2014
09:39 PM ET (US)
aaliftx-
Yes you have a right to review the job offer with your physician and if you are collecting OWCP, you have a right to have OWCP make a suitability determination on the proposed job offer.
10306
alieftxPerson was signed in when posted
02-05-2014
10:29 AM ET (US)
Snowed my question is do I have a right to take the job offer to my dr before I accept it?Thanks Again for your help
10305
SnowedPerson was signed in when posted
02-04-2014
10:13 PM ET (US)
Injured...you worry to much...don't think it means anything
10304
SnowedPerson was signed in when posted
02-04-2014
10:12 PM ET (US)
FYI to all. If you feel so bad and even think you might have a new claim go to the ER ASAP...the sooner the better...within 48 hours is best. This early documentation can be critical.
Edited 02-04-2014 10:12 PM
10303
SnowedPerson was signed in when posted
02-04-2014
10:10 PM ET (US)
Postalqueen-
Yes you can go back to your old doctor but you must explain that you are filing a new claim by OWCP rules. If it wasn't a new claim, then you would have to file a CA-2a notice of recurrence. Google that form and read the instructions. It says something like, if you have NEW exposure to work factors then you file a new claim. You can show these instructions to your doctor. Since you said Friday pushed you over the edge then you have new CA-1 for that day and you would be entitled to COP as well. You may even have a new diagnosis with this new claim. Also for the record, you generally do not need an approved claim to get treatment. You can go to the ER and get treatment pending a new claim.
10302
SnowedPerson was signed in when posted
02-04-2014
10:03 PM ET (US)
alieftx-
So what is your question?
10301
alieftxPerson was signed in when posted
02-04-2014
11:49 AM ET (US)
Hi Snowed you have helped me before on here, I was presented with a job offer after having been sent to the standby room for 5 months and told I had to accept or reject the job offer on the spot and that I didnt have the right to take job offer to my dr, the job offer was also in a different craft from my craft.
10300
PostalqueenPerson was signed in when posted
02-04-2014
12:17 AM ET (US)
Snowed-

My injury is the same as before--I have re-injured my back again from the work I have to do at my present job. It's been hurting for awhile and I've tried to treat it by resting at home and heating pads, but it's not working. This past Friday I had to do a lot of twisting and lifting and that has pushed it over the edge. Now I really need to see a doctor because I am in pain.
 
It says on the injury info forum that if I file a CA-2 I have to wait for my supervisor to get approval from the OWCP for treatment. So I guess I am better off filing a CA-1 because I cannot wait any longer to see a doctor.

Someone at work suggested that I call my case worker and ask them what I should do.

If I had a previous OWCP injury can I just go back to the doctors under my old OWCP case or do I have to file a new one?
10299
InjuredPerson was signed in when posted
02-03-2014
10:38 PM ET (US)
Snowed...Thanks, but I wounder why it changed 3 times in the span of a week???
10298
SnowedPerson was signed in when posted
02-03-2014
09:09 PM ET (US)
Injured-
It is supposed to be the a three alpha character notating the CE assigned to the case.
10297
SnowedPerson was signed in when posted
02-03-2014
09:00 PM ET (US)
Postalqueen-
A new claim...CA-1 if you can prove aggravation happened in one work day or CA-2 for occupational disease if it happened over time(more than one day).
10296
InjuredPerson was signed in when posted
02-03-2014
08:21 PM ET (US)
Does anyone know what the CEID code stand for in ACS??? a couple of weeks ago it was at N16, yesterday at N19 and today it is N20..I just submitted my yearly via Ecomp this morning. I just moved to this district in August and my paperwork has not been signed by a CE.

Thanks
10295
neicePerson was signed in when posted
02-03-2014
12:31 PM ET (US)
postalqueen - If you want a higher payrate than you had 2 year's ago, then you should put in a new claim.
10294
PostalqueenPerson was signed in when posted
02-03-2014
12:13 PM ET (US)
Two years ago, I went out on worker's comp for 3 months due to a back injury (herniated discs). I've been back at work since then on limited duty.

This past summer I had to take a new bid due to our mail leaving and doing this job has aggravated my back. I am almost back to square one and my back is killing me again. I cannot sleep at night and my leg aches all of the time.

My question is do I have to put in a new claim (CA-1)?

Or can I just go back to the doctor (orthopedic) I had under my original claim? Do I need any new forms to bring with me? Or can I just make an appointment with him? Do I need to notify the OWCP case manager that I need a new appointment?

Thanks for any help.
10293
checkchickPerson was signed in when posted
02-02-2014
02:57 PM ET (US)
Thank you Snowed
10292
SnowedPerson was signed in when posted
02-01-2014
07:13 PM ET (US)
Give the doctor a copy of the instructions on the CA-2 as it tells all the needed info a medical report needs. Also give the doctor a copy of your statement so he can link your injury to the job duties described by you. Make sure the statement includes the approximate number of repetitions of each action that aggravates the injury.
10291
SnowedPerson was signed in when posted
02-01-2014
07:10 PM ET (US)
I would take a CA-20 at this point and you can turn that in with your claim. Any additional medical can be sent via Ecomp to OWCP after you get your claim number. You really can't take a CA-17 until you inform management with a claim and they give you one with the left side filled in.
10290
SnowedPerson was signed in when posted
02-01-2014
07:07 PM ET (US)
checkchick-
Unless you state your injury happened in one day, I would file the CA-2 because you may delay your claim. You do not need to give anything to the supervisor until you get your medical report. I would write a statement of what you do at work that aggravates your injury/occ disease. A CA-1 is possible if you had to stop work during the course of one work day. Technically if your symptoms progress during the course of any one day then it can be a new injury each day that happens. There is a problem when the condition is obviously an occupational disease. OWCP might say it is a temporary aggravation of a pre=existing condition depending on your history and the claim may be short lived. An occupational disease claim basically states that the job caused the injury, not just the aggravation. I would wait to read your doctors report and let the medical speak for the type of claim that you file.
10289
retired1Person was signed in when posted
02-01-2014
01:16 PM ET (US)
Checkchick
I would advise you never to file a CA2.....you will be in for a ruff ride with OWCP and the PO trying to get through the mountain of paperwork involved for an occupational disease

File a CA1 and let OWCP make the call on the type of injury.
10288
checkchickPerson was signed in when posted
02-01-2014
12:47 PM ET (US)
Hi everyone. I need some basic info. over the coarse of a couple months I have developed pain in my right upper arm and shoulder. Due to pulling handbrake on LLV and pulling sliding door open/closed and numerous other functions performed with my right arm at work. Anyway, I decided the pain was more then I could any more stand and I made doc appt for this Tuesday. I have a CA2 for occupational disease. My questions are...what are my first steps? Do i submit the ca2 to supervisor before doc appt? what forms do I take to doc? ca20? and ca17? I'm a bit lost on the first basic steps of submitting a claim.
10287
brokenmailmanPerson was signed in when posted
01-30-2014
08:56 AM ET (US)
thanks snowed
10286
on my way outPerson was signed in when posted
01-29-2014
10:06 PM ET (US)
Hi all: Thx for all your responses. Yes, Snowed, my union sucks basically. I'm amazed, but do as told, as they are terrified of "failure to follow instructions." Sent the whole story to NBA for Texas area, along with the proof of 4 CA-17's that were all filled out by the same supervisor. Haven't heard a word, which doesn't surprise me. Station manager said That supervisor said I had falsified the CA-17, how could he, That supervisor was on Vacation. I don't need a CA-17 for pt, I have to have a hall pass. Since they didn't provide me with the 22 I had orally requested, along with the 8 faxes requiting them, I am Not turning one in. If they try to give me a letter of warning, so be it. My steward is filing a "class grievance", which I've never heard of, but there are 2 of us involved due to station manager harassment. I filed EEO in 2011, we had a settlement agreement signed December of 2011. She breached that on in September of 2012, and also I had to file not only the breach, but I had to file a new "retaliation one as well. My lawyer says we may be getting close to the end of this whole mess. I have 17 witness statements, and they have yet to investigate, so we'll see. I definitely keep up on CA-17's , as I don't want to give them any ammunition to come after me. NO body can believe that I have to go in to my office to get CA-17's, and get them round dated. I called our local injury comp, and she told me she had never heard of that. She did say that the station had to round date them before they were sent to them in injury comp, but had never heard of them giving it to the employee like that. All my claims have been approved, thx to God for that. Ready to file workers comp one for stress, as the EEO winning supervisor just won't let me go. Again, Thx for all your superb help.
10285
lawnladyPerson was signed in when posted
01-29-2014
09:12 AM ET (US)
on my way out - I have never heard of a "hall pass". The agency is jerking you around, big time! You're not alone; we've all been jerked around. Anything to confuse, delay and deny your claim.

I hate to see you get side tracked with EEO's. EEO is a great paper trail, and in my opinion, that's all.

Your union is very important right now. Call the NBA if your local is not helping you; at least get a grievance filed (if it's not too late). Not sure where you're from, but I have a name and number, if you want it, for an NBA official who is very helpful.

Your medical, CA-20's and CA-17's are so important; stay on top of it.

Snowed's advice and encouragement is priceless! Never give up!
10284
dekay1820Person was signed in when posted
01-29-2014
01:02 AM ET (US)
thank you snowed.
10283
SnowedPerson was signed in when posted
01-28-2014
11:35 PM ET (US)
Why do you need a CA-17 for PT?...that is only for a doctor.
10282
SnowedPerson was signed in when posted
01-28-2014
11:33 PM ET (US)
Your union gives horrible advice. If you go into work you should have to clock in. You have to do what you have to do....Good luck...I will try to find you ammunition.
10281
on my way outPerson was signed in when posted
01-28-2014
10:47 PM ET (US)
Hi Snowed: Update from CA-17 fiasco. Talked to union president, called National Nalc, and regional NBA workers comp wizard. They all agreed that I HAD to go in and get my CA-17's, and do the "hall passes". A hall pass is a supposed usps form, with NO form number on the bottom, but has their letterhead on top left. It states Santa Claus was here on 1-28-2020. He came in at 12:00, and departed at 4:00. Reasoning it says they need it to assure their employee gets paid correctly. Below it you are to put your name again, social security number, and date you signed it. I called stupervisor on Friday and told her I needed 3 CA-17's and over 20 hall passes for Monday by 9:00.She asked me why 3 and I told her I had 3 different cases. Then I also faxed her 2 requests and 2 to the station manager that afternoon. Saturday I did it again. Walked in at 8:38 and told her I was there for my paperwork. She told me I had to wait, as it was somewhere buried on her desk, and besides, I had told her 9:00. I sat across from her, called my therapy and told them I was going to be late, as they didn't have my paperwork ready. Within 5 minutes, she gets up and tells me she had to go and find a round dater. My station manager had been counting the route that was right in front of the desk, what a coincidence, but had disappeared. She comes back with them all round dated, along with the page 2 (instructions on how to fill out a CA 17. Asked for the hall passes, and she told me she didn't know anything about them. Then told me I had to go and ask Arnold about them. I walked towards the back door, saw Arnold sitting in his office looking at me, and I walked out the door. Enough is enough. He was at another station, where they held monthly pickets due to his abuse. They moved him to our station, which was a promotion for him, and gave us the headache. I didn't receive the hall passes, therefore, I am not turning them in. How can you turn them in, if you don't have them?? Also filing EEO #3 against both of them. I have 2 claims against stupervisor due to never getting CA-17's from her, and this is definitely going to open someones eyes. Will be seeing my lawyer soon on this one as well. Just got 18 inches of investigative files from Florida EEO Main post office Division. Looks like their going to be more work. New Motto, mess with me, I have plenty of envelopes to file EEO's. Thx for your help.
10280
SnowedPerson was signed in when posted
01-27-2014
11:05 PM ET (US)
Get ready to write a rebuttal. Pick apart the errors in the report one at a time and refute them. Then ask that the report be thrown out due to these errors. You may also what to write immediately to OWCP under the Freedom of Information Act and ask if there have been any complaints against this physician. Search the internet to make sure his licence is valid. You can also search ECAB to find out if this doctor has a history of bias.
Edited 01-27-2014 11:08 PM
10279
dekay1820Person was signed in when posted
01-27-2014
09:54 PM ET (US)
Wow, I got the referee dr report today and omg it is the biggest pack of lies I have ever seen. First he claimed he spent 45 min. with me. It was at most 15 min. He claimed he did lots of tests that he did not. He claimed he looked at reports that were basically non existent. I can't believe how much crap there was in there. Now what?
10278
SnowedPerson was signed in when posted
01-27-2014
09:51 PM ET (US)
brokenmailman-
Yes you can.
10277
brokenmailmanPerson was signed in when posted
01-27-2014
09:00 AM ET (US)
injured on the job back in 2000, owcp case closed in2002. can u still put in for a scheduled award......
10276
dekay1820Person was signed in when posted
01-24-2014
12:24 AM ET (US)
wow I am behind and need to read up on some of these messages. Well today after numerous calls and going up the proverbial ladder of command I finally spoke to the senior claims examiner. Told him I wanted the letter from the referree dr. the soap and the questions they asked of dr and evidence he was picked on rotational basis. Everything they are mailing tomorrow except the evidence because they claim the have an outside source that determines that. Sure. I also got them to extend my 30 days to 30 days from today. Told him to put it in writing. Got his name and wrote down everything he is giving me plus when he said he is mailing it. Yeah. I am so proud of my self. Now the next step...
10275
mailladypostladyPerson was signed in when posted
01-22-2014
12:59 PM ET (US)
will try and contact them, I can never get through that automated system though!!
10274
SnowedPerson was signed in when posted
01-22-2014
12:51 PM ET (US)
Not sure but fill us in about what happens. I would call your CE...
10273
mailladypostladyPerson was signed in when posted
01-22-2014
12:42 PM ET (US)
I'm confused! I received a letter from ACS prior authorization about my round trip reimbursement to Ellis Clinic. It doesn't flat out say denied. it says "The request for authorization for 01/01/14 to 01/01/14 has been reviewed and authorized and authorized as follows: A0080 NONINTEREST ESCORT IN NON ER 800 units. then it goes into detail about my responsibility about ICD CODES. On the ACS website portal, the reimbursement is listed as DENIED with a date that has not even come yet. It says that it wasn't pre-authorized? Anyone have any ideas about what maybe going on?
10272
SnowedPerson was signed in when posted
01-22-2014
10:12 AM ET (US)
on my way out-

I would stay out of the USPS until they offer you a suitable job....no hall passes(whatever they are)...no picking up CA-17's....A CA-17 on the left should not change so one copy should be good until the doctor makes changes in your restrictions. There is no good reason for a ring dated form unless you want proof you turned one in and in that case ring date both the one you turn in and a photocopy. Send a copy of EVERYTHING to OWCP directly. No more medical except the CA-17 needs to go to the USPS.
10271
on my way outPerson was signed in when posted
01-22-2014
08:47 AM ET (US)
not working, out on all 3 injuries. no owcp yet. filed 12-6-, as I was STUPID and used all my sick leave up first. Didn't want hassle for my allotments. Still screwed everything up anyway. Have got ZERO on paychecks since the end of October. Thx God for a little coming in to pay bills. Gotta pay others though.
10270
SnowedPerson was signed in when posted
01-22-2014
01:16 AM ET (US)
If there is no change then you do not have to have a doctor fill in new form..He/she can write, "No change from restrictions dated_____" on the form.
10269
SnowedPerson was signed in when posted
01-22-2014
01:13 AM ET (US)
on my way out-
Are you still working Limited duty?
10268
SnowedPerson was signed in when posted
01-22-2014
01:12 AM ET (US)
http://about.usps.com/manuals/elm/html/elmc5_033.htm

http://www.apwu.org/dept/ind-rel/usps_hbks...5%20(9.49%20mb).pdf

and
"CA-17, Duty Status Report
The CA-17 provides management and OWCP with an interim medical report
containing information as to the employee’s ability to return to any type of work.
Initially issued by the supervisor at the time of injury, subsequent issuances are
performed by either the ICCO or control point personnel. The employee is
responsible for having the attending physician complete the CA-17 at each visit
when there is a change in medical condition and for its prompt return to the ICCO
or control point."
10267
SnowedPerson was signed in when posted
01-22-2014
01:03 AM ET (US)
on my way out-
What are hall passes? Ask for an ELM citation on all of this. I think someone is yanking your chain....see I don't know everything.
10266
on my way outPerson was signed in when posted
01-21-2014
11:45 PM ET (US)
Snowed: He said it my responsibility, as it is my injury to go in and get them. What about hall passes?? What manual is he talking about??
10265
SnowedPerson was signed in when posted
01-21-2014
11:38 PM ET (US)
on my way out-
They are doing this intentionally..it is part of evil management games. I don't want to get into my story...but they did mess with my CA-17's too. If you are out injured, you DO NOT have to go in to pick up forms...if you do you can clock in. They should mail or fax you anytime they want a form filled out. You do not even have to let them know when your doctors appointments are. It is paper harassment....I would talk to folks over on the EEO forum.
10264
on my way outPerson was signed in when posted
01-21-2014
11:10 PM ET (US)
Snowed: I have been on this forum almost a year now, and YOU always have the right answer to everything. I know at times I'm like really?, but knowing how the post office works, it makes sense, because they don't have much of it. I am out now on 3 different injuries. I have a new (2012?) EEO and a Breached one (from 2011). They both partially have to do with CA-17's with stupervisor "BAD". I filed on her as she would continually delay to give me one, and at times I would even put this request on a 3971 in the remarks column, with BOLD LETTERS CA-17 NEEDED. Still didn't get one most of the time. On the bottom left corner, BAD would always rounddate my ca-17s, and those were the only ones I was allowed to use, which caused a heck of alot of grief when I couldn't get one from her. Of course she did so deliberately. All the others could get one out of their "file," she had for them, or just use one the doctor had. Doctor put me off duty in April, and Great supervisor really good about faxing them to me at my home, which I got the ones for this week in January last week. No problem til now. This morning while waiting at doctors office, station manager called me at 10:58 am, and said my ca-17 I had faxed over from yesterdays doctor visit no good. Said it had to be filled out on left side by Management only. He told me that the GREAT supervisor told him that he had never sent them to me, that they were FRAUD. Station manager stated that I or the doctor had NO right to fill it out. Also that roundate was outdated. I pulled the one out of my purse for this claim and realized I had picked up ones that were from November of 2013 by mistake, I aciddently had an extra copy, and had meant to throw those away. Told him to fax me new ones. One for yesterday, and another for today as I was there to see the doctor anyway, and didn't want to use the "wrong round dated" one. Told him that the doctor or I had NOT filled out the left side. Proceeded to tell me in the future I had to go to the station and get a CA-17 for each injury for each doctor visit, also that I had to get a "Hall Pass' filled out for each visit, and for when I go to therapy, 4-5 times per week, as well. Told him he had no right to accuse me of filling out Managements side of form, as I know not to do this, and won't. Asked if he was going to pay me for all my milage to go to the station for all these forms all the time. He told me they were my injuries and I was responsible. Told me I needed to read the M ?? book and I needed to know MY responsibilities, as they were MY injuries. I called back at 11:02, BAD super answered and put me on hold for over 10 minutes. Hung up and called back at 11:16, told him I needed the CA-17, as doctor wouldn't see me without it. Told me he would fax it. It got faxed over at 12:24!!!! I had left for lunch as I knew what he was going to do. Went next door to therapy, back to doctor, made them put the different times I spent at the doctors office on his hall pass. Met Steward on route and gave him copies of the CA-17's and the hall passes. Guess what. The GREAT supervisor is on VACATION!!! He never ACCUSED me of fraud. The BAD Supervisor is the one who stirred all this up. Alot of people at doctor upset, as they dont have the have theirs roundated, and no HALL PASS. Especially if the doctor has them on NO DUTY. Steward sent me an email and told me to retire, as stress seems to be getting to me??? Do I have any RIGHTS??? Lawyer told me last week I am not to RETIRE til EEO's settled. Should I file new one?? I'm ready to. Any suggestions???
10263
SnowedPerson was signed in when posted
01-21-2014
08:35 PM ET (US)
BillieBob-
Yes they are supposed to apply to supervisors too.
10262
SnowedPerson was signed in when posted
01-21-2014
08:34 PM ET (US)
RCSurfer-

By what you say, YES, you are on the periodic roll....no you are not taken off periodic roll just because you are terminated from USPS...periodic roll has to do with OWCP.
10261
BillieBobPerson was signed in when posted
01-21-2014
05:46 PM ET (US)
Snowed, do Standards of Conduct in the postal service apply to supervisors?
10260
RCSurferPerson was signed in when posted
01-21-2014
01:20 PM ET (US)
Thanks snowed. RE message 10257, You said:
You assume incorrectly. Wage loss will continue if you are on the periodic roll automatically. If you are still filing CA-7's continue to do so if you wish to remain on OWCP. You will(or should) receive an election letter and can choose between the two benefits whichever is greater. Most stay on OWCP because it is usually substantially higher but not always. My election letter took 5 months to arrive. OPM could start paying you before you have a chance to sign the election form, if they do and you want to stay on OWCP, don't spend the money as you will have to pay it back.

I believe I am on the Periodic Roll automatically as I no longer file CA-7s (I just turned in LWOP works slips to my PM and he told me to no longer do that) and am paid every 4 weeks from OWCP. Is that a correct assumption? Once the PO terminates me, I'll no longer receive a biweekly paystub and will I then be taken off the periodic rolls? Are the periodic rolls a OWCP thing or a USPS?

Thank you for sharing that your election letter took 5 months, I will be patient.

Thanks Snowed and everyone for sharing your hard learned information. I'm doing my best to read, learn, and pass on what I learn to others also; as I have found help on these boards to be of great assistance.
10259
BillieBobPerson was signed in when posted
01-20-2014
08:16 PM ET (US)
Snowed, thank you. I'll try this. I had contacted Sen. Durbin and Aaron Schock....neither did a thing.
10258
SnowedPerson was signed in when posted
01-18-2014
07:28 PM ET (US)
BillieBob-
Did you contact FEDERAL Senator and Representative? I would focus on your local Congressional House Representatives office...by law they have to help you or call OSC.
10257
SnowedPerson was signed in when posted
01-18-2014
07:25 PM ET (US)
RCSurfer-
"1) Since I am no longer a Rural Carrier, am I assuming correctly that I no longer have wage loss and OWCP will terminate my payments for wage loss and that medical coverage could continue as long as they deem it's still related to the work related injury."

You assume incorrectly. Wage loss will continue if you are on the periodic roll automatically. If you are still filing CA-7's continue to do so if you wish to remain on OWCP. You will(or should) receive an election letter and can choose between the two benefits whichever is greater. Most stay on OWCP because it is usually substantially higher but not always. My election letter took 5 months to arrive. OPM could start paying you before you have a chance to sign the election form, if they do and you want to stay on OWCP, don't spend the money as you will have to pay it back.

"2) I was paid through 1/10 or 11/2014 by OWCP, but the PO says my last day with them was 1/2/2014; will I need to pay back those 8-9 days to OWCP?"

No...when the election letter arrives, you can start your OPM if you want any day since you became disabled...

"3) If I do get a form that says I have the option of choosing between OWCP and DR are there any other advantages/disadvantages for staying on OWCP (other than the pay is more but you have the harassment/problems of OWCP paperwork & 2nd ops etc, expecting another 2nd op as the last was a year ago). I'm assuming that they'd continue to take deductions from my OWCP pay for my health insurance (which would be the higher rate and I'd have to hassle about the refunds)."

 There are no health insurance refunds due to you after the date of your retirement. The biggest benefit is higher payment and non taxable benefits.

"4) I have SSDI and that is offset in DR as it is with OWCP. But I'm thinking SSDI would increase since I'd be bringing in less with DR. Is that a correct assumption?"

If you choose OPM, SSDI would be paid out fully BUT your OPM annuity would be reduced.

"5) Since I'm no longer an employee I have to decide about what to do with my TSP. Anyone have advice about that; what have been your experiences? Did you buy the annuity, did you roll over into another account?"

I have no idea what "buy the annuity" means. You can withdraw your TSP 100% without penalty but it will be taxable. You can also leave it in the TSP or roll it over to another qualified plan.

"6) For those of you who opt'd for DR and went off OWCP, do you regret it?"

Does not apply to me and I cannot afford to opt for DR.

"7) for those on DR, how long did it take to receive your first payment? Was it close to being correct? I have read of some people experiencing an overpayment and then having to pay back money."

My first payment was a little over one month after approval but I will be paying it back. Annuity calculation is in error...high 3 wrong....being reviewed.
10256
BillieBobPerson was signed in when posted
01-18-2014
05:11 PM ET (US)
Snowed, you told "Pamela" on 1/14/14 to "contact your congressman for help." I did this with a Senator, and two congressmen in Illinois and it didn't help me at all. In my case, I tried to get a meeting with these men and was completely ingored. Sent this Senator 4 e-mails asking for a meeting and no answer.

I am also finding that all these "laws" out there to protect employees on our jobs mean nothing. I was also told early-on that post office EEOC will do nothing and this is exactly what happened to me.
10255
retired1Person was signed in when posted
01-17-2014
05:06 PM ET (US)
RCS

Your OPM will be offset from SSDI, you should have or will get a booklet from OPM explaining how this works (Keep this booklet)

OWCP is not really worth fooling with once you have SSDI with OPM........MY OPM pay started quick and was on par to what the final amount would be.

AS far as your TSP....that is a question you need to ask yourself as you add up debt at this point. You can roll it over or leave it until TSP tells you it must be moved...IMO, the TSP should be used for debt reduction, if you do not have much debt then roll it over into a interest bearing account until you get a better handle on your total finances once everything is completed.
10254
RCSurferPerson was signed in when posted
01-17-2014
04:40 PM ET (US)
Snowed and anyone else:

I've been on an approved OWCP claim since 2/2012, now permanently disabled and unable to work. I was a Rural Carrier, I filed for Medical Disability Retirement and was finally approved 12/30/2013. As a Rural Carrier, they will hold your route for 2 years, and then remove you from that position and fill the route. Everything I have read previously, and in the info I received from OPM said that I will receive a letter to make my decision as to whether or not to stay on OWCP or switch to DR and if I picked DR what day I wanted it to start.

The PM called me this week and said he received notification that my last day as a rural carrier was 1/2/2014 (I have not received anything telling me that date)and that I had to come in and turn in my badge and do the close-out. I turned in my badge; PM cleared me wished me luck in my DR. Yesterday I received my Terminal Payment (which is for my Annual Leave I figured out). I can no longer sign in to Lite-Blue.

Here are my questions:

1) Since I am no longer a Rural Carrier, am I assuming correctly that I no longer have wage loss and OWCP will terminate my payments for wage loss and that medical coverage could continue as long as they deem it's still related to the work related injury.

2) I was paid through 1/10 or 11/2014 by OWCP, but the PO says my last day with them was 1/2/2014; will I need to pay back those 8-9 days to OWCP?

3) If I do get a form that says I have the option of choosing between OWCP and DR are there any other advantages/disadvantages for staying on OWCP (other than the pay is more but you have the harassment/problems of OWCP paperwork & 2nd ops etc, expecting another 2nd op as the last was a year ago). I'm assuming that they'd continue to take deductions from my OWCP pay for my health insurance (which would be the higher rate and I'd have to hassle about the refunds).

4) I have SSDI and that is offset in DR as it is with OWCP. But I'm thinking SSDI would increase since I'd be bringing in less with DR. Is that a correct assumption?

5) Since I'm no longer an employee I have to decide about what to do with my TSP. Anyone have advice about that; what have been your experiences? Did you buy the annuity, did you roll over into another account?

6) For those of you who opt'd for DR and went off OWCP, do you regret it?

7) for those on DR, how long did it take to receive your first payment? Was it close to being correct? I have read of some people experiencing an overpayment and then having to pay back money.

I've been reading the boards here and on the Fed Soup site hoping to take everything in. Everyone has such different experiences, I don't know if it's due to different branches or if it really is different for everyone!

Of course OPM retirement site is no help, it's having a major revamp (all of the web addresses opm provided me with go to a page that doesn't exist) ... and to sign in to the Retirement account management site it says you have to have the CSA # (which I do) and the password you were issued (that I haven't received).

This ball started rolling very fast, as of Dec 20ish I still had not been assigned a legal case manager, and then bam, I was told 1/2/2014 was my last day.

Any advice, anyone wants to share would be gratefully accepted. If you'd rather email me your experiences my email is RCASurfer@aol.com THANKS
Edited 01-17-2014 04:45 PM
  Messages 10253-10252 deleted by topic administrator between 01-17-2014 03:20 PM and 01-17-2014 07:59 AM
10251
SnowedPerson was signed in when posted
01-16-2014
05:03 PM ET (US)
Pamela-
You should be getting paid regardless if you lied or not. Do defend yourself however by getting a written statement from your witness and submitting it to OWCP. You want to tell your side of the story with just facts not emotion. You will have the recourse to file a new claim if they create a tangled mess. A new claim can be easier than untangling the mess. Make sure OWCP clearly knows why you can no longer do the job you were trying to do and have medical to back you up. Describe the job in detail..if it involved repetition, state how many times(approximately) you had to do the task,. If it involved lifting from floor, state weight and frequency of lifting, etc. Also show this statement to your doctor so it can be reflected in medical report.
10250
neicePerson was signed in when posted
01-16-2014
07:53 AM ET (US)
Pamela - If your work duties are causing pain on your left side then I would file a new claim.

Make sure you ask your union if you should be filing an mspb for the removal because you don't want to let the time frame pass you by. I don't know what the time frame for that is plus I don't know if you have to do it if you have the union addressing the issue. That's good you have the union working to get the letter of removal quashed.
10249
Pamela A.Person was signed in when posted
01-16-2014
05:34 AM ET (US)
Thank you niece and snowed for all of your help. My surgery was approved by OWCP, and was done Sept. ('13). I had started new position in June('13), and at 30 day review, got marked 'unacceptable' in every category, which had never happened in all my 15 years! I was told I needed to work harder and faster, and at that point I told PM that physically my shoulder can't. That's when she claimed that I wasn't up front about work injuries, and I got a letter of removal Oct.('13) claiming misconduct, also former plant didn't forward records. However, when I first met PM to find out duties, and make sure I could even do the job, I had my daughter with me, and told PM of being on limited duty for past several years. So the misconduct charge says that I lied, when in fact, lies are being made about me, which is very frustrating. Union is grieving, and I've called lawyers, but they will only step in after union is done. Meanwhile, I'm recovering well from surgery, but my left side feels just like right one did before. New claim? I can't even bear the thought! Thanks again.
Edited 01-16-2014 05:36 AM
10248
SnowedPerson was signed in when posted
01-14-2014
09:38 PM ET (US)
"Ralph Dennis Flanagan, Docket No. 94-1569, issued May 28, 1996: The ECAB, citing Normand stated, "Where employment is terminated, disability benefits would be payable if the evidence of record established that appellant was terminated due to injury-related physical inability to perform assigned duties, or the medical evidence of record established that appellant was unable to work due to an injury-related disabling condition.""
10247
SnowedPerson was signed in when posted
01-14-2014
08:43 PM ET (US)
Pamela-
As long as your leaving work was due to injury and not misconduct, you should be fully paid. Did you have surgery with OWCP approval?
10246
SnowedPerson was signed in when posted
01-14-2014
08:36 PM ET (US)
"6. Issuance of Decision. If the CE has determined that the injured employee's actual earnings fairly and reasonably represent his/her WEC in accordance with paragraph 5 above, a formal decision should be issued. See FECA PM 2-1400 for additional guidance on the issuance of formal decisions.
a. As long as there is no work stoppage due to the accepted condition(s), the decision should be issued following 60 calendar days from the date of return to work.
Any work stoppage due to the accepted work injury should be further evaluated by the CE. If a recurrence of disability is accepted during the first 60 days after the return to work, a WEC may not be issued and the actual earnings should be reevaluated following any subsequent return to work."
10245
SnowedPerson was signed in when posted
01-14-2014
08:34 PM ET (US)
"5. Determination of Whether Earnings are Representative of the WEC. This paragraph outlines the criteria that a CE should use to determine whether the injured employee's actual earnings fairly and reasonably represent his/her WEC. While a formal decision cannot be issued until the injured employee has completed 60 days of employment, the CE should still review the evidence promptly following the return to work so that disability management actions can continue if it is determined that the actual earnings do not fairly and reasonably represent the WEC."
10244
SnowedPerson was signed in when posted
01-14-2014
08:34 PM ET (US)
"b. If the injured employee is entitled to compensation for partial wage loss after return to work, the CE should compute entitlement using the Shadrick formula (see paragraph 4 in this chapter). If the injured employee's earnings are fixed, the CE may authorize compensation on a 28-day payment cycle. If the injured employee's earnings are variable, the CE may authorize payment on the daily roll as earnings records are received. In either case, the CE should make every effort to avoid interruption of income to the injured employee."
10243
SnowedPerson was signed in when posted
01-14-2014
08:29 PM ET (US)
Pamela-
I would also solicit your congressman for help.
10242
SnowedPerson was signed in when posted
01-14-2014
08:23 PM ET (US)
FECA part 2-0813 http://www.dol.gov/owcp/dfec/regs/complian...T2/group3.htm#20815

"11. Employed. If a claimant finds employment with either the previous employer or a new employer, the vocational rehabilitation effort moves to Employed status in order to ensure that the claimant successfully works the position for 60 days. This phase allows OWCP to provide follow-up services, in recognition that this initial period is a period of readjustment and often determines the success or failure of the rehabilitation effort.
The RC should contact the claimant at the end of the first day, first month, and second month on the job to check on the adjustment to the workplace and the position. The RC should remain available to the claimant to assist with the readjustment by providing counseling and support.
During the Employed phase, the RC will obtain all documentation pertaining to the new position, such as the name and address of the employer, the job title, the Dictionary of Occupational Titles code (if applicable), the starting date, hours per week, etc. If the claimant does not want the RC to follow up with the new employer regarding job information and/or the claimant's return to work, all information must be obtained from the claimant.
The RC should notify the RS immediately when any situation arises that jeopardizes the claimant's successful return to work. The RC should provide counseling and work with the claimant and the employer (if authorized by the claimant) to solve the problems. The RC can provide services such as job site analysis, ergonomic assessment, and the provision of adaptive equipment during this phase. If the claimant and employer arrive at an impasse, the RC may recommend a conference call with OWCP staff to resolve any issues surrounding the new position."
Edited 01-14-2014 08:26 PM
10241
Deleted by author 01-14-2014 08:24 PM
10240
SnowedPerson was signed in when posted
01-14-2014
07:58 PM ET (US)
Also I think you have to be able to do a new job for 90? days(I will double check and get you citation) before they can declare a wage earning capacity.
10239
SnowedPerson was signed in when posted
01-14-2014
07:54 PM ET (US)
Pamela-
Yes OWCP must still pay you....were they paying you a LWEC for the difference in pay? Did the new job aggravate your injuries? If so then you can file a new claim on that job. I would suggest you do everything possible to get your income back. Talk to your doctor about filing the new claim. If you can link those job duties to the new injury or even the new surgery, then your claim should be approved easily and the fact that they terminated the job should not matter one bit.
10238
neicePerson was signed in when posted
01-14-2014
09:15 AM ET (US)
Pamela - It looks to me that the right hand doesn't know what the left hand is doing - Are you expected to do HR for them too? Give me a break. That is USPS's problem for not doing their job (sending all your records to the new PM).

Also, owcp can't just arbitrarily dump you because USPS is giving you a letter of removal, if you're still injured and have residuals from your usps injury then owcp still needs to pay you.

You need to file a MSPB for the letter of removal.
10237
Pamela A.Person was signed in when posted
01-14-2014
05:19 AM ET (US)
Hi. I have 2 accepted claims with OWCP, neck strain ('02) and right shoulder ('12). Have been on limited duty and been through several treatments since neck problem, and was on many prescribed meds just to function at work, and because surgery (laminectomy) was always denied. Last year my plant closed and I moved cross country to accept a clerk job that I thought I could physically do. After working for a month, I realized it was not at all what had been described as duties for the job. I found a new shoulder doc over here, and was able to have surgery done within 3 months of moving. I turned in CA7 with evidence and still have not been paid anything. In the meantime, I received a letter of removal from USPS, saying that I did not disclose my OTJ injuries to new PM. This is being grieved by union, as I had witness with me when I first met PM and learned of job duties, also plant never sent records. CE now says that she may be only able to pay up until date of removal. Surgery was only a week before this (9/13).I have had no income, or nurse specialist contact me.since Is this really how it's supposed to work? Any help would be greatly appreciated.
10236
neicePerson was signed in when posted
01-10-2014
08:55 PM ET (US)
your welcome dekay - let us know how it goes
10235
SnowedPerson was signed in when posted
01-10-2014
07:34 PM ET (US)
dekay-
Also if your work is continuing to aggravate your injury, you could file a new claim now even if you continue to keep working.
10234
SnowedPerson was signed in when posted
01-10-2014
07:32 PM ET (US)
dekay-

If you received a 30 day letter, you still have medical benefits until the final decision is made. Here are some quotes from FECA pt2 manual, I suggest you go to the manual and read more of OWCP procedures and see where they may have not followed procedure. With the 30 day letter you should have received a copy of the IME doctors report. Because you have not received it, I would request an extension of the deadline until you do receive a copy. Be very specific in the letter as you need to review the evidence that helped OWCP come to their conclusion.

http://www.dol.gov/owcp/dfec/regs/complian...CFolio/FECA-PT2.pdf

"(2) In some instances, the claimant has fully recovered but does not
return to the date of injury position. The claimant has no ongoing entitlement
to compensation for wage loss and medical benefits once the injury-related
condition has resolved. In these cases, a formal decision following a notice of
proposed termination is necessary to notify the claimant of this change in
entitlement. (Formal decisions are discussed in PM Chapter 2-1400.) As the
claimant’s response may change the preliminary determination to terminate
compensation, the OWCP should continue any nurse and/or rehabilitation
services during the notice period until a formal decision with appeal rights is
issued, unless the claimant is already in receipt of OPM benefits."

" (1) Where injury-related disability has ceased
 
, notify the claimant of
proposed termination of benefits (see FECA PM 2-1400). The OWCP has the
burden of proof to justify the termination of benefits by positive and specific
evidence that injury-related disability has ceased. The inadequacy or absence
of a report in support of continuing benefits is not sufficient to support
termination. "
"b. Due Process. Before preparing a disallowance of benefits, the CE must
adequately develop the claim and, where necessary, advise the claimant of his or her
burden of proof in establishing entitlement to benefits. Where ongoing benefits are
at issue, the CE is responsible for advising the claimant of the proposed termination
or reduction including the reasons for the proposed action and an opportunity to
respond in writing.(1) Notification to Claimant. The CE must notify the claimant in writing of
the specific additional evidence which is needed before denying any claim.
The contents of such notices are described in FECA PM chapters addressing
various kinds of entitlement (see paragraph 3 for a list of references). "

"2-1400-8 Responses to Pre-Termination and Pre-Reduction Notices
Responses to Pre-Termination and Pre-Reduction Notices. This paragraph discusses the
claimant's response to a notice of proposed termination or reduction. Submission of
additional evidence or arguments does not constitute a request for reconsideration
under 5 U.S.C. 8128, nor does it affect the exercise of the claimant's appeal rights
once the final decision is issued. The CE should take the following actions based on
the claimant's response:
a. No Reply. If the claimant does not respond within 30 days, the CE should
prepare the notice of decision.
b. Interim Reply. A claimant may state that he or she intends to submit
additional evidence but cannot do so within the 30-day period. The CE should advise
the claimant that the OWCP will issue a decision at the end of the 30-day period and
that the claimant may submit the evidence later, in support of a request for
reconsideration of the final decision. If the evidence reaches the file before the
decision is released, either within or beyond the 30-day period, the CE must consider
and act upon it accordingly.
c. Additional Evidence. If the claimant submits additional evidence or argument,
the CE must evaluate it and undertake additional development where indicated."
Edited 01-10-2014 07:33 PM
10233
dekay1820Person was signed in when posted
01-10-2014
04:29 PM ET (US)
Thank you niece, mailing it to DOL and also uploaded to ecomp attn to my ce and the senior ce that sent me the letter.
10232
neicePerson was signed in when posted
01-10-2014
02:33 PM ET (US)
dekay - statement of accepted facts
10231
dekay1820Person was signed in when posted
01-10-2014
02:06 PM ET (US)
What does SOAF stand for?
10230
neicePerson was signed in when posted
01-10-2014
10:03 AM ET (US)
dekay - Yes, you should be getting a complete medical report that he wrote.

You should write to owcp to make sure you get the complete medical report and the SOAF and questions asked of this doctor, if you haven't done that already. Also,request the report and evidence that the Referee doctor was selected on a strict rotational basis. You've got to make sure the Referee was the next one of the rotational list.

Alot of time these secop & Referee doctor's don't write thorough and complete medical narratives. They also have to substantiate their opinions with medical rationale. Hopefully, you already received the secop's medical report, SOAF and questions asked of him by owcp.

If either the secop or Referee didn't mention all your MRI's and medical conditions-info in their medical report, that's also a basis for your appeal.
10229
dekay1820Person was signed in when posted
01-09-2014
11:18 PM ET (US)
Yes neice he was the referee dr. So there should be a complete report correct? That is what I called to get and they sent me this letter instead. I thought that he was supposed to spend about an hour with me and it was about 15 min. and thank you
Edited 01-09-2014 11:19 PM
10228
neicePerson was signed in when posted
01-09-2014
10:57 PM ET (US)
dekay - Was the 3rd opinion doctor a referee doctor? If I remember correctly, a referee doctor holds more weight than the 1st & 2nd doctor. You may need to do some research on Referee doctors for your appeal.

Also you need to demand your copy of this (referee doctor or 3rd opinion doctor)medical report and look for inconsistencies, inaccuracies, etc. Look for leading questions in the SOAF that owcp sent to him. Make sure all the medical facts were in your SOAF, because if they weren't, that is a leg to stand on for your appeal. Make sure all the facts about you and your job position is correct too.

Look thru the SOAF and this doctor's medical report with a fine tooth comb.
10227
dekay1820Person was signed in when posted
01-09-2014
09:51 PM ET (US)
Thanks but it said medical and compensation. I already work at the call center a clearing house getting rid of injured people. It hurts me every day worse if I am not taking my medicine I am completely exhausted when I work the whole week on my drive home I am always in a lot of pain especially if there is an accident and it takes me 2 hours. They sent me 50 miles to LA to work as a job offer. They didn't even send me his whole report basically that he just said that he agreed with the second opinion doctor. He spent all of about 15 minutes with me didn't look at the mri's I brought except for one, I had a lot.
10226
SnowedPerson was signed in when posted
01-09-2014
08:02 PM ET (US)
dekay1820-
You are not terminated yet so you still have the medical insurance. If it comes down to it, you may have to return to work, and try your best. When you have a flare up of injury, file a new claim. I would do a CA-1 on the first day the pain takes you down. You then will have a clean slate with no OWCP doctors.

But you do have 30 days, so you could spend that time picking apart the OWCP doctors report for errors or omissions. Have your own doctor back you up and try to rebut....maybe hire a lawyer or advocate?
10225
dekay1820Person was signed in when posted
01-09-2014
07:18 PM ET (US)
I just received a notice of termination of medical benefits and compensation from the DOL. The 3rd opinion DR agreed with the 2nd opinion Dr that I could work just fine. I have a low back injury and my job requires me to sit 8 hours plus drive about 2 1/2 to 3 hours on top of that which is very painful. I have sciatic pain all the way down to my foot, I go to pain management for pain meds to make it somewhat tolerable. I miss a lot of work because of it. But now they act like I never even had an injury. I have disc protrusion and narrowing of the canal. I have 30 days to obtain documentation of documents disputing this. So now do I have to go to another dr and pay cash? I can't believe this and I cannot live without my pain meds.
10224
Brownbomber2Person was signed in when posted
01-09-2014
07:00 PM ET (US)
Does anyone else on here have to deal with the KCMO office? If so, what if any problems have you had with examiners? I am currently dealing with them and have filed complaints with my senators. They are looking into my having to use my insurance for work related injuries. McCaskill and Graves are my reps if anyone else in their district is having problems I would be interested in hearing from you.
10223
BillieBobPerson was signed in when posted
01-09-2014
01:32 PM ET (US)
Are there any injured postal employees out there who have filed an MSPB appeal?
10222
SnowedPerson was signed in when posted
01-05-2014
09:12 PM ET (US)
Just be careful if you have a 40 hour note.
10221
SnowedPerson was signed in when posted
01-05-2014
08:01 PM ET (US)
carrier12-
sure you can
10220
carrier12Person was signed in when posted
01-05-2014
02:31 PM ET (US)
If I am full time with limitations can I have a second job outside of the PO that requires absolutely no physical activity?
10219
neicePerson was signed in when posted
01-05-2014
11:30 AM ET (US)
66 2/3% without dependants and 75% with dependants - a spouse is a dependant
10218
tiredoutPerson was signed in when posted
01-05-2014
11:15 AM ET (US)
Is it a percentage difference? Can you tell me the difference? I could not find the exact info myself. Thank you.
10217
SnowedPerson was signed in when posted
01-04-2014
08:38 PM ET (US)
tiredout-
Yes depends if you are married or have other qualified dependent.
10216
tiredoutPerson was signed in when posted
01-04-2014
07:17 PM ET (US)
Is there a difference in the amount of Schedule Award dependent on marriage status?
10215
silvesterPerson was signed in when posted
01-03-2014
12:55 AM ET (US)
Just a quick FYI, if you are using your 'real name' on here, just know that anyone can read this page.
I want to wish everyone a HAPPY NEW YEAR! Gentle hugs~
10214
SnowedPerson was signed in when posted
01-02-2014
04:40 PM ET (US)
BillieBob-
Your questions may be better answered on the EEO forum.
10213
BillieBobPerson was signed in when posted
01-02-2014
01:56 PM ET (US)
One more question...what happened to me on my job happened quite a number of years ago. I was told by someone to appeal my EEO complaint. Can this be done after 10 years?
10212
BillieBobPerson was signed in when posted
01-02-2014
01:54 PM ET (US)
Snowed, if I have an appeal with MSPB that is ongoing, can I still file a complaint with OIG? A postal advocate told me that it might take a year for me to get a response to my MSPB appeal. My complaint with OIG would be about the wrongdoing and covering up by my supervisor and Plant Manager that caused me to lose my job of 20 years. It would also be about falsifying my postal forms for my absence, violations of postal rules and regulations and more.
10211
lawnladyPerson was signed in when posted
01-01-2014
06:29 PM ET (US)
suezq - thanks for that information. It's a scenario that I worry about happening to me.

Congratulations on getting out of there. I tell myself everyday to go out on DR and be done with them. I'm just too stubborn for my own good.
10210
suezqPerson was signed in when posted
01-01-2014
06:08 PM ET (US)
Lawnlady: I understand where you are coming from as I was in the same situation as lobby assistant. PM wanted me gone so he went to cut hours again 1 hr in am and 1 1/2 in pm doing collections. I am sick of fighting them so I just retired. I don't think its fair that this was done to me but I am so glad to be gone from there. The whole system sucks. There are a lot of Mgmt that do nothing and they need to go. I was a worker bee but it got me no where. Good luck! You know how the PO is in Mgmt screw up move up!! It is still full of this.
Edited 01-01-2014 06:09 PM
10209
RuuthPerson was signed in when posted
12-31-2013
10:31 AM ET (US)
So sorry to hear of Lenny's passing.

I saw my pain management doctor yesterday. I have been seeing her almost a year now. I asked her if she could write a letter to support causal relationship concerning my claim. She stated that she couldn't do it being it was in 2009 and the doctor treating me at the time should write it. My doctor at that time did write a letter and OWCP said it didnt prove causal relationship. I also saw Dr. Ellis in 2010, and he also wrote a report that included a causal relationship for my claim and OWCP said it was no good. I'm seeing a spine surgeon today and I'm hoping he will do it. I'm going to tell him that I feel my forced return to work and subsequent reinjury of my accepted conditions has now led me into having surgery. I pray he feels the same. If he won't write the letter for the same reasons my pain doctor won't, what are my options? This will be my 5th recon on this claim!
10208
InjuredPerson was signed in when posted
12-31-2013
09:04 AM ET (US)
:-(
10207
SnowedPerson was signed in when posted
12-30-2013
11:48 PM ET (US)
May his soul rest in peace.
10206
InjuredPerson was signed in when posted
12-30-2013
08:14 PM ET (US)
Hi Everyone.... It's been a long time since I have posted here but I though that you should know that I just got off the phone with Kelly at Dr Ellis and she informed me that Lenny (receptionist) has passed away. His funeral is on Thursday. Lenny was an awesome individual and always had a smile on his face. Let's keep his family as well as Dr. Ellis's clinic in our prayers as they deal with his loss. He will be missed:(
10205
SnowedPerson was signed in when posted
12-29-2013
08:12 PM ET (US)
BillieBob-
You must demand your case be heard. OIG should still investigate and so should OIG....that is nonsense about happening too long ago. Ask them to show you where in writing is this statute of limitations.
10204
neicePerson was signed in when posted
12-29-2013
05:52 PM ET (US)
lawnlady - I hope so too.
10203
lawnladyPerson was signed in when posted
12-29-2013
05:45 PM ET (US)
Good to know neice. I hope that's how it goes; I worry a lot.

Thanks!
10202
neicePerson was signed in when posted
12-29-2013
05:39 PM ET (US)
lawnlady - When they start excessing they will have to go by seniority only. I don't think they will be excessing carriers because the po is hard up for carriers.

They're only supposed to be excessing clerks and mail handlers. Since you're really a carrier, I think you will be fine.

I think the only time you may have to worry about the lobby assistant position is when the po gets their act together and actually puts the lobby assistant jobs on the bid board. They're so slow.

As long as they don't post any lobby assistant jobs in the clerk craft, you should be safe.
10201
BillieBobPerson was signed in when posted
12-29-2013
05:10 PM ET (US)
Snowed, I sent you a message on 12/25/13 asking if anyone knew who I could contact about the misconduct and covering up by my supervisor that caused me to be fired from my job of 20 years. You replied....OIG OR OSC.

I contacted OIG and they said this happened too long ago. Why should this make a difference if I have everything to show the wrongdoing,lying, covering up and falsifying my postal forms for absences for an injury?

Also contacted OSC and they told me they could do nothing for former postal employees.

I want to bring out what happened to me...how can I do this?

I even contacted my senator and representative and got nowhere.

My life has been totally ruined and I am now indigent. Since this happened to me, I am sick to death of this government and these Senators and Congressmen.

My injury wasn't that serious and to lose everything I worked for in my lifetime after I reported this. I worked since I was 13 years old, never fired from a job in my entire life (until the post office), worked for excellent companies before the federal government and was never called filthy names, bullied or ever treated with disrespect.

I want to bring this out.

Thank you.

Our Union was worthless.
10200
lawnladyPerson was signed in when posted
12-29-2013
03:27 PM ET (US)
neice - they do but when they start excessing, might be a different story.
10199
neicePerson was signed in when posted
12-29-2013
03:17 PM ET (US)
lawnlady - your welcome - although I wouldn't push to do carrier duties if no one's bothering you about doing lobby assistant. See how long you can ride it out.

I'm sure the clerks welcome you with open arms.
10198
lawnladyPerson was signed in when posted
12-29-2013
03:14 PM ET (US)
I'm not giving up my pay. I better push to do the carrier duties I'm able to do and they can fill available time with whatever.

If they changed my 50 to an unassigned clerk, I'd be the first one excessed.

Thanks, again, Snowed and neice!
10197
SnowedPerson was signed in when posted
12-29-2013
01:57 PM ET (US)
lawnlady-
Seniority and payrate.
10196
neicePerson was signed in when posted
12-29-2013
01:53 PM ET (US)
lawnlady - I don't know how easy it would be to get your 50 changed. Probably you would have to go thru HR and request to change crafts and request a reasonable accommodation to have your lobby assistant job put on your 50.

Normally, when a person requests a change in crafts they move into the new craft as an unassigned regular.

You will want to speak to a knowledgeable HR person about doing this the smoothest way without having to become an unassigned regular clerk first.

You may have some rights due to your 'on the job' injury giving you precedence.
10195
lawnladyPerson was signed in when posted
12-29-2013
12:28 PM ET (US)
neice - My 50 has never been changed; still says city carrier.

I told the clerks to file if they need to; I do understand their need to protect their positions. Especially when the rumor is they are taking 5 more regular clerks out of our office, they will be excessed. We are a sec center and they are taking that operation out, completely! The DPS has already been removed and clerks excessed because of it.

I don't want to step on any toes but I want to keep working.

I know if they put the position up for bid, one of the clerks would take it. Our window operations are very busy.

My personality is perfect for the job and I'm very knowledgeable about our services, etc.

What would I have to give up if I get it on my 50?
10194
neicePerson was signed in when posted
12-29-2013
11:50 AM ET (US)
lawnlady - Due to the post offices new "Premier Post Office" standard which is a great standard (but we all know just looks great on paper and would be wonderful if they actually implemented it)having a lobby assistant at every post office which has been selected for the "Premier Post Office" is supposed to be implemented.

Unfortunately, for many of the post offices they don't ever put anyone in the lobby assistant position.

I would say if you are in an actual position called a lobby assistant and it is on your 50 then you are probably golden. I wouldn't upset the apple cart because having a lobby assistant at every Premier Post Office is the goal of the post office.

The only thing I see that may give you a problem is if the APWU causes trouble for you, being that you are an injured letter carrier and not an injured clerk.
10193
lawnladyPerson was signed in when posted
12-29-2013
11:09 AM ET (US)
Anyone with knowledge of the "lobby assistant" position held by a limited-duty employee?

I returned to work late October; my job offer has been a lobby assistant.

I need to know how long anyone has held this position. I'm concerned they will take the job and send me home, again, NWA.

I think I can case my route now and run expresses, maybe some collections, but I don't know if I should push for that or leave it alone as long as they are accommodating me.
10192
John828Person was signed in when posted
12-28-2013
10:54 AM ET (US)
Snowed: I sent you a reply on Federal Soup PM.
10191
SnowedPerson was signed in when posted
12-28-2013
10:49 AM ET (US)
Zakk-
You have to decide for yourself on the retirement, but here are some things to think about. Worker's compensation is tax free. If you collect worker's comp you have to accept limited duty that is within your restrictions. You have to wait for a SA until you have reached maximum medical improvement on both issues.

If the fall brought out or made the trigger finger worse, then it is all one claim...if not, yes you can file both claims.

You do not have to have any invasive surgery and yes you would be eligible for a schedule award if you have a permanent impairment.
10190
ZakkPerson was signed in when posted
12-28-2013
09:22 AM ET (US)
Had retirement date set with HR for January and darn it, fell (tripped on garden hose on sidewalk, you know we are delivering mail at night now!) and sustained a traumatic injury to my wrist/fingers/thumb. First injury in 30 years as a letter carrier. Severe strain to wrist/fingers/thumb plus fall precipitated "trigger finger" due to latent tenosynovitis in forefinger.

Dr says if no improvement within 4-6 weeks of rest and PT to hand, surgery will be only option to release trigger finger. Dr says latent tenosynovitis definitely due to job. Filed CA-1 and have OWCP claim number. Can I also file a CA-2 for the tenosynovitis as the Dr will certify the causal relationship to the letter carrier job?

Also, should I retire as planned or cancel retirement? Can OWCP or the USPS require surgery even if I don't want to? If I refuse surgery would I be eligible for an award?

I appreciate any answers or input. I was so looking forward to kicking back after 30 years of hell in the USPS but you have to play the "hand" you're dealt. (no pun intended!) At least the management team we have now is better than most but I still take everything they say with a grain of salt. Just trying to get as much info as possible. Thanks in advance for any advice.
10189
SnowedPerson was signed in when posted
12-27-2013
01:25 PM ET (US)
Art-
If that is a full regular pension and not a disability one then the offset would probably be on your workers compensation end.
10188
SnowedPerson was signed in when posted
12-27-2013
01:09 PM ET (US)
Art-
You should call the Railroad Retirement office for your answer. Part of a railroad retirement pension is considered like social security so you may be eligible for something.
10187
Art VandalayPerson was signed in when posted
12-26-2013
08:26 PM ET (US)
I am currently on workers comp. Is it possible to also collect a pension from Railroad Retirement where I worked previously and now eligible? Thx
10186
John828Person was signed in when posted
12-26-2013
03:46 PM ET (US)
Snowed: I sent you Pm through Federal Soup.
10185
BillieBobPerson was signed in when posted
12-26-2013
03:30 PM ET (US)
thank you.
10184
rr01Person was signed in when posted
12-26-2013
10:16 AM ET (US)
Thank you Snowed.
10183
SnowedPerson was signed in when posted
12-25-2013
10:47 PM ET (US)
BillieBob-
Yes OIG or OSC (Office of Special Council)
10182
BillieBobPerson was signed in when posted
12-25-2013
02:30 PM ET (US)
Is there anyplace to contact or e-mail former postal clerks? How can a former clerk get justice for a supervisor causing her to lose her job? Where can a clerk report ethics violations of supervisor and managers...all I am finding is reporting misconduct of employees.

During all of these years, why has nothing been done about bullying in the post office, abusive behavior toward employees by these supervisors and managers.

After losing my job, I found out that an investigation was done by the Labor Relations Specialist from our office at a post office 60 miles from my office after employees in that office asked that an investigation be done. I had asked that this be done in our office (this labor relations specialist's office too) before I was fired but was completely ignored. How can this be right?

It has been some time since I was fired but can OIG look into this? If not OIG, then who?

Thank you
10181
SnowedPerson was signed in when posted
12-25-2013
02:08 PM ET (US)
rr01-
Retiring does not affect medical benefits...the only thing that does, is if OWCP finds you recovered from your work related injury.
10180
rr01Person was signed in when posted
12-23-2013
06:31 PM ET (US)
I am due to do a regular retirement 1/31/2014 . I am presently still getting medical benefits and will need a few more after retirement date. Will owcp still pay for these?
10179
SnowedPerson was signed in when posted
12-22-2013
11:48 PM ET (US)
U.S. Department of Labor
DFEC Central Mailroom
PO Box 8300
London, KY 40742-8300
10178
birdcatPerson was signed in when posted
12-22-2013
02:20 PM ET (US)
Where do you send form OWCP-957-medical travel refund request if you are retired. I need the address as I have forgotten it. Thanks.
10177
Brownbomber2Person was signed in when posted
12-21-2013
10:46 AM ET (US)
Thanks snowed, I can pysically drive that far, but driving that far for a $10.00 an hour job, when gas is $3.89 is not going to be a livable wage and I cannot afford to sell my house and move into a town where the cost of living is 40% higher than where I live.
10176
SnowedPerson was signed in when posted
12-20-2013
09:46 PM ET (US)
If you have a medical reason you cannot drive over 50 miles each way, then submit your medical evidence.
10175
SnowedPerson was signed in when posted
12-20-2013
09:45 PM ET (US)
Brownbomber2-
More than 50 mile commute would require OWCP to pay for your moving expenses....ask for it.
10174
SnowedPerson was signed in when posted
12-20-2013
09:16 PM ET (US)
A win: http://www.dol.gov/ecab/decisions/2005/Jun/04-1748.htm
10173
Brownbomber2Person was signed in when posted
12-20-2013
09:14 AM ET (US)
Does anyone out there know the travel distance you have to go to search for work under the rehabilitation program? I am being told that I have to drive 60 miles to apply for jobs as an investigator that my rehab guy has identified for me in a town 60 miles away that supposedly pay $450 a week. I asked him to identify these jobs and the places that had these jobs. He said he didn't have that information, he just looked on the computer and it said those types of jobs fit my disabilitys and that they were available in this large of a town. Because I have not gone and looked for those jobs, workers comp is going to reduce my benefits by that amount each month.
10172
John828Person was signed in when posted
12-19-2013
03:50 PM ET (US)
Gotcha. Thanks again.....
10171
SnowedPerson was signed in when posted
12-19-2013
03:37 PM ET (US)
John828-
I can check but to win you have to have what the judges are looking for in the losses.
10170
John828Person was signed in when posted
12-19-2013
03:19 PM ET (US)
Snowed Ref: 10168 That's three losses! Any wins?
10169
John828Person was signed in when posted
12-19-2013
03:12 PM ET (US)
Snowed: Thanks for all your help. Will do!
10168
SnowedPerson was signed in when posted
12-19-2013
01:18 PM ET (US)
John828 AHH you are not the first...here are some ECABS I found. Did you attempt to go back to LDJ?...have documentation of no job available? Read this case and you will see what I mean:

http://www.dol.gov/ecab/decisions/2006/May/06-0289.htm

http://www.dol.gov/ecab/decisions/2007/Jun/07-0299.htm

http://www.dol.gov/ecab/decisions/2007/Jun/07-0483.htm
10167
SnowedPerson was signed in when posted
12-19-2013
12:59 PM ET (US)
John828-
You can PM me on Fedsoup. I like your legal argument but it is hard to guess how OWCP will respond. Your case will be one for the books as I have never seen one like it.
10166
John828Person was signed in when posted
12-19-2013
05:14 AM ET (US)
Snowed: Thanks! I have one request. After new year, when I complete CA-2a, if I have any questions regarding how to complete a certain response can I run it by you? I don't want any missteps.....Also, how strong an argument is what I'm saying? Will it prevail with ECAB?
Edited 12-19-2013 05:20 AM
10165
SnowedPerson was signed in when posted
12-18-2013
11:00 PM ET (US)
BillieBob-
That is cause for an EEO and/or grievance. Most of us were harassed after an injury...the EEO forum would be a good place to post. You can just post your email, but most here are wary of posting private info here.
10164
SnowedPerson was signed in when posted
12-18-2013
10:57 PM ET (US)
John828-
It should not matter.
10163
BillieBobPerson was signed in when posted
12-18-2013
01:13 PM ET (US)
Are there postal employees out there who were fired from their job after reporting an on-the-job injury? I would like to exchange e-mails with anyone who this happened to; anyone whose supervisor harassed them after reporting an injury; anyone who had a supervisor falsify their absence forms; violated FMLA; violated postal rules and regulations; or had their rights violated.

Snowed, how can I get my e-mail address to anyone interested in talking to me?
10162
John828Person was signed in when posted
12-18-2013
05:22 AM ET (US)
Snowed: There is one other wrinkle to my case. I am drawing down third party surplus. Hence, I receive third party credit, not compensation. I am able to receive OPM benefit and third party credit at same time. After surplus is exhausted, I will have to choose between OWCP n OPM benefits.....Does this fact materially change argument? I want to argue that USPS withdrew limited duty job and that I AM STILL WILLING TO RETURN TO JOB IF AVAILABLE. I can return to job as an annuitant. USPS wages would then be offset by OPM annuity.....I read this in booklet that you prevoiusly sent link too....
10161
SnowedPerson was signed in when posted
12-17-2013
11:08 PM ET (US)
...see instructions on the CA-2a. Respond that you are retiring from your full time city carrier job not your limited duty job and you are not electing OPM benefits at this time. Inform him that you are still willing to return to the limited duty job if available. Did the USPS tell you that you were done?..or did you just stop showing up?....Good luck...please post what happens in your case.
10160
SnowedPerson was signed in when posted
12-17-2013
11:03 PM ET (US)
John828-
Withdrawal of limited duty job is a recurrence.
10159
John828Person was signed in when posted
12-17-2013
08:56 PM ET (US)
Snowed Ref: 10032 I have now passed my last day on agency rolls(12/13/13), but have yet to receive official word from HRSSC. I now have issue(s) with OWCP. Senior Claims Examiner states in letter dated 12/16 (in response to phone conversation) that I may file form CA-2a and Form Ca-7 if I want to go from 4hrs a day to 8 hrs a day entitlement. I am very wary of claim of recurrence. I believe L/D job was withdrawn when I was approved for D/R based on City Carrier Position, hence no recurrence. He states, "However, it appears that the reason you are no longer working the limited duty job is because of your decision to retire and elect OPM benefits." Seems a difficult decision: to claim recurrence or attempt to force him to accept agency withdraw. How do I proceed to force him to develop case based on withdraw of L/D job? Also, is there a time limit on filing CA-2a? Can I push for development of withdraw, then if unsuccessful file Ca-2a? I KNOW THIS IS A LOT FOR YOU TO DIGEST!!!!
10158
SnowedPerson was signed in when posted
12-17-2013
08:40 PM ET (US)
You do not use a ca-2 for consequential injuries nor do you use a ca-2 for a recurrence....that would be a CA-2a. Tell me what you said to OWCP about your "consequential injuries." Were you working when these consequential injuries occurred??

 You can write a letter to your CE saying that you are willing to cooperate with vocational rehab now. Your compensation will start up again but VR will also continue. Make sure OWCP has all your medical restrictions, whether work related or not.
10157
Brownbomber2Person was signed in when posted
12-17-2013
10:42 AM ET (US)
I got my postal retirement and was separated from the postal service on 11/23/2013. I am still trying to get my cases expanded and I talked with our rep at the union hall last week and he advised me to file new CA-2's for consequential injury's. I am in the process of doing this and have been trying to expand these cases for months now, but OWCP just denies them and says I don't have the statements written up right. The rehabilitation guy advised me not to sign the papers for rehabilitation but to write a line in the place of the signature stating that I was still trying to get medical treatment. He called yesterday and said that they are going to stop my compensation for failure to comply. I guess I have the retirement to fall back on and I am sure they know this. Is there anyway for me to stay on OWCP? I submitted a CA-2 yesterday with human resources in St. Louis for a reoccurrence of the injury to my foot. I am beginning to think that my first impression that the rehab guy is a snake was correct.
Edited 12-17-2013 10:43 AM
10156
Art VandalayPerson was signed in when posted
12-13-2013
03:40 PM ET (US)
Thanks Snowed...Had appt. with Dr. today, he thinks I could be at full recovery before year is up anyway. So if that is true I will have to try and coordinate return with retirement after all because I do not plan on returning to work. Had enough!
10155
SnowedPerson was signed in when posted
12-13-2013
03:02 PM ET (US)
Art-
It does not matter. The USPS may never separate you. There are many 10+ years out on OWCP and the USPS has not separated.
10154
Art VandalayPerson was signed in when posted
12-12-2013
08:37 PM ET (US)
Snowed-
So do I need to retire before the year is up or can I wait till actually released by doctors no matter how long it takes? Little confused on this. I do not want to return to work so I thought I was going to have to coordinate timing with doctors and my retirement date. But if the year does not matter that's one less thing I have to worry about.
10153
SnowedPerson was signed in when posted
12-12-2013
08:21 PM ET (US)
Art-
The consequence can be loss of automatic restoration to duty but since you are retiring anyway, it wouldn't matter.

If your knee is now injured and the doctor concurs that it is a direct result of your work related injury and/or treatment then he should state so in a narrative with the proper diagnostic code. You then request by letter to your CE that the condition be added to your claim and attach the medical.

Good luck.
10152
Art VandalayPerson was signed in when posted
12-12-2013
08:08 PM ET (US)
Couple of questions pls. First, I have been off work due to on the job injury and subsequent surgery for 5 months. Surgeon feels I will be out at least 6 more months. Are there any consequences being out more than a year? Also, due to boots, and casts for my injured foot, I am having a lot of pain in my knee now. I believe the knee is now injured. What do I have to do now since I believe it was caused by original injury? One more, I was planning on retiring a few months ago, but was injured so obviously on OWCP and will retire when released by my doctors. Any advise or comments?
10151
karen strawbridgePerson was signed in when posted
12-12-2013
07:59 PM ET (US)
Cont-would put me out of work and they did. Been out ever since. Pain is constant. Thats what I get for trying. They don't appreciate extra effort.
10150
karen strawbridgePerson was signed in when posted
12-12-2013
07:56 PM ET (US)
JIMPOSTAL-When I was at work it was sedentary. I would put empty tubs on bottom and empty trays on top and fill by handfuls. I have now been out of work because when they did bring me back after 15 mos. out it was too much. I tried for 2 years and ftom day one it was so painful. The Dr technically wrote one handed work in Sept but I didn't realize till Nov. I told her they
10149
SnowedPerson was signed in when posted
12-12-2013
04:47 PM ET (US)
jimpostal- re: /m10143 30 pounds of force is equivalent to approximately 300 pounds on unobstructed wheels. In my experience no postal equipment has unobstructed wheels unless it is brand new...and finding new equipment is next to impossible.

Yes you do get paid for time and mileage between locations.

You say you have knee problems...you should have a doctor write restrictions for them and give to USPS and OWCP whether work related or not, they must consider them. (Or you can file a new claim for the aggravation to your knees)

Yes if it is a work related injury OWCP picks up the tab if you can't work 8 hours.

You can call OSHA if the USPS cannot supply you with the correct force needed to push empty, working equipment. You can request that each piece of equipment be tested and tagged as an accommodation to your work injury.
Edited 12-12-2013 05:00 PM
10148
jimpostalPerson was signed in when posted
12-12-2013
02:21 PM ET (US)
carrier12 - is only allowed by his doctor to work 6 hours. But the Post Office insists he come in for 8 to sit on a chair.

dogged - is only allowed to work four hours a day but wishes he would be allowed to be work for eight hours a day because he needs the money.

May I be nosey and ask carrier12 - would OWCP be picking up the tab if you went home after 6 hours? And my I ask dogged are you maybe not OWCP eligible so nobody is paying you the extra four hours?

It seems that Post Office as opposed to NRP days is doing anything possible to keep people off OWCP IF their doctor allows them to work 8. But if its not a work related injury (accepted by OWCP) then the Post Office wants you out of the building s soon as it can get you out.

Am I right?
10147
jimpostalPerson was signed in when posted
12-12-2013
02:10 PM ET (US)
Me again:

For those of you who have restrictions regarding pushing - is it written like "Limit 30 pounds."? And is that interpreted to mean that you can't push anything that weighs more than 30 pounds?

Or is there some crazy engineering way to figure out the lateral force exertion of 30 pounds of pressure applied to an object....(blah, blah, blah, - I just made up that language to sound technical) that the Post Office has you use?

Just curious.
10146
jimpostalPerson was signed in when posted
12-12-2013
11:56 AM ET (US)
Hi karen strawbridge. You are right. An APC does weigh more than 20 or 30 pounds. An in-house APC (chrome and with no gate if your facility has them) weighs about 130 pounds. A regular APC with gates weighs between 210 and 240 pounds. But with a 20 pound limit how do you get your mail to your LLV? Trays can weigh more than that and certainly any cart you use to push them to an LLV would also. I'm not trying to give you a hard time or anything its just that these are the questions they will be asking me if I try to have my doctor's 30 pound restriction interpreted that way.

I have another question for anyone to answer. Where the type of job I am allowed to do is listed my doctor has checked the first available job category and changed the weight from a 10 pound restriction to a 5 pound restriction. The job category is described as "sedentary".

The full text reads as follows:

"Sedentary Work. Lifting 5 (10 is crossed out and 5 is written in by doctor) pounds maximum and occasionally lifting and/or carrying such articles as dockets ledgers and small tools. Although a sedentary job is defined as one which involves sitting a certain amount of waling and standing is often necessary in carrying out job duties. Jobs are sedentary if walking an standing are required only occasionally an other sedentary criteria are met."

But in the "Limitations" section my doctor checks under "Stand/Walk" - "6-8 hours".

Because of this conflict - the Post Office completely disregards the Sedentary box checked - and gives me a hard time if I EVER insist that I am allowed to sit down. "It says you can stand for 8 hours!" they tell me. And as mentioned think that I can push empty equipment for 2 hours.

Even if I agree that I can STAND for 8 hours - pushing APCs in certainly not only standing.

I don't WANT to sit all the time in fact I feel stupid doing it - but of course my wants and desires are not the question here. The restrictions are.

Should I insist? And I risking anything by allowing them to push me. The answers seem obvious - but they are pushing me well beyond the "sedentary" limits. and the modified job is well beyond "sedentary" limits.

Any input from anyone?

My primary injury is to my hands. Both my thumbs are extremely weak (no grasping strength) and painful with osteoarthritis. One was surgically repaired but not very well as it continues to be weak and painful. I also have a bad case of carpal tunnel.

The doctor has told me that the reason he places such extreme restrictions on me is that he does not want me to be doing repetitive grasping type "factory work" and sorting mail certainly qualifies. he wants me to do less strenuous "office type" work that will not tax my thumbs.

I have also had rotatator cuff surgery on both shoulders and they remain weak. But neither of these is the concern of this doctor who s exclusively a hand surgeon.

I also have bad knees and feet - but neither have been surgically treated and again they remain outside the scope or consideration of this doctor who is a hand surgeon.

Pulling empty APCs from one side of the plant to another for more than an hour absolutely killed my knees. It was two weeks ago but my knees have ached every minute since. I can't even sleep they ache so badly. I had arthritis before and could not keep them immobile but nothing like this. If they do that to me again I will be forced to file a new claim.
Edited 12-12-2013 03:21 PM
10145
karen strawbridgePerson was signed in when posted
12-12-2013
10:35 AM ET (US)
JIMPOSTAL-Hi, I had an fce and they said I could push 20lbs. I believe an empty apc weighs more than that. I'm a carrier and had no problem. I had a supv. at one time lecture me on closing them. He went to show me and when he pulled gate out it was jammed. His face turned so red. I refused to close any apc and rarely pushed or pulled when I was at work because when you go to grab them many are faulty equipment and don't work. I already have neck, shoulder, and arm injury. I was never bothered after that and others did it. I did have an fce which also seems to carry more weight with restrictions, more than just a Dr. putting a specific weight. Anyway that was my experience
10144
jimpostalPerson was signed in when posted
12-12-2013
09:28 AM ET (US)
Reluctantly I accepted a new modified job offer. Now I am having second thoughts. If the offer says I can push empty equipment for 1 to 2 hours per day (see other post for question regarding weight) it has been said, and I am concerned that, I could be sent to a different office to move around empty equipment. I have been told that I could be sent somewhere within 50 miles to do this apparently even for a partial day - where I work say six hours at my home office and then drive 45 miles to another office to move empty equipment around for two hours.

Has anyone had any experience with this? Would I get paid for my time to drive to the other office? Please keep in mind that I am a clerk and not a mail handler.

Any input advice or experience on this matter from anyone?
10143
jimpostalPerson was signed in when posted
12-12-2013
09:21 AM ET (US)
Has anybody had any experience with restrictions regarding pushing equipment? At the Post Offices insistence I asked the doctor to set a limit. He wrote that I was limited to 30 pounds. Now the Post Office is asking does this mean 30 pounds of force, no more than a 30 pound piece of equipment - and in typical Post Office style - if the doctor says I can push 30 pounds - they will want me to do it at maximum level all day. Doctor is getting annoyed at the constant revisions I am asked to make and says that if the Post Office keeps demanding more specific qualifications he will likely me have me go through a complete FCT (functional capacity test). I don't really want to do this. I just want something clear that I can present.

To those of you who have restrictions concerning pushing carts etc. what did your doctor restrict you to? Is it some measure of force or gross weight of cart/equipment?
10142
etPerson was signed in when posted
12-12-2013
12:44 AM ET (US)
dogged try being home for two plus years and not getting payed. bad dr. and even worse owcp. I just received
ss, still awaiting opm, and owcp not making any payments. all I wanted to do was go back to work.
10141
doggedPerson was signed in when posted
12-11-2013
02:07 PM ET (US)
Not to be cynical, I wish they would pay me to sit 8 hours. I only work 4 hours a day and trying to get additional hours because I cannot pay my mortgage and more. I will take the 8 hours of sitting and being able to pay bills than what I am doing. Sorry for being a downer...
10140
SnowedPerson was signed in when posted
12-11-2013
10:14 AM ET (US)
It is also not mentally nor physically healthy for a person to do that. If you got a doctor or psychologist to agree and write a restriction against it, then they would not be able to do that.
Edited 12-11-2013 10:16 AM
10139
SnowedPerson was signed in when posted
12-11-2013
10:11 AM ET (US)
If they have work for you to do, yet they are making you sit in order to punish you in some way then that is disability discrimination. The union or at least the national union should be familiar with this tactic.
Edited 12-11-2013 10:12 AM
10138
SnowedPerson was signed in when posted
12-11-2013
09:59 AM ET (US)
carrier12-
That is a grievance/EEO issue. Talk to the union.
10137
carrier12Person was signed in when posted
12-11-2013
09:37 AM ET (US)
Thank you snowed. There was no job offer. I case and carry 6hrs and give away 2hrs. PO wants me to come in and just sit in a chair for 8hrs to be spiteful. PO doesn't understand why I can only work 6hrs and not 8hrs.
10136
Jack AlvarPerson was signed in when posted
12-10-2013
10:55 PM ET (US)
Thanks snowed i'll do that
10135
SnowedPerson was signed in when posted
12-10-2013
08:12 PM ET (US)
carrier12-
If the doctor says 6 hours then it is six hours, sitting or not. Yes they can do this but must still present a suitable job offer.
10134
carrier12Person was signed in when posted
12-10-2013
03:32 PM ET (US)
Was told today by my PO she would bring me in to sit everyday for 8hrs. This is in response to my dr order of working only six hrs a day. Can they do this?
10133
SnowedPerson was signed in when posted
12-09-2013
05:04 PM ET (US)
Jack Alvar-
Regardless of whether you worked outside of your restrictions, you have cause for a new claim. I would file a new one since your continuing to work made your condition worse. It is actually YOUR responsibility to follow your doctors orders, so I would keep the argument out of your new OWCP claim. Just state the facts of job duties and subsequent aggravation of injury.
Edited 12-11-2013 09:57 AM
10132
Jack AlvarPerson was signed in when posted
12-09-2013
03:56 PM ET (US)
I'm new to the forum, i need to get pointed in the right direction if anybody can help. Ive been out of work for 2 two years (On the job Injury) with no pay, my Dr put me on lite duty w/5lbs restriction because of a torn rotator cuff. I was on assignment in a different office then my regular duty station, my arm was getting worse and i was in allot more pain because they were working me out of my restrictions. i went back to my Dr he then put me on TTD pending surgery. OWCP stopped paying me because my Postmaster from My regular duty station said he did not see me working out of my restrictions and turned his statement into OWCP and a co-worker did the same. 1st I wasn't working under that Postmaster I was on assignment in another office, the supervisor in charge of lite duty at the office i was working at told my union that yes she worked me out of my restriction because she had no other work available, 2nd when they questioned the co-worker he said yes he did see me working out of my restrictions, he said he wrote the other statement because he felt pressured by management. My union said the supervisor is not going to give a statement in writing against her self, and management turned down a grievance filed by my Union. Management approves or dis approves grievances against there selves? so who else can i go to to get paid or who can i file a complaint with for the Postmaster and a Employee falsifying documents that lead to my compensation being denied?
10131
neicePerson was signed in when posted
12-09-2013
01:25 PM ET (US)
Snowed - Oh, I know.
10130
SnowedPerson was signed in when posted
12-09-2013
11:32 AM ET (US)
neice-
I wouldn't want to scare someone into not putting in a claim. If there are other work related physical condition then it is not so easy for OWCP to just "dump" you. I just knew my emotional health was fragile and did not want them messing with me. It also helped that my emotional condition pre-existed my last injury, so they would have to consider those restrictions in any job offer. A person should think it through themselves.
10129
neicePerson was signed in when posted
12-09-2013
09:21 AM ET (US)
Snowed - I know. I think emotional claims help owcp nail claimants to the wall and dump them off the rolls.
10128
SnowedPerson was signed in when posted
12-08-2013
08:50 PM ET (US)
neice-
Yes I agree. I chose not to further pursue having my stress claim accepted by OWCP for that very reason of not wanting OWCP doctors to mess with my head. It can be very costly care however and one has to weigh out the pros and cons themselves.
10127
neicePerson was signed in when posted
12-08-2013
05:49 PM ET (US)
on my way out - Geez, she sounds like the witch I had to file an EEO against. Mine still is not resolved, fortunately my witch left my station though.

It sounds like you could file an emotional claim with owcp if part of your EEO has been settled where the witch is suppose to treat you with dignity & respect & the two other things. If you've been going to a psychiatrist or decide to go to psychiatrist for anxiety, depression & damage she has done to you, you could have a chance at owcp accepting it.

The only bad thing about emotional claims is they can be like a double edged sword if you do plan on working some day. Also, if owcp sends you to one of their hacks for a 2nd opinion it's probably easy for their psychiatrist to say you're cured. But, it's up to you if you think it's worth it.
10126
on my way outPerson was signed in when posted
12-08-2013
05:29 PM ET (US)
Niece: Filed EEO in 2011, we settled in dec of 2011. Supposed to treat me with dignity and respect, and 2 other things. In september of 2012, filed another EEO, as she not only went against the 3 things we settled on, she did about 4 other things on top. I also did a "breach" on the 2011, after the 2012 EEO. I did a 600 question deposition in November, on the 2012 EEO. I made SEVEN claims against her on that one. I just sent off a 12 page 90 question deposition on the breach. So yes, I have definitely filed EEO's on her. Part of my settlement on the breach is for her to be reassigned to another station, as I have 4 statements from carriers on her hostility and violence towards me. I have another 14 statements on a lie she swore to, so I am praying to get her out so the others get no retaliation. She's already shown retaliation, so I hope they see it is a justifiable request. If not, ?? My lawyer won't let me retire until both cases are settled. So, I can't work until I win the EEO, and I probably won't see the end of the EEO for at least another 3 years. In the meantime, I can go on workers comp for my back and right hip. I guess the best way to go.
10125
SnowedPerson was signed in when posted
12-08-2013
12:15 AM ET (US)
on my way out-
Stress claims are difficult when they rest solely on a persons reaction to administrative actions. Your doctor must connect it to specific work duties. If you filed an EEO and won then the first scenario would be easier.
10124
neicePerson was signed in when posted
12-07-2013
04:48 PM ET (US)
on my way out - I haven't been following your posts so I don't know if you've filed an EEO for disparate, harassment, & discrimination, but that sounds like something you could look into also.
10123
on my way outPerson was signed in when posted
12-07-2013
04:17 PM ET (US)
Niece: Thx for your answers. I have survived: alchoholic mom married 8 times, raised my sister and 2 brothers, the death of my twin son at 2 months, 14 months later, my newborn daughter had 10% chance of surviving when born (Now she's a legal assistant), my twin daughter was in a car accident, she almost died and turned 16 in the hospital with 40% of her body being burned, almost raped twice, and I can't handle this woman????? I cannot or don't understand it. Maybe someday I will. But I know one thing, I will go to the Supreme Court if I have to stop her. About 9 months ago, while at break, someone said I was weak in a conversation, but another in the group spoke and sad how could I be weak, at least I was standing up for my rights. How true, maybe I'm not weak, just trying to use what I have at my disposal. It really wears on you though. She knew exactly what to do so she could fly right under the radar. Maybe her wings will be clipped.
10122
neicePerson was signed in when posted
12-07-2013
09:57 AM ET (US)
on my way out - If you're trying to call in sick, why don't you call the 1877 number instead of calling the office & hearing her voice?

The Cutler Rule - Compensation is payable when it is shown "the disability results from claimant's emtional reaction to the claimaint's regular job or specifically assigned duties or to a requirement imposed by the employment. The Cutler Rule indicates when an employee has experienced emotional stress in carrying out his or her employment duties, or has fear or anxiety regarding his or her duties, a resulting disability is considered to have arisen out of and in the course of his or her duties.

Lee Ryan, 40 ECAB 812 (1989) - Anxiety and stress attributed to a claims representative's strenuous case load with increasing pressure and harassment from her supervisor, with psychologist's diagnosis of anxiety reciting the specific work conditions, was sufficient to support a claim for an emotional condition.

on my way out - Personally I think it would be better for you to see a Psychiatrist, MD instead of a psychologist because psychologists aren't medical doctors usually. You don't want to lose your claim on a technicality.
10121
on my way outPerson was signed in when posted
12-07-2013
01:01 AM ET (US)
Hi Snowed: Just finished 2nd round of EEO paperwork for Florida. This is the breached one from 2011. I haven't been paid since October 28th, as I finally ran out of leave. I noticed after doing last set of paperwork, nerves Really bad, due to Supervisor that caused all of my nervous breakdowns. Just wondering, can I make a workers comp claim on this. I swear, when I call to the station and she answers, I hang up and literally start shaking. Would this be ptsd?? I could never work for or with her ever again, and I know she has scarred me for life. THX!!!
10120
SnowedPerson was signed in when posted
12-02-2013
11:16 PM ET (US)
rivkah-
If all the running around makes any of your conditions worse including the non work related conditions, file a new claim. Aggravation of a non work related condition, is a new on the job injury.
10119
SnowedPerson was signed in when posted
12-02-2013
11:12 PM ET (US)
John828-
Thanks
10118
SnowedPerson was signed in when posted
12-02-2013
11:12 PM ET (US)
rivkah-
You can refuse any job that puts you outside of your doctors restrictions. If you drive 30 minutes to work, you cannot drive anymore if that is your restriction. Be careful.
10117
John828Person was signed in when posted
12-02-2013
04:01 PM ET (US)
Snowed Ref: 10111 n 10112. FYI, D/R check from OPM will be payed on first business day of month. It is for previous month. Ex: Check payed on Feb.3,2014 would be for Jan 1-Jan 31. So for me, January check will be for 12/14-12/31.
10116
rivkahPerson was signed in when posted
12-02-2013
11:10 AM ET (US)
Snowed: The union will give me no help. The APWU has an MOU w/ USPS that makes it almost impossible to place injured employees in new rehab jobs. It has been fought & won in arbitration by NALC more than once but the APWU won't give up. They want all work in bid jobs. This MOU puts rehabs at the level of PSE'S.

My restrictions are numerous including not traveling more than 30 min ea way to work. I've had a lot of training over the yrs & in my old office did alot to help the pm. I can only do sedentary work but there is still plenty I can do to be productive. I'm supposed to have an ergonomic desk setup which was moved to the new office minus the computer & cart which makes it harder & more painful to do computer work. I requested they be moved also but refused. I have other conditions which began after the oji which cause chronic pain & fatigue. The situation in the new office is making all this worse. Now they want to start sending me to several different offices per day doing who knows what. They aren't even giving me a job offer that I can send to OWCP.

Can I refuse to be sent all over? Injury Comp keeps giving me the run around. I'm more worn out than mad.
10115
SnowedPerson was signed in when posted
12-01-2013
08:08 PM ET (US)
As far as OWCP goes, the only thing that matters is if the job offer falls within your medical restrictions. You would have to pursue grievance for they not following the ELM. Be careful, they are trying to make you mad...don't let them or you could lose your job.
10114
rivkahPerson was signed in when posted
12-01-2013
05:16 PM ET (US)
I am in the Central PA District. I also went through the NRP. Had hours cut and eventually given back late 2011. I have been in a perm rehab position since 1998 in the same office with basically the same duties. I am a ftr clerk & reached mmi yrs ago. I have 27 years in. There is only 1 other ftr in that office & ptf went out on disability. I was excessed in June to an office 1 1/2 hrs from home w/ no actual job offer & have driving restrictions for no more than 30 min ea way. I fought tooth & nail to keep from being sent there & still keep working. They threatened to fire me if I didn't go. At eeo mediation they offered me a temp position closer to home supposedly to keep me working while they looked for something else. My 50 was cut for the office outside my restrictions. I've been staring at the walls at the temp office for almost 6 mths. My formal eeo is still being investigated.

My supervisor spilled the beans a wk ago thinking an email was meant for me & I would have to reply. It was for the pm. Tomorrow the district is starting a new program that the union doesn't even know about. It's supposedly a "big secret" according to the pm. He said that because there isn't enough work in my office for my 6 hrs I will may be sent to several offices a day to do whatever work is available supposedly w/in my restrictions. We all know how that works. The clerk union has been useless through the whole thing & has sold injured employees down the river. They are trying to tell me it's contractual. As an mmi perm rehab ftr can they do this. Don't they have to give me a formal job offer for a medically suitable position according to owcp rules? They're obviously ignoring the elm 546 & el505. Any suggestions or info would be welcome.
10113
John828Person was signed in when posted
11-29-2013
06:09 AM ET (US)
Snowed: Thanks! Just trying to figure finances for upcoming year.......
10112
SnowedPerson was signed in when posted
11-28-2013
11:57 PM ET (US)
John828-
Not sure.
10111
John828Person was signed in when posted
11-28-2013
06:09 AM ET (US)
Snowed ref: 10109 So would 1st payment be for 1/2 month or 1 1/2 months? In other words, is payment on 1st of month for previous month or current month? Thanks!
10110
SnowedPerson was signed in when posted
11-28-2013
12:15 AM ET (US)
on my way out-
You will have to decide which one to go out on. You could possibly claim a schedule award for the upper extremities after you are healed from the shoulder surgery. If your lower extremities are impaired on only the hip/lumbar disc claim, then you can claim a schedule award on that claim. If you claim wage loss on the 2 herniated cervical and thoracic vertebrae, then you may be also able to claim the SA for the lower extremities at he same time.

Happy Thanksgiving All!!
10109
SnowedPerson was signed in when posted
11-28-2013
12:08 AM ET (US)
John828-
You should get a pro rated pmt
10108
John828Person was signed in when posted
11-27-2013
12:32 PM ET (US)
If last day on USPS rolls is the 13th of month, does OPM D/R annuity begin on the 1st of following month? What happens to the time from the 14th to the end of the month?
10107
on my way outPerson was signed in when posted
11-27-2013
08:58 AM ET (US)
Great morning to all: Hi Snowed: I have 2 herniated discs in neck, and 3 in thorasic on one claim. Thats the one with dr H. I have pulled muscle on right hip and 2 herniated lumbar disc with Dr C on another claim, along with tore right rotator on another claim with dr c. Do I need a 'hall pass to go to dr, even if I'm not working?? My april grievance fo COP had to go to DRT. We had won grievance and they wanted to give me 500 and pay me the cop. I wanted the other 6 or so whom also had been denied to have a Citeable grievance so they could get paid. We won in DRT, and the others were able to cite mine and most have been paid. I am going on workers comp, just dont know which case to go on workers comp. All 3 have me off duty. I am having surgery the end of the year on shoulder. Before I forget, I pray all of you have a GREAT thanksgiving!!! Tomorrow when we say our prayer of thanks, believe me, all of you will be included, as yall are great, TTHHXX!!
10106
carrier12Person was signed in when posted
11-27-2013
07:02 AM ET (US)
Thank you for the information. I did not receive a copy so I will request today.
10105
SnowedPerson was signed in when posted
11-27-2013
01:42 AM ET (US)
http://owcp.lettercarriernetwork.info/Cont...derson%20Letter.pdf
10104
SnowedPerson was signed in when posted
11-27-2013
01:38 AM ET (US)
http://www.law.cornell.edu/cfr/text/20/10.506

The law applies to the employer not OWCP.
10103
backrackPerson was signed in when posted
11-26-2013
10:48 PM ET (US)
Can OWCP call and question the Dr. or does it have to be in writing with a copy to me?
10102
SnowedPerson was signed in when posted
11-26-2013
12:56 PM ET (US)
carrier12-
Yes they can but only by letter and you must get a copy.
10101
neicePerson was signed in when posted
11-26-2013
09:44 AM ET (US)
on my way out - Sure, his insurance told you to file on your insurance. If he's a doctor, he sure isn't gonna be that stupid and have limited insurance. He probably has insurance up the wazoo. Good luck!
10100
carrier12Person was signed in when posted
11-26-2013
07:18 AM ET (US)
Hello. Can anyone tell me if my supervisor is allowed to contact my dr. questioning my restrictions? I have an accepted claim with the DOL for months now and have been on 6 hr restrictions.
10099
SnowedPerson was signed in when posted
11-26-2013
12:42 AM ET (US)
on my way out-
Are all the herniated discs on one claim? I am trying to determine if you would be eligible for any schedule award if you will be collecting wage loss. You may have to wait to you switch to retirement as you cannot get wage loss and a schedule award for the same claim or on a different claim if the claims include the same parts of body. Yes you can get a schedule award after retirement. If it is a monetary award you are looking for...that is called a schedule award....a doctor will determine if you have reached MMI during your impairment rating exam.

What happened to your claim for wage loss from the April incident? Where is that at?
10098
on my way outPerson was signed in when posted
11-25-2013
11:25 PM ET (US)
neice, left shoulder had already started hurting due to taking up slack for right, but car wreck did it in. I am just going to claim on my insurance. Guy that hit me totaled brand new ford flex pushed me into toyota that got totaled, and supposedly my insurance is going to let me know if my honda pilot will be totaled also tomorrow. Guy didn't have hardly any insurance. His insurance told me to file on mine. Believe it or not, e was a doctor that lives in a 700,000 house, but very shy on the insurance.
Snowed. Body parts affected have been both legs, arms, hands, fingers, and my doctor took me off ALL anti-inflamatories, not even aspirin, due to possible kidney problem, due to medication I've been on, due to injuries. Also bladder. So, I should be asking for scheduled award, instead of mmi?? Can you get this if your retired?? So please tell me I do not have to turn in STUPID hall pass.??? Again, TTHHXX to all!!!!!!
10097
SnowedPerson was signed in when posted
11-25-2013
02:23 PM ET (US)
Only doctors visits count for the CA-17's.
10096
SnowedPerson was signed in when posted
11-25-2013
02:19 PM ET (US)
You are collecting SSD now but even after you begin receiving wage loss you will still qualify for at least some SSD.
10095
SnowedPerson was signed in when posted
11-25-2013
12:11 PM ET (US)
Also many doctors think once they rate you mmi, you do not qualify for further treatment. This may be the case with Dr H. He is treating you for 7 herniated discs...you will never be done with treatment...that does not mean you cannot get a schedule award at some point during treatment. So instead of constantly referring to MMI as the best thing for you it is better to refer to the desire to get the schedule award.
10094
SnowedPerson was signed in when posted
11-25-2013
12:07 PM ET (US)
on my way out-
Only direct questions first: Which body parts are effected by the 7 herniated discs? Is it legs or arm or both? Are any other organs of the body effected, like lungs, sex organs or anything else?
10093
neicePerson was signed in when posted
11-25-2013
09:04 AM ET (US)
on my way out - You said you hurt your left shoulder also in the car accident. You should claim that with the guy's insurance who hit you.
10092
on my way outPerson was signed in when posted
11-24-2013
10:58 PM ET (US)
Snowed: Sorry I didn't answer correctly. I am not collecting YET. I just got my first payment from social security disability, and I know that I have to notify OWCP of collecting from Soc Sec Dis. I am planning on collecting from workers comp, and not soc sec dis, as I feel it ifs more financially advantageous. Don't know which one to file workers comp for. I can file for either right shoulder or lumbar and right hip, or the 7 herniated discs. If I file for workers comp on my shoulder, it will only be paid until about May, that is when it will be healed and I will be released back to duty. I was considering filing on lumbar and right hip, as the doctor has me out on that one also, and that is the one I currently also go to therapy also for, or I can file under the 7 herniated discs. Please advise. The lawyer I have is for the eeo that I have 7 claims against the supervisor for, nothing to do with any of my workers comp, social security disability, or my car wreck. Will leave workers comp claim off for left shoulder, and just use my insurance. I have more than enough headaches right now anyway, and agree too much hassle. Am I wrong in wanting a mmi? Do you think Dr. H for the 7 herniated discs has just been stringing me along to get extra money?? Do I have to fill out a "hall pass", if I'm not working?? Stupid thing I have ever heard of. Pure harassment in my books. On the faith stuff, I write a lot of poetry, and 90% of the time, I try to give God credit, as he gave me the talent, I am just a servant of his, and always will be until he deems I've finally earned a place with him. Until then, I try to never give up.``
10091
SnowedPerson was signed in when posted
11-24-2013
10:27 PM ET (US)
Make sure the doctor who does the impairment, knows how to do one with OWCP standards in mind according to the AMA 6th edition.
10090
SnowedPerson was signed in when posted
11-24-2013
10:25 PM ET (US)
on my way out-

You didn't answer my direct question....which claim are you collecting on now?

You have a lawyer, but I will do my best to give you a bit of insight. If you are collecting comp for the right shoulder, you can collect a schedule award for the lower extremities due to other injury at the same time. It does not matter that your own doctor does not have you at MMI as long as there is no treatment in your future that can improve your lower extremity condition dramatically that you are opting for. Find a different doctor who does impairment ratings and set up an appointment.

I don't know where you get the idea you can't get MMI after retirement...that is wrong.

As far as your left shoulder goes, unless your doctor can definitely say your left shoulder is still work related, then give it a go, but if the claim is that overuse of your left arm caused the injury due to the right arm being injured then you would have a consequential injury and that gets added to the right shoulder claim via a letter requesting it be added to your claim along with a medical rationale letter by your doctor.

Having the car accident could complicate things. Often once an accident happens like you had after a work injury, OWCP often finds ways of getting their own doctors to say it is no longer work related.

If you were working and the work is the cause of the left arm pain then you could have a CA-2 claim. It will really depend on the medical explanation from your doctor.

I am with you on the faith stuff...couldn't survive without it.
10089
on my way outPerson was signed in when posted
11-24-2013
08:43 PM ET (US)
Snowed: My left shoulder had been hurting for quite awhile before the wreck, in fact I was thinking of filing a CA 2 on it, as the overuse due to the right being injured. In accident, it did it in. Tomorrow I'm going for an mri on it. Should I file it under workers comp, or leave it with the guys insurance that hit me.?? I'm so sorry, I must be the MOST confusing person you've ever had to deal with. Believe me, no one has any idea how confused I get, and I'm the one who knows about all that is happening.
10088
on my way outPerson was signed in when posted
11-24-2013
08:35 PM ET (US)
Thx for responding Snowed. I'm trying to eventually retire, and I have heard once you do, you can't get an mmi. I guess I hear about all of these people getting mmi's, and getting checks, and I'm like, ok, my turn. Stupid right??We had a station manager at one of our stations, where they were picketing at every month, so they had our station mgr trade with him. You guessed it, he went from a level 19 to a level 21. I had went last month to get a CA-17, and he was furious that I am out and have been out since April. He told me "You can't do ANYTHING here? I responded that I have 2 different doctors that put me out for my injuries until I get better. Then he decided to give me a 'stupid hall pass and told me I MUST have one done everytime I go to the doctor. I go to therapy 4 times a week, not counting drs visits, evaluations, etc. I am not even working, or have been. Steward said I must comply. ?? I can go on workers comp pay for either my right shoulder, lumbar and right hip, or my other 7 herniated discs that were paralyzed in 2011. I am opting probably for the lumbar and right hip, as I am going to have surgery on December 30, 2013 on my right shoulder. It will be healed by May. I can stay out quite awhile on my lumbar and right hip, or the herniated discs. My lawyer will not let me retire until my eeo case with the 7 claims gets resolved. He's not going to settle for anything else than the max for what the supervisor put me through. He is also going to make them supply me with money to go to college for a 4 year degree after what she put me through. Over 100 breakdowns, seen, yet, so many more behind closed doors. When I had my wreck, my lawyer said I really damaged my case. Not at fault, and nothing I could do. So I may not retire for years. I'm almost 61, with 27 years in. I plan on retiring by the end of 2014, if at all possible. If not, May of 2015, which will give me 29 years, and I'll already be 62. I just try to take life one day at a time, and treat others as it is their last day. I lost my son when he was almost 2 months old, my daughter almost died 14 months later when she was born, then my oldest almost died at 15 from a car wreck. Thought I was going to have smiles and laughter alot after all of that. I am very thankful for the time God does give me on earth, I just wish at times, I could just relax a little, and not be in a crisis constantly. I am writing a book right now on the post office right now titled, "They can't do that, can they? I'm not concerned if it is a best seller for the money, but rather so that the general public gets an idea of the crap we have to go thru daily. Yesterday I went to the altar at church, said my prayers and thx and went back to my seat. We were all standing and signing while the few were still kneeling and praying; when I spotted a lady cradling a boy about 8 or 9. His little heart was broken and was sobbing, all the time she was whispering to him, kissing the top of his head, and stroking his hair. I felt a flood of worries go out of my body, as I watched what they were going through, yet so much heartache. He's just starting his life of disappointments and sorrow, and I prayed to God not to allow his pain and sorrow to surround him all his life, but rather strength and courage to be able to overcome. Just as he has given to us all. Sometimes we just don't realize it. Maybe that should be the title, Strength and Courage. Your "postal family" grows much smaller when your not working, but at least closer.As usual, thanks for listening, reading, and advising.
10087
SnowedPerson was signed in when posted
11-24-2013
04:41 PM ET (US)
on my way out-
Wow, you have a lot going on. No I would not change doctors. Staying on worker's comp can be quite a bit of work just keeping up with all the medical. Why the rush to be mmi? Just keep going for treatment as your doctor orders. If you are still an employee of the USPS, you will need to submit a CA-17 every time they ask for one. A time slip for what? There is no need to give the USPS any details of your medical other than the CA-17 when requested.

Which injury are you collecting wage loss for and what body parts are effected?
10086
on my way outPerson was signed in when posted
11-24-2013
12:09 AM ET (US)
I apologize for all for the LLOONNGG message I just submitted. I need help, and haven't been in the right thought process for awhile, as I had hit my head a few times during the wreck, and I can't take any anti-inflamatories, so the migraines have finally started to slow down a little. Thx for your patience.
10085
on my way outPerson was signed in when posted
11-24-2013
12:06 AM ET (US)
Hi all: Snowed, this is a question I have for you. In 2009, I had an injury that resulted in right hip and 2 herniated discs in lumbar and started seeing Dr. C. Summer of 2011, I practically begged supervisor to stop having me case 2 routes daily, as my spine felt like it was compressing. She started having me case 3 routes. I became temporarily paralyzed and put in claim for 2 herniated discs in neck, and 5 in thorasic area of back. They had fired workers comp specialist at my first claim, so I went to new clinic for this injury. In 2012, doctor H and therapy clinic parted ways. I stayed with doctor H as he kept telling me how great his ratings were for mmi. Now I just see doctor H at another location. I am already on meds from a previous injury, so I need no meds from him. I continually asked him for a mmi, and they put me through an excrutiating emg in January, as they did my whole body at one time. In the meantime, in April I tore my right rotator cuff and go to lumbar and right hip therapy. Last month I asked Dr. H about mmi, as the emg specialist even told me I had a lot of damage. I constantly have tingling down both legs and arms, also at times pain and stabbing, and was told I have only met 2 of the 5 requirements for an mmi. Then out of the blue, he asked me if I had found a place for therapy yet. HUH?? He hadn't mentioned that to me since he left the other place. Now he wants me to go to the therapy? I feel I'm just a check for him, as I should have gotten an mmi already. Then I asked Dr. C for mmi on hip and lumbar, as it has been 3 years since last one, and I know I'v gotten worse. All of a sudden, they put me back on therapy plan. Dr. C from lumbar and hip wanted me to go for emg and I gave them copy of emg from Januarys emg, and now they are saying it showed no change.??? Then in October, Are you ready for this Snowed, I was leaving lawyers office, and going back after therapy as we had a 600 question deposition I had to fill out, when my major accident happened 2 blocks away. I had turned in EEO against supervisor with 7 claims. It came back from Washington that Washington cited violence on the workroom floor, I was working in a hostile work environment, and my disability rights were violated. My car totalled by guy going 60 and slamming into left backside of my honda pilot, no braking. Dr. C office called me in emergency room they wanted me to go for new emg. I am going on monthly roles with OWCP now. I just got my first ssd check. I'm going monday for mri of neck and left shoulder, probable tore rotator cuff on LEFT side.I am going for surgery on right shoulder December 30, and prayfully, I will be done with therapy by April. YEAH!!! When I go to 2011 injury doctor in December, should I just switch my case over to one whom has my other 2 cases? Should I give up on all of them??? Why no mmi??? When i am on owcp rolls, do I still have to turn in CA-17 to my station?? Also, new station manager wants me bring him the "time slip", showing my comings and goings. Do I have to turn one of those in?? As usual, HELP, HELP, HELP, and THX THX THX for what you know and do!!!
10084
SnowedPerson was signed in when posted
11-21-2013
09:39 PM ET (US)
bobby-
nothing. If you are chronic you should never be released from your doctor.
10083
bobby bakerPerson was signed in when posted
11-21-2013
09:29 PM ET (US)
Hello. What. Happens. If. Your. 65 and. Still not. Released. From my. Dr
10082
SnowedPerson was signed in when posted
11-19-2013
08:37 PM ET (US)
Robert-
Do you mean in filing for the original injury?
10081
SnowedPerson was signed in when posted
11-19-2013
08:37 PM ET (US)
bobby-
If you have a permanent impairment to a scheduled member of the body. You do not have to be released by your doctor.
10080
bobby bakerPerson was signed in when posted
11-19-2013
07:47 PM ET (US)
Can I get a scheduled. Award. If. Injury. Never. Mends. Right. And. Not. Released by dc
10079
Robert KrausePerson was signed in when posted
11-19-2013
02:07 PM ET (US)
I was injured in August and have subsequent shoulder surgery...I have been given run around after run around. I have filled out many forms over and over...and today was told no one has any of the forms. I have certified receipts for the copies I mailed. My question is...what exactly are the names/numbers of all the forms I need to fill out and to whom do I send them.
10078
SnowedPerson was signed in when posted
11-18-2013
09:40 AM ET (US)
Impalabob-
Did the med clinic record the shoulder injury? Is the injury made worse by your continued working? If your shoulder is made worse by the work you are doing, you would have a new claim, probably a CA-2 occupational disease claim. What you need to do is find a doctor not linked to the USPS and get an evaluation. Start making calls to find out who takes worker's comp. You can try feddoctor.com You probably want to see an orthopedic doctor. Make sure the doctor knows of any history with the shoulder, including the fall from the attack by the dog. You should also work on a statement of how your shoulder pain developed over time. Be very specific with details such as dates, time, what you were doing that increased the pain, etc. It would help to show this statement to the doctor but you will also need to send it into your case file once it is created. I would also send any medical again right to your file yourself so you know OWCP has it.

Make sure your doctor understands that because you went back to work and the work itself is causing more shoulder aggravation, you may have another claim besides the fall. If your shoulder is an accepted injury in the original dog bite claim, you may still be able to get treatment under that claim. If the shoulder is not listed as an accepted injury then you would have to get it added to the old claim but filing the new claim likely will be much easier.

As far as the work medical clinic goes, if you want to go there, make sure they know the current condition was part of the original injury so you do not need a CA-16. I do not like clinics under contract with the USPS as they are easily pressured by the USPS....so if you can avoid it.
10077
ImpalabobPerson was signed in when posted
11-17-2013
09:58 PM ET (US)
Snowed, Thanks for reply. Yes I did file ca1 back in june and was treated for dog bite also given tetnus shot in right shoulder which made it sore for several days masking pain from shoulder injury. I contacted usps injury comp person in july to tell them about continued pain in shoulder due to falling in dog attack. She instructed me to return to orginal work med facility for treatment. I contaced workmed for appointment and they would not see me without another ca16.So I asked my supervisor for another 16 form for a week and he failed to ever give me one. So I just continued working thinking it might heal on own and was tired of run around from everybody. Now it November still not better so I asked again last week for another ca16 from current postmaster since previous sup is detailed to another office. And she gave me a blank one unsigned or filled out. I am so confused about what to do and how to get treatment I do have a case number assigned by owcp can i just show that to a dr. of my choosing since 5 months have passed since date of injury?
Edited 11-17-2013 09:59 PM
10076
SnowedPerson was signed in when posted
11-17-2013
07:43 PM ET (US)
http://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/CA-810.pdf
10075
SnowedPerson was signed in when posted
11-17-2013
07:43 PM ET (US)
Oh and a CA-16 can only be given within the first 48 hours of a new injury claim.
10074
SnowedPerson was signed in when posted
11-17-2013
07:39 PM ET (US)
I don't recommend a work med clinic for a serious injury. Find a doctor in your area who takes federal worker's compensation.
10073
SnowedPerson was signed in when posted
11-17-2013
07:38 PM ET (US)
Impalabob-
Did you file a claim for the original injury? If not file a CA-1 now.
10072
lawnladyPerson was signed in when posted
11-17-2013
07:35 PM ET (US)
Brownbomber2 - I went ahead and had surgery, used my health insurance, because OWCP was taking too long for the approval.

My insurance company is submitting the bills to OWCP and, so far, OWCP has reimbursed the insurance company.

I didn't have the surgery because it was an emergency but because of a quality of life issue (I could hardly walk) and a necessity to work.

I am back to work as a lobby assistant; I was a city carrier. I hope to recover completely and return my job of record.
10071
Brownbomber2Person was signed in when posted
11-17-2013
03:52 PM ET (US)
Snowed,
Thanks. The biggest problem I see is if I go on my insurance to do this, then they can say I cannot work due to injuries incurred off the job or not related to my other injuries and stop my workers comp altogether. If that happens, I only have $1650 a month to live on and that just won't pay the bills. If they decided to be jerks like they have and deny me, I own those work related injuries for life. In my opinion they have to supply adequate medical care for my injuries and they have not done this. Trouble is, I can't force them and I can't find a lawyer who is interested in anything but my schedule awards that I have not filed for. I am really tired of fighting this, but I am stubborn enough not to quit. They transferred my case back to a real jerk named Boyd. The last time I talked to him over a year ago, he chewed my butt for calling until I told him to stick it and hung up. I never got him again, but he is back. I am going to check with a doctor tomorrow and another attorney. I am also going to file a complaint with the Inspector General and see if I can get some relief.
10070
ImpalabobPerson was signed in when posted
11-17-2013
07:47 AM ET (US)
I need some advice for on job injury. In mid june I was tackled and bit by 100 lb dog. Hit ground pretty hard. I reported injury and was treated for dog bite. I was pretty sore for few days but didnt miss any work. My right shoulder still has not healed think may have rotator injury. I reported this to injury comp office and was told to go back to work med clinic but they wouldnt see me without ca16. I asked postmaster for form and when i got back from street there was a blank ca16 laying on my case. Questions are should this for have been filled out or at least sighned by pm. Should i fill out new ca 1? Should I go back to workmed or make appt. with my family doctor instead? I am not sure family doctor knows how to deal with owcp. I guess i learned lesson about trying to be tough and just hope it heals up on own. I think i have actually made shoulder worse by continued work. Any advice greatly welcomed Thanks Also neighbor lady where dog got me witnessed it and saw how hard i hit ground and mail fly everywhere.
10069
SnowedPerson was signed in when posted
11-16-2013
09:59 PM ET (US)
Brownbomber2-
since your SSDI is reduced now because of you OWCP, if you are given a WEC rating by VR, Your SSDI would be adjusted to reflect your new WEC. Depending on your SSDI amount, you may lose very little or nothing with the WEC.

It is a little extreme to think you may go to jail by putting your surgery through your regular insurance. You do have a right to appropriate medical care and your insurance company can go after OWCP for what is owed to them.
10068
SnowedPerson was signed in when posted
11-16-2013
09:52 PM ET (US)
Rr01-
Your schedule award rating must include the entire limb wether work related or not and whether already rated or not. You should contact the doctor who gave you the rating and ask that the rating be amended to include the old shoulder injury.
10067
Brownbomber2Person was signed in when posted
11-16-2013
09:39 PM ET (US)
Has anyone else out there had trouble with the Kansas city office examiners, John Boyd or Alison Enick? If so, what type of problems?
10066
Brownbomber2Person was signed in when posted
11-14-2013
09:28 PM ET (US)
As I understand schedule awards. If you have received a disability rating of 15% previously for your upper extremity and received another rating of say 16%, you would only receive 1% for the upper extremity. I don't understand the rationale of them combining the elbow and shoulder. They are two different body parts, but it may be that you are only allowed for the arm as a whole. Here is a link that you might want to read, it tells about this in detail.
http://www.postalemployeenetwork.com/scheduled-award.htm
10065
rr01Person was signed in when posted
11-14-2013
06:13 PM ET (US)
I received S/A for my left shoulder (left upper extremity) 2005 15%. Now I have an impairment rating for my left elbow (left upper extremity) of 7%. Today My new CE told me , informally, that it would have to be over 15% to get anything. Like if it was 16% I would get 1% . Is this true? and where can I find this written?
10064
Brownbomber2Person was signed in when posted
11-13-2013
11:47 AM ET (US)
Yes, I am drawing compensation from OWCP and SS disability. This guy coerced me into filling this part of the paper out, by telling me that if I did not do so, my compensation would be stopped or greatly reduced. I am having the tape of the conversation transcribed today. I intend to take this up with the Inspector Generals office. If they send me to another one of their doctors, they will likely lift my restrictions or greatly reduce them. I went to an orthopedic doctor yesterday that does no longer take federal workers comp cases, but has a really sharp workers comp representitive. I told her that he was telling me to file this on my insurance to get it taken care of, even though I had two open federal claims. She confirmed to me what I already knew, that this is illegal.If I do this, I can go to jail. If I drop my claims, I own the injuries from now on and I am sure that is what this claims examiner wants. I am just worn out from dealing with these guys. I don't sleep more than 2 hours at a time because of my arms and hands going to sleep, waking me up. When I wake up, the first thing on my mind is these cases.
10063
SnowedPerson was signed in when posted
11-13-2013
12:28 AM ET (US)
Brownbomber2-
Please confirm you are receiving OWCP AND SSDI, correct?

As far as requesting a FCE...this can only be done by a medical doctor.
10062
Brownbomber2Person was signed in when posted
11-11-2013
04:40 PM ET (US)
Snowed, Just met today again with my rehabilitation specialist. He is saying that I have to go out and find work on my own, that OWCP does not find any jobs for me. He says that I have an allotment of $46.00 a week to travel up to 60 miles to find this work. The town that he is suggesting is 50 miles away and that is almost what it would cost in gas for a days worth of searching. He says that if I do not cooperate and even if I do, they will probably be reducing my benefits to $20K a year from what it is now. He wanted me to sign a form agreeing to this and then advised me to fill out a sentence saying that I felt that I needed a fitness for duty evaluation before I could take part in that program and not sign my name, but date it. I did this, but that to me is as good as a signature. I asked this guy straight out, if he was trying to set me up and he swears he isn't. My doctor just called and said that workers comp is denying any further tests on my foot because of the pain that I am having, that just started about two weeks ago. The comp guy says that OWCP is only going to allow me to use one case for disputing my rehabilitation program and that is the one on my shoulder. I have two other open cases, lower back and right foot. I think this guy is trying to play me and get his money for his part of the case and throw me to the wolves. I recorded the entire conversation with this guy without his knowlege, since Missouri law allows that and because he insisted on doing this in my house. I am not sure where to go from here. Do you have or does anyone else out there have any advice on what I need to do, before these guys cut my compensation?
10061
SnowedPerson was signed in when posted
11-11-2013
02:13 AM ET (US)
I am not home to check my ps50's. not sure.
10060
Brownbomber2Person was signed in when posted
11-09-2013
05:44 PM ET (US)
Snowed, sorry. It is my newest form 50 that was updated this past week.
10059
SnowedPerson was signed in when posted
11-09-2013
03:22 PM ET (US)
What kind of file?
10058
Brownbomber2Person was signed in when posted
11-08-2013
10:30 PM ET (US)
backrack, he wanted to meet at my house. He said what he needs to discuss needs to be said in private. I just don't have a good feeling about this guy. On another note, hopefully snowed is out and about tonight. Does anyone know what the following means. I posted this to the retirement page as well.
 
I just checked my personel file online and saw something about reassignment, Can anyone tell me what the following means? Next to number 57.Allowance code, it reads-M - CHANGING DES/ACT, OCC, Then at the bottom of the page it says,EMPLOYEE PLACED INTO 95723063. I have no idea what this means, I am hoping that it means I am closer to getting my disability retirement.
10057
backrackPerson was signed in when posted
11-06-2013
10:53 PM ET (US)
Brownbomber2 - I am in rehab also and was wondering where you were going to be meeting the VC at on Veterans day since that is a federal holiday? At your home? or at a fast food place or what?
10056
Brownbomber2Person was signed in when posted
11-06-2013
02:01 PM ET (US)
I contacted my congress representative, Claire McCaskill in reference to how OWCP is handling my case and seems to just arbitrarily deny my conditions and further treatment. I am now getting prompt responses, but some are threats of stopping my compensation if I do not comply completely with their work rehabilitation program. I wrote back to McCaskill's office and sent a copy of that letter. Today I got a 6 page form wanting to know everything about my improvement and any money that I have received for any work or voluntary work. More indications of termination of benefits if anything does not match what they have or think they have. I have 30 days to complete and return this. I also have another letter demanding more information from my doctor to expand my case to include my cervical spine, even though he has sent them the information three differant times. They say it was not done properly by him, I talked with his office yesterday and they do not want anymore to do with my case. His secretary said he strongly advises that I see a cervical specialist. I ecomped a letter to my claims examiner Ms. Enick and made them aware. I am trying to get into the Ellis clinic and told her I have a application pending to see their doctors. I have no idea what she will do next, but I feel like I just got a bigger bullseye on my back with these people. I am scheduled to meet with the rehabilitation guy on veterans day, I am a bit worried what he is going to hand me.
Edited 11-06-2013 02:03 PM
10055
shay3272Person was signed in when posted
11-06-2013
08:57 AM ET (US)
Thank you for answering my question. Yes I do have appeal rights.
10054
SnowedPerson was signed in when posted
11-06-2013
12:22 AM ET (US)
Also a suitable job offer must have a start date:
"2-0814-4 Offers of Employment
4. Offers of Employment.
a. Offer of Modified Duty by Agency. If the agency can provide alternative
employment, it will make an offer of light duty to the claimant. A job offer may be
solicited by the Rehabilitation Specialist (RS), Rehabilitation Counselor (RC), Staff
Nurse (SN), Claims Examiner (CE), or by the claimant.
(1) Any such offer must be in writing and must include the following
information:
(a) A description of the duties to be performed.
(b) The specific physical requirements of the position and any
special demands of the workload or unusual working conditions.
(c) The organizational and geographical location of the job.
(d) The date on which the job will first be available.
(e) The date by which a response to the job offer is required.
(2) The agency should also provide pay rate information for the offered
job. The agency should not include any information in the job offer regarding
election of OPM benefits, since obtaining an election is solely the responsibility
of OWCP. A copy of the job offer should be sent to OWCP when it is made
and the claimant's response should be provided to OWCP by the agency when
it is received.
If the job offer is made by a non-Federal employer, the RS/RC will provide the
information listed in items (1)(a) to (e), as well as pay rate information."
10053
SnowedPerson was signed in when posted
11-06-2013
12:10 AM ET (US)
shay3272-
did you receive appeal rights?
10052
RIKSNYPerson was signed in when posted
11-05-2013
07:56 PM ET (US)
/m10050 In Firefox, CTRL+F will open a search box.
10051
shay3272Person was signed in when posted
11-05-2013
07:07 PM ET (US)
I received a notice that from Owcp that I had 15 days to accept and report to a job. So when I contacted my Health and Resources rep she told me that was incorrect. She told me that you don't just show up at work. She told me when I accept the offer they will give me a date to come back to work. I faxed the paperwork in before the deadline. I got a letter in the mail today from owcp saying my benefits were terminated for refusal of suitable work. He included a copy of my acceptance of the job offer . It was accepted before the 15 days were up.
10050
SnowedPerson was signed in when posted
10-30-2013
03:07 PM ET (US)
FYI-
I use google chrome which has a "FIND" feature in the drop down in upper right hand corner. To find something in a document just insert a key phrase you are looking for. I inserted "social security act" and found what I was looking for easily.
10049
SnowedPerson was signed in when posted
10-30-2013
03:05 PM ET (US)
rr01-
2-1000-4 e
10048
SnowedPerson was signed in when posted
10-30-2013
03:01 PM ET (US)
gr8ful-
Not as far as OWCP is concerned. Contact the union and file a grievance.
10047
rr01Person was signed in when posted
10-29-2013
07:20 PM ET (US)
"e.social security act benefits--- Which chapter? I just looked thru 939 pages and couldn't find it.
10046
John828Person was signed in when posted
10-29-2013
07:06 PM ET (US)
Snowed Re: 10037 I found letter from 12/2010 where Dist Director told my Congresslady,"..it's noted that this is NOT a permanent light duty position. It is a temporary one." This was related to my inquiry about lwec, and emphasis was his!!! Looks like modified position will not be able to be used as "suitable" job! Thanks again for all your advice, and I'll keep you posted on how OWCP plays my departure!!
10045
rr01Person was signed in when posted
10-29-2013
05:48 PM ET (US)
thanks - snowed.
10044
gr8fulPerson was signed in when posted
10-29-2013
07:54 AM ET (US)
I asked this question a few days ago, but I think it got lost in the conversation. I need to know how long management has to respond to a change in work hour restrictions. I was recently medically approved to work 8 hours, up from the 4 hours I had been working. Management has had the paperwork for nearly a month now, and I haven't received anything from them yet. Are there time limits here?
Thank you very much.
10043
SnowedPerson was signed in when posted
10-29-2013
07:21 AM ET (US)
rr01-
It is number 2 below that applies in your case.
10042
SnowedPerson was signed in when posted
10-29-2013
07:20 AM ET (US)
"e. Social Security Act Benefits. Social Security benefits are payable concurrently
with FECA benefits, but the following restrictions apply:
(1) Social Security Act benefits paid for disability shall be reduced by thecompensation payable;
(2) In disability cases, FECA benefits will be reduced by the Social Security
Act benefits paid on the basis of age and attributable to the employee's
Federal service;
(3) In death cases, FECA benefits will be reduced by the survivor's
benefits paid under the Social Security Act attributable to the employee's
Federal service."
10041
SnowedPerson was signed in when posted
10-29-2013
07:16 AM ET (US)
"The CE should review the file carefully if the claimant is 62 years or older and is
under the FERS retirement system, since a FERS offset may be required. An offset is
not required for CSRS benefits."
http://www.dol.gov/owcp/dfec/regs/complian...CFolio/FECA-PT2.pdf
10040
SnowedPerson was signed in when posted
10-29-2013
07:13 AM ET (US)
RR01-
Because it does not affect regular SS...but it can affect OWCP payments. You would find that in the FECA manual.
Edited 10-29-2013 07:17 AM
10039
rr01Person was signed in when posted
10-28-2013
09:59 PM ET (US)
snowed- I have been researching every thing possible on ss website and have only found where owcp payments affect ss disability - not regular social security.
10038
John828Person was signed in when posted
10-28-2013
04:07 PM ET (US)
I understand. Thanks again for all your help!! Keeping wage loss entitlement is very important.
10037
SnowedPerson was signed in when posted
10-28-2013
03:16 PM ET (US)
In that case you would need to express willingness to continue limited duty if still available. It will not be.
10036
SnowedPerson was signed in when posted
10-28-2013
03:15 PM ET (US)
Technically you are retiring from your PS 50 job not your limited duty job. So you can argue your limited duty job was withdrawn when your disability was approved.
10035
John828Person was signed in when posted
10-28-2013
03:00 PM ET (US)
Snowed: Thanks! I don't mind the fight. as long as law is on my side, I'll see it to the end....
10034
SnowedPerson was signed in when posted
10-28-2013
02:54 PM ET (US)
John828- I gave you the link. I am not saying you won't have a fight but the law states that in order for penalty provisions to be used the job you abandon must be deemed a suitable job.
10033
John828Person was signed in when posted
10-28-2013
05:34 AM ET (US)
Snowed: Can you clarify why it's not suitable for abandonment 'issue', if I've been working 4hr L/D odd lot job for four 1/2 years? I do have letter where owcp said they could not do lwec based on job.
10032
SnowedPerson was signed in when posted
10-27-2013
09:28 PM ET (US)
John828-
The key is still "suitable" if it is not suitable for LWEC it is not suitable for the abandonment guidelines either. I do see what you mean though. You would have to send the SSA physician report to the USPS to see if they will still offer you work. http://www.dol.gov/owcp/dfec/regs/complian...nsmittals/index.htm
10031
Brownbomber2Person was signed in when posted
10-27-2013
09:10 PM ET (US)
Well, I finally got to talk to OPM and they told me my case has never been assigned to anyone. This lady seemed surprised and told me that she was escalating my case and I would be contacted about it on Monday. Not sure what that means, but it sounds promising. If you call, expect to spend a couple of hours getting through, unless you get lucky.
10030
rr01Person was signed in when posted
10-27-2013
08:44 AM ET (US)
Thanks snowed- I have had different jobs over the years so not all of my ss is attributed to federal service. I looked under ssa website but could not find the specific rule , do you know how I can find it?
10029
John828Person was signed in when posted
10-27-2013
01:41 AM ET (US)
Snowed: Here's the thing. I'm now running out my S/L until 12/13 w/approved D/R. I'm worried OWCP can say I abandoned work and cut off option for OWCP wage loss. They previously stated modified job did not qualify for LWEC, but abandoning work is different standard, correct? Even though job was 'odd lot and makeshift' board would say I abandoned work when I took D/R. Yet with SSA physician report I can say job was outside his restrictions. That his report was most current medical evidence, and I accepted his limitations!
10028
SnowedPerson was signed in when posted
10-26-2013
10:33 PM ET (US)
John828-
The medical could help but if your own treating doctor does not agree then you most likely trigger a SECOP. Since you are still under treatment your doctor could just tighten your restrictions and force the USPS to either modify your job offer or tell you to go home which would make a better reason for a recurrence.
10027
SnowedPerson was signed in when posted
10-26-2013
10:28 PM ET (US)
rr01-
Your OWCP will be reduced by SSA attributed to federal service.
10026
John828Person was signed in when posted
10-26-2013
03:20 PM ET (US)
Snowed: I am aware of your aversion to filing a recurrence of disability, but I have a set of cicumstances which may make it unavoidable. Question: Would a disability evaluation done by SSA for SSDI count as medical evidence requiring me to stop working modified job. Specifically, SSA's physician's work restrictions deem L/D duties outside multiple restrictions. Although he didn't see job offer or care about current work, he was evaluating 'disability' for SSDI.
10025
miss lucyPerson was signed in when posted
10-26-2013
10:03 AM ET (US)
Thanks Brownbomber2, I will look at the tsp site for the info.
10024
rr01Person was signed in when posted
10-26-2013
07:23 AM ET (US)
I just started getting regular social security -66 years old- while still working. What will happen if I get wage loss for recovery after an owcp approved surgery?
10023
Sue2Person was signed in when posted
10-25-2013
01:58 PM ET (US)
Backtrack: I have medicare A and B along with NALC health Ben.
It is great.
10022
gr8fulPerson was signed in when posted
10-25-2013
12:04 PM ET (US)
I have a quick question. Once I have supplied the USPS and OWCP with new job restrictions which increase my work hours from 4 hours to 8 hours, how long should I expect to wait for a new job offer? They have had the new orders for almost a month now and I haven't heard a word. Kind of puzzling, seeing these are the same people who have been harassing me to no end to increase my hours!
Thanks!
10021
Brownbomber2Person was signed in when posted
10-25-2013
11:05 AM ET (US)
miss lucy, I just got off of the phone with tsp and they told me that I would be able to do a hardship withdrawal of what I have contributed and would be taxed at 10% prior to separation from service. Once I separate, I can access both my contributions and employer contributions, but at a 20% tax rate. You need to go to the tsp site and access forms and publications, then fill out and print the TS-76 form to apply for a hardship withdrawal. This is all before the age of 59 1/2.
Snowed, do you have the telephone number to talk with OPM about my disability retirement application and when it might be approved or disapproved?
10020
SnowedPerson was signed in when posted
10-24-2013
08:57 PM ET (US)
backrack-
You can just take medicare part A which is free and choose the FEHBP. That is my plan. It really depends on your needs.
10019
backrackPerson was signed in when posted
10-24-2013
08:25 PM ET (US)
Hope this is okay to post here. Is anyone here on Medicare A and B and chose a plan from the FEHBP or do you just choose a Medicare advantage plan? Thanks
10018
miss lucyPerson was signed in when posted
10-24-2013
07:27 PM ET (US)
Snowed can you withdraw your TSP if your recieving SSD even though your not 59 1/2 and still on the rolls. When I called TSP sometime ago they said you have to be separated from your employer period.
10017
SnowedPerson was signed in when posted
10-24-2013
10:47 AM ET (US)
Yes, since you are SSD qualified, there is no penalty for early TSP withdrawl.
10016
Brownbomber2Person was signed in when posted
10-24-2013
09:12 AM ET (US)
Thanks Snowed! Do you know or does anyone else know about your TSP. If you are retired on disability, can you withdraw your fund prior to 59 1/2 without the 10% early withdrawal penalty? I could have sworn that I either read that or was told that by one of the women I talked with about disability retirement on the phone prior to filing the application.
10015
SnowedPerson was signed in when posted
10-23-2013
10:18 PM ET (US)
I called and the second time I called, the Rep escalated my case. I do not know all the standards for escalation but if you are hurting financially, that is one of them.
10014
Brownbomber2Person was signed in when posted
10-23-2013
09:30 PM ET (US)
Snowed
I noticed in an earlier post that you said you pushed OPM to get your disability retirement approved in less than a year. What exactly did you do and what can I do to speed up the process, it has been in the works since April, 2013. I have been on S.S. disability for 14 months now.
10013
neicePerson was signed in when posted
10-23-2013
09:13 AM ET (US)
your welcome - good luck!
10012
on my way outPerson was signed in when posted
10-23-2013
12:42 AM ET (US)
Thx a million Niece.!!!!!
10011
neicePerson was signed in when posted
10-21-2013
01:22 PM ET (US)
You will find the ca-17 information in the ELM 544.12 and 545.52.

It is up to management to give you a ca-17, if they don't, that's their problem. If you had a doctor's medical narrative stating your restrictions then that qualifies as your restrictions for usps & owcp.
10010
on my way outPerson was signed in when posted
10-21-2013
12:48 PM ET (US)
Hi all:, still on my way out. Am suffering ptsd due to filling out over 80 pages of deposition from one of my eeo's. I swear she gave me this. Been having nightmares the last 2 weeks when I go to bed at night. Stated in depo I had over 50 breakdowns from her in a 2 year period. Great job, huh? Anyway, she denied giving me a CA-17 for a traumatic injury I had on the floor when she was there. She said my case was denied and she wouldn't give me one. My case was on appeal, and she knew this, she just wanted others to hear so she could bully. In my depo I put she couldn't deny. I need to find in dol or workers comp where she has to give me one as it asks for documentation, but I cant find it. Please help. THX!!! I keep saying I can't wait for next year, because they say wait a year and you'll forget all the small problems.
10009
John828Person was signed in when posted
10-20-2013
04:25 PM ET (US)
Very interesting! Will keep it mind!!!!!!
10008
SnowedPerson was signed in when posted
10-20-2013
04:21 PM ET (US)
John828-
I was thinking about your situation and you could just stop claiming your OWCP wage loss if it is your plan to switch to DR anyway. You can then claim 8 hours of sick leave a day and use it up quicker. A job offer after OWCP wage loss ends is irrelevant. ie: they can only terminate compensation when you are receiving it.
Edited 10-20-2013 05:59 PM
10007
John828Person was signed in when posted
10-20-2013
04:21 PM ET (US)
Yeah, I know. I figure it doesn't matter much anyway, as I will be re-computed at 62 as if I worked 'till then. Correct?
10006
SnowedPerson was signed in when posted
10-20-2013
04:13 PM ET (US)
John828-
They will add half your sick time to your service credit anyway....that is if you are FERS.
Edited 10-20-2013 04:14 PM
10005
John828Person was signed in when posted
10-20-2013
04:04 PM ET (US)
Snowed: Thanks! I may re-think staying on rolls to 12/13. I may be able to end time at end of current pay-period. I'll keep you posted of any further developments. Thanks again!!!!
10004
SnowedPerson was signed in when posted
10-20-2013
03:38 PM ET (US)
John828-
I told the USPS I would get the restrictions as soon as I could get an appointment, then I pushed OPM to make a decision and got my retirement rather quickly relative to my inquiry as to why it was taking so long.(almost a year)

The USPS is having a tough time getting access to OWCP records so I guess that worked in my favor too. I had no sick time to use either. That does not mean I am free and clear from USPS job offers though it feels good, breaking free from that bond of employer/employee relationship!
Edited 10-20-2013 03:50 PM
10003
John828Person was signed in when posted
10-20-2013
06:43 AM ET (US)
Called his office. They will not respond to inquiry. With you, did anything further develop from USPS inquiry?
Edited 10-20-2013 06:44 AM
10002
SnowedPerson was signed in when posted
10-19-2013
11:40 PM ET (US)
John828-
I truly understand your concerns. I received a letter myself shortly before my DR approval from the USPS, looking for medical restrictions from one of my treating doctors.

Have you discussed this with your doctor? If not I would set up an appointment. The doctor does not have to respond at this point since the inquiry is not from OWCP.
10001
John828Person was signed in when posted
10-19-2013
11:27 PM ET (US)
Thanks Snowed. Can't tell you how much I appreciate shared info! Very scary time for me. Your help is GREATLY APPRECIATED!!!!
10000
SnowedPerson was signed in when posted
10-19-2013
11:05 PM ET (US)
They are issues related to suitability.
9999
John828Person was signed in when posted
10-19-2013
09:58 PM ET (US)
Snowed: One more item. FECA Manual Pt 2 does not list lack of permanence or classified postion as acceptable reasons for refusal. Do these issues only come up with potential LWEC? Or are they acceptable reasons for refusal of offer? Thanks for your continued attention!!!!!
9998
John828Person was signed in when posted
10-19-2013
05:44 PM ET (US)
No sales experience. Will do my best w/USPS n OWCP. I figure they're in cahoots on this!
9997
SnowedPerson was signed in when posted
10-19-2013
03:48 PM ET (US)
John828-
You can delay it as long as possible. I would make inquiries, after job offer with the USPS as to the job title and full description of classified duties. Are you qualified for sales? There is a lot of added stress with a job like that...
9996
John828Person was signed in when posted
10-19-2013
01:00 PM ET (US)
Snowed: So if I get an offer, then I forward to OWCP for suitablity? I can't refuse offer, but I'm not allowed to work either (drawing down S/L 'till 12/13/13).
9995
SnowedPerson was signed in when posted
10-19-2013
12:46 PM ET (US)
John828-
Many I have seen come just before OPM approves disability retirement. You can no longer cancel your DR once it is approved. So a job offer that does not include a new PS-50 job is out of the question for you, though they can scare you into refusing a bogus offer. That is why I asked if the new offer has its own classified position description. You still have protection as per your medical restrictions. Any job they offer you now must be declared suitable as to permanence, which includes existing job classification, and your ability to do all the core duties of the job.
9994
John828Person was signed in when posted
10-19-2013
06:34 AM ET (US)
Snowed: Do these b/s offers come before your last day on rolls? Or after you have retired? Seems you are in much weaker position after you retire and are no longer in craft(with L/D protections)!
9993
SnowedPerson was signed in when posted
10-18-2013
10:51 PM ET (US)
John828-
It happens more than you know. It is definitely part of their agenda. You have to know the rules so you have a chance at winning the game.
9992
John828Person was signed in when posted
10-18-2013
08:13 PM ET (US)
Snowed Re:9987 Have you ever heard of someone being given an offer, after being approved for OPM D/R, just so they must choose OPM D/R and forego OWCP entitlement?
9991
mailladypostladyPerson was signed in when posted
10-18-2013
07:24 PM ET (US)
I am not working, so I will mail it certified. Thanks
9990
SnowedPerson was signed in when posted
10-18-2013
07:07 PM ET (US)
Get a signed receipt when you give it to your supervisor or mail it certified if you currently are not working.
9989
SnowedPerson was signed in when posted
10-18-2013
07:06 PM ET (US)
yes you are ok.
9988
mailladypostladyPerson was signed in when posted
10-18-2013
07:05 PM ET (US)
Snowed, I initially reported to my Dr my symptoms back in 2008 and he gave me a diagnosis. My dr. NEVER told me it was job related or put in my file it was job related. I saw Dr Ellis on 18 September. Dr Ellis informed me that that the injury was job related and to file CA-2. I sent it to injury comp (not my supervisor) within 30 days of my being informed it was job related. Injury comp told me I need to send it to the station that I am assigned to. If it is 3 yrs of being informed it is job related, I am ok.
9987
John828Person was signed in when posted
10-18-2013
06:59 PM ET (US)
Not yet. I have received copy of letter sent to my physician stating "pilot program working phone for sales..." Paranoia has got better of me......Very concerned they will pull weasel move!
9986
SnowedPerson was signed in when posted
10-18-2013
06:49 PM ET (US)
John828-
Yes it is possible to lose wage loss/OWCP if you refuse a suitable job. The issue is whether or not the job is suitable. Did they actually offer you the position? Is the job permanent?
9985
SnowedPerson was signed in when posted
10-18-2013
06:46 PM ET (US)
backrack-
Is there any medical conflict between the two Dr's? If so they should send you to an IME. If retirement and SSDI is about the same, why not switch? Remember to factor in taxability. You may be entitled to a SA too?
9984
backrackPerson was signed in when posted
10-18-2013
05:57 PM ET (US)
Sorry Snowed, I meant /9966 about going on FERS DR and SS instead of OWCP. Thanks
9983
John828Person was signed in when posted
10-18-2013
05:43 PM ET (US)
Snowed: Thanks much! The question I have is: Can PO offer me "pilot program" job after I'm off rolls with ramifications w/OWCP saying I can't refuse offered job? Can USPS do it w/other 'classified positions'? Am I at risk of losing OWCP wage loss option if I don"t take offered job after I am retired disabled?!
9982
SnowedPerson was signed in when posted
10-18-2013
05:42 PM ET (US)
John828-
Also here, especially page 15: http://www.opm.gov/retirement-services/pub...s-handbook/c100.pdf
9981
SnowedPerson was signed in when posted
10-18-2013
05:39 PM ET (US)
backrack-
what is it you would like me to comment on? I had a good experience with Dr. Ellis too.
9980
SnowedPerson was signed in when posted
10-18-2013
05:37 PM ET (US)
John828-
Your DR is already approved so you would have to be offered a job with another title on the PS-50. Here is some reading info for you: http://www.opm.gov/retirement-services/pub...s-handbook/c100.pdf
9979
SnowedPerson was signed in when posted
10-18-2013
05:21 PM ET (US)
mailladypostlady-
The clock ticks for injury comp the day they received your CA-2....it is their responsibility to make sure supervisor fills out the form correctly. Make sure you have a receipt of submission and file a grievance if they do not process it timely. What is the 30 days about? You have 3 years to file from the day you found out your condition was work related.
9978
mailladypostladyPerson was signed in when posted
10-18-2013
04:53 PM ET (US)
Received call from Injury comp that my CA-2 cant be processed because the supervisors portion has not been completed. I am no longer assigned to the station where the injury occurred. Was told by injury comp to send the CA-2 to the new station I am assigned to. This is the injury I was just made aware of that was job related. By the time I get the CA-2 back, the 30 days will have been passed. What should I do?
Edited 10-18-2013 04:54 PM
9977
John828Person was signed in when posted
10-18-2013
03:09 PM ET (US)
Snowed: Yes, I received copy of letter. So did OWCP. I don't know if I could do it, but my concern(s) are related to potential pitfalls as I exit PO. First is, if I receive job offer after being approved for FERS D/R, how will that effect OPM D/R? Second, if I can't refuse offer ('cause OWCP will deny wage loss), is post-approval prohibition from working an acceptable reason for not working job offer (from OWCP's view-point)? VERY COMPLICATED!!!!!
9976
Deleted by author 10-18-2013 05:58 PM
9975
SnowedPerson was signed in when posted
10-18-2013
02:15 PM ET (US)
John828-
Did they CC a copy of the letter to you? You should receive a copy of all correspondence sent directly to your physician. Is this job something you can physically and mentally do? Sales is tough and not for everyone even if they are healthy.
9974
Brownbomber2Person was signed in when posted
10-18-2013
11:38 AM ET (US)
John828
I find that interesting about the inside sales, because that is what my representitive from OWCP is starting to talk up with me, now that they have figured out my restrictions are such, that nobody wants me, especially at my age. Have they given you specifics as to where you are going to do that from? Your home, another location? It is my understanding that they have to find you work withina 50 mile radius. Anybody else out there having this presented to them?
9973
backrackPerson was signed in when posted
10-18-2013
10:25 AM ET (US)
John828, so you want to stay on OWCP or take the FERS DR? I think, not sure, that the PO can send your doctor a letter however they cannot call him. The inside sales sounds fishy. Talk to your physician and make sure that he has all his ducks in a row such as a recent exam on you and your restrictions up to date. Also explain that the letter from PO is just asking questions. He does not need to change any of his opinions about your injury. His opinion is the only one that counts (right now anyway, until they send you to a SECOP).
9972
backrackPerson was signed in when posted
10-18-2013
10:18 AM ET (US)
Kelly, I know you are real. I was just there on the 3rd from GA. and just faxed a few things to you yesterday. Just a hint to who I am. You all are the BEST! Had no idea "why" you cared so much but now I do. Been thru some "stuff"...sorry, wish no one had to go thru it.
9971
John828Person was signed in when posted
10-18-2013
05:51 AM ET (US)
Snowed or Anyone else: Any comment(s) on post 9968?
9970
K. Thurman, Ellis ClinicPerson was signed in when posted
10-18-2013
12:17 AM ET (US)
Backrack: *blush* Thank you so much for the compliments on Ellis Clinic and especially myself!! We pride ourselves in trying to help you guys out! I've personally spent the last 12 years TRYING to figure out OWCP! It is not always an easy job but I know that alot of your situations are so important to you guys cause your lives, jobs, families, everything you have worked for depend alot on the job that we do at Ellis Clinic! I'm not saying we're miracle workers but you bet your butt I will do what I can to help you! My husband was injured while employed at TAFB! Trust me they just about starved us out waiting on them to finally make a decision to pay him! 1 year without any $! Without my mom Jodi (who also just celebrated her 30th year at Ellis Clinic, yes I've been there since I was 9! Child Labor Laws should have been enforced! HaHa I just had my 22nd anniversary at the Clinic!) And also having an incredible boss, Dr. Ellis,
I would have never made it! I have a son, Jacob, who is my life and not being able to support him the way parents are suppose to is a kick in the pants. My husband went thru all sorts of emotions, I went thru all sorts of emotions! So I know how many of you guys feel! I honestly can say when I see the things that you guys go thru, I will do what I can to help! I swear I am NOT saying Ellis Clinic is the "fix all" but I will say that we will give it an honest try! Sorry for the long reply but I really appreciated what "backrack" said about me & the Clinic! I also wanted to tell you a little bout me!
Kelly Thurman
Ellis Clinic
9969
Rick OwensPerson was signed in when posted
10-17-2013
04:49 PM ET (US)
backrack /9967 - Doc Ellis has been a LONG time advertiser with PEN - there will be no deletion.
9968
John828Person was signed in when posted
10-17-2013
03:50 PM ET (US)
I need help on recent development w/USPS. I have been working restricted 4hrs a day limited duty city carrier since 6/09 (4 hrs OWCP wage loss a day). I have been approved for FERS D/R (letter from OPM dated 9/24/13). My last day on rolls will be 12/13/13 (using 4hrs S/L a day). I received copy of letter sent to my physician requesting info from USPS HR today. Letter states USPS "...is establishing inside sales pilot..." with sedentary duties working sales on phone.I SMELL A USPS RAT!!! It seems they are setting me up w/OWCP to say I refused job offer; hence I will not be entitled to wage loss comp. CAN ANYONE SHED LIGHT ON POTENTIAL ISSUES RELATED TO LETTER TO MY PHYSICIAN? THANKS!
9967
backrackPerson was signed in when posted
10-17-2013
10:22 AM ET (US)
Brownbomber2 Do whatever it takes to get to Doc Ellis Clinic. You will not be disappointed. He takes such good care of his patients and also cares about the person he is writing the causation report, or SA or whatever for. Kelly Thurman is in his office and I think she could write a letter as good as him. We have got to get her somewhere so she can get that MD after her name. She cares also. If you can fly get the credit card out and do that. It will be worth the money and time. When you leave there your heart will be lighter. This may get deleted now that I think about it because it may be called advertising. Hope not. Everyone needs HOPE!
9966
backrackPerson was signed in when posted
10-17-2013
10:09 AM ET (US)
What are everyone's opinion about going on FERS DR and SS instead of OWCP? It would be about the same money. Just had neck fusion surgery about 3 months ago. The vocational rehab counselor still calls every month to check on me so they are chomping at the bit for me to go to some medical assistance training. This all came about because I had a second opinion. My dr did not rebuttal so here I am. Won't they need another second opinion since I have had surgery? I have many claims, all ortho but the one that I am getting paid on is the neck. Thanks for everyone's time.
9965
Rick OwensPerson was signed in when posted
10-15-2013
07:01 PM ET (US)
Thanks KIMMIEK - I prefer PEN's readers to find that information here:

Latest information regarding the injured and OWCP during this Government shutdown:

http://postalemployeenetwork.com/news/2013...affect-owcp-claims/
9964
Brownbomber2Person was signed in when posted
10-15-2013
02:27 PM ET (US)
Question for those of you who may have used the Ellis Clinic. I am considering them and am wondering if it is worth a 10 hour drive if I can get it okayed through OWCP. I just need a yay or nay from those who have actually used their services.
9963
Deleted by topic administrator 10-15-2013 07:00 PM
9962
K. Thurman, Ellis ClinicPerson was signed in when posted
10-14-2013
08:12 PM ET (US)
I'm not sure that my name came across wth that msg! This is Kelly Thurman with Ellis Clinic
9961
K. Thurman, Ellis ClinicPerson was signed in when posted
10-14-2013
08:05 PM ET (US)
Sherylstocky, ur work restrictions arefor WORK only!!! When Dr Ellis puts u on restrictions at the bottom of his form it basically says "that these restrictions are for work only. He encourages u to do what ur body & injuries will allow u to do!! That the restrictions are for work & a supervisor" You have to live ur life, clean, shop, take trash out, etc!! Do NOT ever worry about living life!! Dr Ellis wld stand tall right beside you on that!!! :-)
9960
SherylstockyPerson was signed in when posted
10-14-2013
07:38 PM ET (US)
On June 6th of this year, received workman's comp for ankle arthritis through Ellis Clinic in OK. Went to orthopedic doctor here and he kept me on same restrictions I had of walking length of route (8 miles) 5 days a week and sent me to surgeon specializing in ankle replacement. Surgeon had c-can done and says the joint above and below my ankle joint were deteriorating and that even though ankle was bad enough to replace did not want to do surgery at this time because of my age (55) and was not sure that it would keep other joints from deteriorating. He keeps saying he is giving me a brace that will help me walk, but I think that I will be using a walker by age 60 if I keep doing my job. Anyway, other doctor who sent me to specialist got records from the spec and wants to see me next week. I am hoping that he gives me new restrictions. If PO offers me work for say two hours a day within the restrictions, do I have to accept that as I drive 34 miles to work and back? Also, I am concerned that if doctor says no walking, that someone will see me working in yard or walking anywhere and try to say that I am not being honest.
9959
Brownbomber2Person was signed in when posted
10-13-2013
05:53 PM ET (US)
Thanks Snowe-Me,
Exactly what I was thinking. He is not having any luck finding me employment with my restrictions, especially in a 50 mile radius. I am going to contact the union, the CE and possibly the IG about this. I have had an uneasy fealing about this guy from the start.
9958
SnowedPerson was signed in when posted
10-13-2013
03:48 PM ET (US)
Brownbomber2-
You know yourself best. hold firm to the restrictions that protect you from being hurt further. I would write a letter to the CE expressing concern that this person is asking you to sway the doctor to change your restrictions....
9957
Me
10-13-2013
11:02 AM ET (US)
Brownbomber2.. i would tell assigned person you have permanent restrictions and show him those, case closed... you don't have to do everything this guy says and don't go back to original dr.. permanent means permanent.. this guy is NOT your friend and is NOT working in your best interest...
9956
Brownbomber2Person was signed in when posted
10-13-2013
08:29 AM ET (US)
I have been assigned a person by OWCP that is supposed to help me find work within my restrictions. I received a letter from OWCP telling me they were doing this and that I needed to be looking for work as well. I have never been seperated from the postal service and they say they cannot accomodate my restrictions. This guys comes out and tells me that he doesn't know of any jobs that can accomodate me at a comparable pay. Now he is pushing me to go back to my doctor that released me and try to get him to change my restrictions saying that I can lift more than my restrictions, so that I can work at something. At first this guy acted like he was trying to help me, but now I think he is just a bit sneaky and is trying to pull something on me. The original doctor released me with no restrictions, OWCP sent me to two other doctors for opinions and they both gave permanent restrictions that prevent me from going back to work. If I go back to the original doctor, he is going to say these two doctors were wrong and say no restrictions again. I don't think this is in my best interest. What should I do here?
Edited 10-13-2013 08:30 AM
9955
mailladypostladyPerson was signed in when posted
10-12-2013
03:56 PM ET (US)
Snowed, I've communicated with you before via email about my case. I think I still have your email address, I'll try and email it to you.
9954
SnowedPerson was signed in when posted
10-12-2013
03:40 PM ET (US)
mailadypostlady-
That depends if work factors caused the injury/disease or if previous injury/disease caused the new condition? I can't say without knowing more about what Dr. Ellis wrote.
9953
Deleted by author 10-15-2013 04:51 PM
9952
mailladypostladyPerson was signed in when posted
10-11-2013
10:17 PM ET (US)
thanks Snowed
9951
SnowedPerson was signed in when posted
10-11-2013
10:03 PM ET (US)
Send it to injury comp/HRM
9950
mailladypostladyPerson was signed in when posted
10-11-2013
10:01 PM ET (US)
I need to submit a CA-2 for an injury that I received treatment for, but have just been informed by specialist that it is job related. Do I send CA-2 to OWCP, usps injury comp, or supervisor. I have been off work for 3yrs.
9949
Snowed
10-10-2013
01:37 PM ET (US)
Reneeinil-
Not reporting it would open inquiry why you have SS wages..it is better to just nip it in the bud...
9948
Reneeinil
10-10-2013
01:17 PM ET (US)
I have been on periodic roles since 2007, no you do not have to report that payment. They are simply trying to find out if you have worked, since you have been on the roles. Don't worry
9947
SnowedPerson was signed in when posted
10-09-2013
11:09 PM ET (US)
glad to help!
9946
Recently RetiredPerson was signed in when posted
10-09-2013
11:03 PM ET (US)
Snowed- Thanks for the clarification....I am sending in the packet this week and will include ALL that you mentioned. Again, THANKS for taking the time to help out.

RETIRED1- Likewise, THANKS for your help.

I really appreciate ALL that you both do on this forum.....like the saying goes: KNOWLEDGE IS POWER!

THANKS, again!
9945
SnowedPerson was signed in when posted
10-09-2013
10:44 PM ET (US)
Recently Retired-
This has been a question asked many times on these forums. There are ex claims examiners that have stated that since this leave is earned before the injury and it is lump sum, it is not considered a dual payment. Regardless, when in doubt, report it. Just clearly state what the income is from. Since this would show up on your W-2, you have to explain it. I would also send OWCP a copy of the paystub.
9944
Recently RetiredPerson was signed in when posted
10-09-2013
10:29 PM ET (US)
Retired1- My A/L was frozen as of April 2008 thru JUNE 2013...so since I never returned to work, I never earned any additional A/L.
9943
retired1Person was signed in when posted
10-09-2013
10:15 PM ET (US)
RR........If the entire amount was paid was earned before your injury I would agree with Snowed, but if "any" part of the payout was within the 08-june 2013 timeframe...That is a different animal.

I just do not trust OWCP to see this for what it may be.
9942
Recently RetiredPerson was signed in when posted
10-09-2013
10:11 PM ET (US)
Snowed- Are you absolutely sure? I feel the same way you do, but I want to be positive. The other post (retired1)feels
OWCP will see this as earned income and treat it as an overpayment.

retired1- Thanks for replying....I see what you are saying.

Now I have 2 opposite opinions ,yet I trust both of you know what you are talking about.

If there is anything else to add on this, please reply...Thanks
9941
SnowedPerson was signed in when posted
10-09-2013
09:31 PM ET (US)
Recently Retired-
Go ahead and report it if you wish, it will not affect anything as A/L paid to you was earned before you were injured. Report it as "lump sum terminal leave payment."
Edited 10-09-2013 09:34 PM
9940
retired1Person was signed in when posted
10-09-2013
08:30 PM ET (US)
RR......IMO,it is in your best interest to notify OWCP about your payment from the PO. This is earned income, and will be treated as such by OWCP.

OWCP will see this as an overpayment for the period you were paid in while still on the roles being paid under FECA.
9939
Recently RetiredPerson was signed in when posted
10-09-2013
07:18 PM ET (US)
Need some expert advice.

 I have been on periodic rolls since 2008.....I recently retired from the USPS (in JUNE,2013)after 32 years as a letter carrier. When I retired, I signed an "ELECTION NOTICE" to stay on the periodic rolls and receive OWCP payments every 28 days. I am NOT collecting my (MONTHLY)OPM POSTAL RETIREMENT ANNUITY....I am fully aware that I am not allowed to receive BOTH at the same time.

 Shortly after I RETIRED in June (2013),I received a check from the USPS for "TERMINAL LEAVE" payment for my EARNED ANNUAL LEAVE, which I accrued while working as a letter carrier for 32 years.

 Since 2008,in every OCTOBER, I receive a packet from OWCP requesting a MEDICAL UPDATE from my treating physician and a QUESTIONNARE regarding 'employment, income, dependants etc. I send in their request and since I have NOT worked or received any income outside of OWCP periodic roll payments,I state so in my answer to the questions.

 This is where I need expert advice: Since I did receive the 'TERMINAL LEAVE' payment from USPS after retiring 4 months ago (JUNE 2013), do I have to notify them of receipt of the TERMINAL LEAVE payment?.... Also, if I do, what impact does it have on my PERIODIC ROLL payments?.....PLEASE, if anyone knows the answer to these questions, I would appreciate any help.....THANKS
Edited 10-09-2013 08:32 PM
9938
lawnladyPerson was signed in when posted
10-09-2013
03:27 PM ET (US)
Need some advice.

Still dealing with OWCP and USPS jerking me around. I've done all I can do; filed EEO's, MSPB's, grievances and have recently wrote to district and regional directors along with DOL. OWCP has placed my file in a hearing status; still waiting for date.

I went ahead and had surgery in hopes that I can get back to work with fewer restriction; I was previously on "sedentary work only". I think I will only have a lifting restriction.

I want to know, after I go to the surgeon and he releases me to go back to work, can I go to work the next day with a new CA-17, clock in, and ask for work?

I'm guessing they will get upset, make phone calls, tell me I can't/shouldn't have clocked in, and tell me to go home until they call. Could I stay until they let me talk to my union president (not that it will do any good) or give me something in writing that states I was there to work and they are sending me home, again, "NWA"?

I'm trying to prevent the inevitable, SEPERATION!
9937
SnowedPerson was signed in when posted
10-07-2013
11:53 PM ET (US)
Sue2-
"Chapter 2-0812, Periodic Review of Disability Cases....

PN. Cases in which the CE has determined, and the Supervisory
Claims Examiner has verified, that no wage-earning capacity exists require
medical evidence as described in this chapter every three years."

I would still go for a yearly exam to update your record. The requirement is every three years but they can ask for medical more often if they want. I wouldn't worry about the CA-5 unless they request it.
9936
John828Person was signed in when posted
10-07-2013
09:55 PM ET (US)
Once OPM receives final info from EA, how long to receive first check? Approval letter for D/R from OPM dated 9/24/13.
Edited 10-07-2013 09:57 PM
9935
Sue2Person was signed in when posted
10-07-2013
08:50 PM ET (US)
Snowed: I am PN not able to work. Does that
help answer your question ?
9934
Sue2Person was signed in when posted
10-07-2013
04:33 PM ET (US)
Snowed:OWCP said I would not be able to
work again.
9933
SnowedPerson was signed in when posted
10-07-2013
01:39 PM ET (US)
Sue2-
When you say rolls, I assume you mean rolls of the USPS? Who labeled you permanently disabled? OWCP? what is your status in CQS?
Edited 10-07-2013 01:52 PM
9932
Sue2Person was signed in when posted
10-07-2013
12:56 PM ET (US)
Snowed: I have been off for six years no longer on rolls. Am I required to have doctor fill out Ca 5 ? Every year or wait for them to send me to a doctor for evaluation ?
I have been labeled permanently disabled.
9931
Brownbomber2Person was signed in when posted
10-06-2013
09:34 AM ET (US)
Snowed, He has already done it. But, Like i say, he only wrote about 5 lines on a page. Not sure if DOL is working or not. Going to contact them tommorrow and see if it is possible to get a rating from a doctor that was not involved in the surgery. It has been past a year and I am at MMI, so I am trying to get this case closed and behind me. I still have an open case with shoulder and neck.
9930
SnowedPerson was signed in when posted
10-04-2013
08:56 PM ET (US)
Brownbomber2-
Probably not a good idea to have your surgeon do the rating. Would you give yourself a poor rating? Surgeons especially are by nature very prideful...which I feel is a necessity to a good surgeon. I would wait the year and take a trip if you have to, to an office that knows what they are doing. An impairment rating has many components and if the doctor did it on one page, I would be wary.
9929
Brownbomber2Person was signed in when posted
10-04-2013
04:29 PM ET (US)
Snowed, sorry, haven't been on here for a day. That is what I am wondering. I have to wonder though, if this will be accepted by workers comp. He did not complete a form to my knowledge. Just wrote a short paragraph on the rating. I know they are usually sticklers on paperwork. I was told a rating would cost me $1700 and I don't have it. I just can't figure out, how I go to only being able to walk 2-4 hours a day, when a normal day is 8+ hours of walking and that equates to 6%. I guess I just look at it if I am only able to work 50% of the time in my job, the rating should be closer to 50%. Not sure if having the doctor who did the surgery, do the rating was a good idea.
9928
SnowedPerson was signed in when posted
10-03-2013
11:43 PM ET (US)
It is your own choice of doctor rating so how can you challenge that unless you pay for another rating yourself?
9927
SnowedPerson was signed in when posted
10-03-2013
11:40 PM ET (US)
You can only get one rating a year, so you have to wait.
9926
Brownbomber2Person was signed in when posted
10-03-2013
10:53 AM ET (US)
Snowed
The doctor says he is familiar with it, but it could be like me saying I am familiar with flying a plane. I did it a couple of times, but that was several years ago. I sure wouldn't want somebody else depending on me to do it now. I received more of a rating from a carpal tunnel surgery where I experience numbness in my left thumb. I have numbness now that I did not have before in the ankle, pain in the same place I had before the surgery and the ankle is unstable, which requires me to wear custom orthotics and lace up boots for walking any distance at all. I am a little frustrated and puzzled at this rating. I know the 6th edition changed things, but that much? I wonder how I can go about getting another rating and if I did, would it even be accepted. Can you challenge these ratings? So far, all the attorneys that I contacted are only interested in the schedule award part of the case and there have only been two, that will take that part. I feel like I am a rowboat headed out to sea with one oar.
9925
KIMMIEKPerson was signed in when posted
10-03-2013
04:22 AM ET (US)
I found out that the OWCP is OPENED.. But their phone line and certain employees are NOT working.. out of 1,600 employees.. 1,300 of them are working.. they will be still working and they will still be paying out benefits.. however your contact with them will be impossible.

Here is where you can get this information


Important Announcement

Services provided by the Division of Federal Employees' Compensation(DFEC) are limited in scope due to a suspension of Federal government services. DFEC staff will continue to process new claims and perform duties associated with the provision of benefits on existing claims. Customer service phone numbers remain available for automated self-help functions only. Automated information about claims is also available via the Claimant Query System.

Evidence may be submitted to any active DFEC claim using the "upload document" feature in the Employees Compensation Operations & Management Portal or by sending through the mail to:

U.S. Department of Labor
DFEC Central Mailroom
PO Box 8300
London, KY 40742-8300

Please be sure to include the DFEC claim number on all documents submitted vie ECOMP or the central mailroom.

Employing agencies can use the same document submission guidelines and can continue to access information via the Agency Query System.

Medical providers seeking authorization or payment should continue to follow the existing process and information can be found on our Medical Provider page.

For information on shutdown furloughs and their impact on benefits, please visit the Office of Personnel Management’s Guidance for Shutdown Furloughs

NOTE: This website is currently not being updated due to the suspension of Federal Government services. The last update to the site was September 30, 2013. Updates to the site will start again when the Federal Government resumes operations.
9924
SnowedPerson was signed in when posted
10-02-2013
09:51 PM ET (US)
Is the doctor who gave you the rating very familiar with the AMA 6th edition ratings?
9923
Brownbomber2Person was signed in when posted
10-02-2013
08:59 PM ET (US)
I have not heard from the DOL yet. I hope they don't lower it.
9922
SnowedPerson was signed in when posted
10-02-2013
08:28 PM ET (US)
Brownbomber-
It does seem low but I would not get totally discouraged. After one year you for another SA. Did OWCP lower your doctor's rating?
9921
Brownbomber2Person was signed in when posted
10-02-2013
01:57 PM ET (US)
Anyone familiar with AMA Impairment/disability ratings? I received a rating today of Class 1-D final rating that equates to a 6% permanent partial disability rating of my right lower extremity. The problem was in the foot, with tendons being removed. Since the rating does not specify the foot, does it mean the entire leg or just the foot? The rating seems low to me, as I am limited to no climbing and walking/standing, only 2-4 hours a day. Any ideas or advice?
Edited 10-02-2013 01:58 PM
9920
SnowedPerson was signed in when posted
10-02-2013
12:37 AM ET (US)
OIG closed! at least some respite. https://www.uspsoig.gov/
9919
SnowedPerson was signed in when posted
10-01-2013
12:15 PM ET (US)
FYI-
Govt services are suspended are suspended for OWCP. Phone lines are not working from our basic CE contact number to the National Director.
9918
SnowedPerson was signed in when posted
10-01-2013
12:02 PM ET (US)
et-
OOPS I did that to the Regional Director and the District Director...does that mean they will be gone too? LOL
Just joking...I always compliment those who do their job appropriately....maybe to the CE's we aught to keep those compliments verbal?
9917
etPerson was signed in when posted
10-01-2013
12:49 AM ET (US)
 hi brownbomber2 If you want to get rid of your current examiner, just compliment them in a letter. on how they help you so much. work for me
9916
Brownbomber2Person was signed in when posted
09-30-2013
04:29 PM ET (US)
Thanks Snowed. Just finished a letter to the claims examiner again. She is now aware that she is on Senator McCaskills radar, so I will see what happens. I spoke with a former claims adjuster that told me they get points for rejecting claims and at the end of the year get a bonus based on the amount of claims that they dismiss. I am sure this rationale goes all the way to the top. It is a lot like postmasters, they get pay for performance for cutting hours. They claim they get no bonuses, but they just rename it and call it something else or else they would not be so gung ho on harassing employees. I am just tired of hurting and getting a run a around every time I talk to them to try and get something resolved for seeing a doctor or expanding my case. They constantly ask for more information, when they have every single piece of information that I have. It is a game to them, but it is my livelihood to me and I am not just going to go quietly into the night.
9915
suezqPerson was signed in when posted
09-29-2013
11:46 AM ET (US)
Thanks Snowed I know its not settled yet just curious if the abeyance could be for years or what.
9914
SnowedPerson was signed in when posted
09-28-2013
08:16 PM ET (US)
Suezq-
the McConnell case is not settled yet.
9913
SnowedPerson was signed in when posted
09-28-2013
08:14 PM ET (US)
Brownbomber2-
You need to go up the chain of command. The District Director is next then the Regional Director all the way up to the Secretary of Labor if you have to.
9912
suezqPerson was signed in when posted
09-27-2013
06:32 PM ET (US)
Does anyone know what is happening on the EEO's filed in 2009 held in abeyance pending outcome of the McConnell/Potter class action? Just curious.
9911
Brownbomber2Person was signed in when posted
09-26-2013
01:48 PM ET (US)
I have tried writing to the supervisor, but it is the same thing. Can't find any attorneys closer than the east coast that are even interested in anything but the schedule award. These guys are pretty much just like the va, deny,deny, deny and hope they die before we have to settle.
9910
SnowedPerson was signed in when posted
09-25-2013
09:39 PM ET (US)
Brownbomber2-
Have you written UP the chain of command?
9909
Brownbomber2Person was signed in when posted
09-25-2013
07:48 PM ET (US)
I am having trouble with trying to expand my claim. Either they ignore me or the send back a letter quoting information that is not relevant to my claim with a denial. I am really tired of trying to deal with these guys. I talked with a former employee of the DOL who told me that they get bonus points for each denial and at the end of the year they get a bonus based on points. This person also told me though, to keep their name out of it and advised me to contact my congressman and file a complaint to launch and investigation into the matter. Not sure what to do, but I did contact my rep and they sent a form to allow them to get information about my case so they could look into it. Anyone out there had any experience with this. Maybe if more than one person filed a complaint with their congressman, something positive could come of it. I am dealing with the KCMO district 11 office.
Edited 09-25-2013 07:48 PM
9908
SnowedPerson was signed in when posted
09-25-2013
01:24 PM ET (US)
Correction_
You do not have to go to the office IF you have medical keeping you out of work.
9907
SnowedPerson was signed in when posted
09-25-2013
01:23 PM ET (US)
Upload everything directly to your compensation file via e-comp.
9906
SnowedPerson was signed in when posted
09-25-2013
01:23 PM ET (US)
Once your initial medical (CA-20)or narrative is sent to the USPS, you are no longer required to send them anything besides work restrictions (CA-17 or OWCP 5c and 5c(psychological))
9905
SnowedPerson was signed in when posted
09-25-2013
01:19 PM ET (US)
dekay1820-
You do not have to go to the office. Send in your documents certified mail to injury comp and also upload them via ecomp to OWCP. I know exactly how you feel and your psychiatrist or psychologist should be supporting you in not going into that place.
9904
dekay1820Person was signed in when posted
09-25-2013
01:30 AM ET (US)
Please help me you can. I had an incidident with our injury comp person Sandra smith who really upset me and I haven't been back to work that day. It took me about 3 hours to get home and I was in pain and exhauseted. The harrasement and lying to me is more that enough and the sandra smith thing sent me over the edge. I didn't know where to find a psychiatrist what was adding to my anxiety. I didn't know where to go our what I was doing. I had to go to work to hand in ca1 which was off the charts stress on Monday. Didn't leave the house for 2 more days, my regulear dr was out of town. So finally I went to ER because my head was pounding and my hands and face were tingling I was feeling very anxious. Went to ER didn't send note to my work yet and I didnt go to the psychologist until today. So I need to get them the note and the ca17 because even though i put cop and they didn't pay men last week. I don't want to go to office for one it is far and I am extra anxious going in there. Put I need to get paid and I don't have the energy or clear head to deal with this I was supppose to file a grievance too but shop stewar never called me and president didn't call me back. I feel most abandoned by those who are suppose to help. hope this sounds clear my head is spinning.
9903
SnowedPerson was signed in when posted
09-24-2013
02:40 PM ET (US)
zyx-
It seems at that point it would be considered an emergency procedure and should be covered...try calling your CE and ask.
9902
zyxPerson was signed in when posted
09-24-2013
08:31 AM ET (US)
I just saw on the ACS that approval was given to repair/revise my lower leg tendon but release of the lower leg tendon was denied. I believe the request was in case the tendon could not be repaired. What if during the surgery the tendon cannot be repaired and the surgeon goes ahead and releases it, will owcp not pay for the procedure? Should this be taken care of prior to surgery (approval) or just get the surgery done and fight it afterwards if necessary? Also, I live alone and will be on crutches for months after the surgery. Will owcp pay to have someone come in and do things like clean, wash clothes, shop, etc?
9901
SnowedPerson was signed in when posted
09-22-2013
11:10 PM ET (US)
gr8ful-
Never be hesitant to post. We are here to help. A 2 year old report is "stale." That is it doesn't mean much. An
FCE is not gospel either. Most are done by a physical therapist. It is the report of the physician evaluating the FCE that matters.
9900
gr8fulPerson was signed in when posted
09-20-2013
12:34 PM ET (US)
Thank you both for your advice.

I have one more quick question, and then I won't bother you anymore. About 2 years ago, OWCP sent me for an IME. That doctor questioned if I should even be working the 4 hours a day I was working. He did put in his report absolutely no more than 4 hours a day. Would that report out-weigh this FCE I just had?

Thanks again.
Edited 09-22-2013 07:18 AM
9899
SnowedPerson was signed in when posted
09-19-2013
11:04 PM ET (US)
Gr8ful-
You inform your supervisor and injury comp of your doctors change n restrictions. If you are still limited duty you wait for a new job offer for the 8 hours per day.
9898
mailladypostladyPerson was signed in when posted
09-19-2013
04:53 PM ET (US)
gr8ful,you and your Postmaster can call owcp and inform them they have your work status to work 8hrs. With me back in 2007, "somehow" My supervisor call was able to go DIRECTLY to my CE once he told the operator who he was and what he wanted with the CE....good luck!!
9897
gr8fulPerson was signed in when posted
09-19-2013
01:03 PM ET (US)
Ok, so I have sent off the new Work Capacity Evaluation form with my doctor's new recommendation to work 8 hours a day instead of 4. Do I wait for word from OWCP to start working the new hours, or do I go to work on Saturday and tell my Postmaster I'm cleared for 8 hours? I'm really not sure what I'm supposed to do, and I've researched the heck out of it on the internet. I could really use some experienced help.
Thank you and I am very gr8ful!
9896
Deleted by author 09-19-2013 01:00 PM
9895
gr8fulPerson was signed in when posted
09-17-2013
06:31 AM ET (US)
Thanks, Snowed. You've always been here for all of us, and, I for one greatly appreciate it. I'll take your suggestion and request my records.

Now, I send that Capacity Evaluation form back to OWCP by the end of the week. Do I wait for them to direct me to work 8 hours a day, or do I just start when I send the form back?

Thanks again.
9894
SnowedPerson was signed in when posted
09-16-2013
10:56 PM ET (US)
gr8ful-
I do not doubt that your physician got a nudge from someone. Ask for a copy of your entire medical record from your doctor including any correspondence from OWCP or the USPS the doctor received. It is your right to get a copy of everything. You have a tough fight. If you have to go back to work 8 hours a day, file a new injury/disease claim as soon as you have increased pain or problems...if your doctor will not support you then, find a new one.
9893
SnowedPerson was signed in when posted
09-16-2013
10:49 PM ET (US)
Lisa K-
Sorry not my post. I quoted and was just passing the word.
9892
SnowedPerson was signed in when posted
09-16-2013
10:48 PM ET (US)
If you are filing a new CA-2, get psychiatric evaluation ASAP even if it is in the ER of a hospital that treats this. Waiting can destroy the psychiatric symptoms that need to be documented. If you are taking NSAIDS for a work related injury then you should get a referral to gasto doc from your treating physician. NSAIDS will destroy your gut...you will need to get off them, possibly modifying your work so the injury does not get aggrivated to the point of needing the NSAIDS...happened to me.
9891
dekay1820Person was signed in when posted
09-16-2013
09:12 PM ET (US)
today I filed a ca1 for anxiety. On wednesday of last week injury comp came to my cubicle on the workroom floor and began bullying and threatening me. I already am stressed at this job and it just sent me over the edge. I haven't been back since except today to file and I had to have someone drive me. Now I feel even more anxiety because it is hard to find a psychiatrist who takes work comp. I live in the Riverside CA area. Should I go to general practitioner first to get referral to shrink? There is a group that sees a lot of postal people here but mental health is not one of their specialties and I think I need to go to a gastroenterologist too because my gastritis (from taking NSAIDS since 2005 and stress of job) is acting up again. Last time with that I saw own doctor.
9890
agodlywomanPerson was signed in when posted
09-16-2013
08:51 PM ET (US)
it says "up to 8 hours". show this to your treating physician and tell him yours should only have approval for 4 hours, if, in his professional opinion, that is all you are able to work.
Edited 09-16-2013 08:53 PM
9889
agodlywomanPerson was signed in when posted
09-16-2013
08:51 PM ET (US)
i'll go ahead and put this up for you: 3-0201-15 Functional Capacity Evaluations (FCEs)
15. Functional Capacity Evaluations (FCEs). These evaluations may
be classified in two types according to their purpose, duration and
content: a general-purpose FCE, and an FCE for placement into an
Occupational Rehabilitation Program (ORP) such as Return to Work or
Work Readiness (commonly called work-hardening, work conditioning,
etc.)
a. A CE or SN may authorize a general-purpose FCE in cases
where management of disability calls for clarification of job tolerances,
job modifications, etc., and the treating physician, second opinion or
referee specialist recommends or requires this service. However, only
a Rehabilitation Specialist can authorize an FCE in connection with an
ORP (see PM 2-813).
b. Before authorizing the FCE, the CE or SN should review the
case and verify that the injury occurred more than three months ago,
the functional impairment is of moderate to high complexity, and the
services recommended by the physician exceed routine physical
performance tests and measurements (e.g. CPT 97750). More
detailed guidelines appear in Chapter 1 of MEDGUIDE.
c. The CE or SN advises the recommending physician that the FCE
is approved. Based on the severity of the case and whether or not any
complicating factors are present, up to eight hours can be approved
for a general-purpose FCE.
d. The CE or SN completes the authorization form and enters the
authorization in the "Notes" section of the Case Management File
(CMF). To ensure the accurate processing of bills for the FCE, the
following information must be included: the approved service code, the
number of hours approved, the name of the provider, and, as
necessary, the use of modifiers.
The CE or SN also notifies the Field Nurse (FN) assigned to the case of the
authorization of the FCE and provides the FN with a copy of the authorization.
9888
agodlywomanPerson was signed in when posted
09-16-2013
08:44 PM ET (US)
Gr9ful: look at this link
http://theowcpclassroom.blogspot.com/2011/...evaluation-fce.html
9887
Lisa KPerson was signed in when posted
09-16-2013
08:32 PM ET (US)
Gr8ful, Ask your dr why he did this. It could be a mistake, or perhaps he got a "nudge" from the Agency. ( a no no!) Ask for the rationale for changing your status. Many times it is just a misunderstanding of the forms. Obviously, you were not "miraculously healed" between visits. Document everything.
9886
Lisa KPerson was signed in when posted
09-16-2013
08:26 PM ET (US)
Snowed...Have you tried to contact the attorneys for the Walker case? It is pending. Perhaps they can point you in the right direction. It takes A LOT!!!!! To get certified as a Class Action.
9885
lawnladyPerson was signed in when posted
09-16-2013
05:11 PM ET (US)
Has a union official ever interviewed an HR Specialist for a possible harassment grievance? Can a grievance be filed against HR?

HR is my biggest problem. They continue to give OWCP all kinds of issues to delay my claim but never have to prove anything. This is crazy!

Just wondering; I have a short time left to leave as much impact as possible before they separate me. Feeling very discouraged.
9884
Brownbomber2Person was signed in when posted
09-16-2013
02:38 PM ET (US)
Snowed, thanks for the link on the petition. I shared on facebook. This is something that really needs pushing. Any federal employee that won't sign this is taking a chance of putting their future and that of their family in the hands of an untrained person just looking to get a bonus at the end of the year. I too have contacted my representative about this, with no response. If you have facebook folks, share the link for the petition with everyone you know,especially postal workers, there are more than enough of us to get this petition looked at.
9883
gr8fulPerson was signed in when posted
09-16-2013
02:37 PM ET (US)
First let me say that I signed the petition.

I'm a PTF whose had 4 back surgeries. For the past 6-7 years I've been working 4 hours a day, 5 days a week. My doctor decided last month that I needed an FCE because he no longer felt that he was qualified to fill out my work capacity evaluation forms without one. I went 2 weeks ago and just saw my doctor this afternoon. He said because the form says, "This information is based on an 8-hour work day", that the PT is saying I can work 8 hours a day. Therefore, he cleared me for 8 hours a day. I can't believe it. I'm struggling with 4 hours! Anyway, I don't suppose I have any recourse to this, do I? Anyone ever appeal this somehow and succeed?

I've counted on help from this board for years and have offered help when I can. Thank you all for being here.
Edited 09-16-2013 02:58 PM
9882
rr01Person was signed in when posted
09-16-2013
10:40 AM ET (US)
I signed up.1 case I was required to get 9 different letters from 1 DR. over time, all stating basically the same thing. I now have 2 cases over 1 year old ,have been to my congressmans office twice, CE can't admit owcp made a mistake and they fell through the cracks of the multiple CEs I have had. CE just tells me her stock answer " there are a lot of cases ahead of you" over 1 year?
9881
InjuredPerson was signed in when posted
09-15-2013
08:41 PM ET (US)
Snowed,

Did my part, hopefully more will follow and take some action. Thanks for your forethought

Injured:)
9880
SnowedPerson was signed in when posted
09-15-2013
08:20 PM ET (US)


"This affects anyone who finds themselves on this board. I'd like to ask everyone on here to sign this petition and send it along to as many people as you can. I've gotten SO frustrated with seeing CEs make decisions, or delay making decisions, and even though my own case is fairly well resolved at this point, I just find myself infuriated about this whole process. So I've taken the challenge of becoming an advocate for everyone affected by this awful system. I've spent countless hours in recent months, writing to insurance commissioners to see if they can do anything- they can't. I've contacted countless law firms to see if anyone would do a class action suit on behalf of OWCP claimants against the federal government- can't find anyone. I've written lengthy letters to Senate and Congressional committees that have oversight of DOL, asking them how they would feel, as a federal employee, if their medical care was in the hands of these people- said a little more nicely than that, but still getting no reply. I feel like I'm going to explode sometimes, with frustration and anger at this system. So this is another attempt, using the white house petition website, since it seems like if 100,000 signatures are reached, then the President may actually take notice of something. But I'm only one person, and was limited by only being allowed 800 characters to try to express what a f*&%%ed up system this is, and so without a LOT of help, and some viral spread, I don't think the needed signatures will be reached easily. But I feel like I have to do something. So here it is:

http://wh.gov/l2xkg
"

Sign this petition and ask your friends to do the same....become PROACTIVE!!!!
Edited 09-15-2013 08:21 PM
9879
mailladypostladyPerson was signed in when posted
09-14-2013
04:37 PM ET (US)
agodlywoman, I was informed earlier that the answer to neck or back is NO! You can be compensated for lack of use of your arms, legs, etc., when it come to neck and back! Headed to Ellis Clinic soon get my rating!!!
9878
agodlywomanPerson was signed in when posted
09-13-2013
08:52 PM ET (US)
has any had a successful SA for their back? i know they don't cover the back, but a pinched nerve in the cervical plate affect the right arm and shoulder. neck won't turn properly. all discs are buldging. sciatic problems left and right. wouldn't that be considered hips? lower body? how in depth can someone go with this who hasn't ever treated you? curious. i'd like to get rated, but i don't trust anyone to do it properly.
9877
John828Person was signed in when posted
08-30-2013
04:40 PM ET (US)
RCSurfer: Code is 04900. I have been working four hours a day for four years now. I am placed on '049' time for other four.
9876
RCSurferPerson was signed in when posted
08-30-2013
03:20 PM ET (US)
Hoping someone can remember this, as I'm drawing a blank and can't find it. For postal people what is the LWOP code that is inputted into payroll so that your LWOP isn't cumulative and doesn't count against you when you have an approved WC claim? The new PM keeps messing it up.
9875
agodlywomanPerson was signed in when posted
08-29-2013
04:19 PM ET (US)
dekay1820: it takes as long as it takes. the people you are contacting have nothing to do with the referee. they don't know anything so have nothing to tell you. this is between you and owcp. it does take time to schedule the referee. once you get the letter post on here to check out and see where he is on the rotation, etc. be patient. you may want someone to go with you to verify how long you are in the office. keep tract of what he does, etc. mine took 15 minutes. they get paid $650 for this exam. but a lot of them don't do their job. your dr. is allowed to refute his findings. but you need to state what the exam consisted of in writing.
9874
InjuredPerson was signed in when posted
08-25-2013
09:12 AM ET (US)
Snowed/ED...

Can you guys let me know what the following codes in my query screen mean please?
CEID: CXX
Current Locagion: XIN

Thanks
9873
dekay1820Person was signed in when posted
08-22-2013
11:33 PM ET (US)
somebody must know this answer I have asked my ce, no response, his supervisor, no response, the mojave district manager, no response. Called washington they gave me a 202 number the rude lady who answered gave me to another person who was also rude and said she would send him a note, he still didn't call. What is the purpose of having people above you if they don't do anything? So my question is the first week in July 9 my ce told me I would be getting a letter within the week about a referree dr. On July 20 I called again he said sometimes is takes a few weeks, Now it has been a month. Is there a time frame or can they take as long as they want?
9872
agodlywomanPerson was signed in when posted
08-21-2013
11:35 PM ET (US)
Brownbomber2: your restrictions are some of mine. sounds as though you are dealing with back issues? you should also then have some thing pertaining to sitting for lengths of time. i would have it added as it certain aggravates and causes spasms. also, 4 hours of walking is ridiculous. my opinion.
9871
Brownbomber2Person was signed in when posted
08-21-2013
09:36 PM ET (US)
Snowed
No driving restrictions. Have permanent restrictions of no lifting over 10 lbs. with right arm, no pushing or pulling over 25 lbs. No working above the shoulder and only 4 hours of walking a day.
9870
SnowedPerson was signed in when posted
08-21-2013
09:14 PM ET (US)
Brownbomber2-
Yes there is a 50 mile rule but that is for employment. Counselor does not count. Do you have driving restrictions?
9869
Brownbomber2Person was signed in when posted
08-21-2013
05:06 PM ET (US)
mailladypostlady
Thanks! Done some looking and found the information yesterday. Sounds like quite a bit to do to qualify for an early withdrawal without the penalty. New can of worms today. I just got a letter from OWCP for a rehabilitation interview with a counselor 100 miles away. 2 hours driving one way and it looks as if I might have to go to classes there if that is what he wants. I thought there was a rule about not driving over 50 miles from your home for employment. Anybody know if that is true?
Edited 08-21-2013 05:07 PM
9868
neicePerson was signed in when posted
08-21-2013
11:31 AM ET (US)
Ruuth - Okay, thank you, I will. (copy & paste)
9867
RuuthPerson was signed in when posted
08-21-2013
11:25 AM ET (US)
No I didnt. I dont go to that site much. Feel free... ;-)
9866
neicePerson was signed in when posted
08-21-2013
11:17 AM ET (US)
Ruuth - Good info. Did you post it on Fedsoup under workcomp to let them know?
9865
RuuthPerson was signed in when posted
08-21-2013
10:13 AM ET (US)
Anyone that has had a IME performed by a Michael Katz, google his name and articles will come up concerning his testimony in a case where he was a witness for the defendant, in this case an insurance company. He also has done many IME's for OWCP also. I was one.

He perjured himself on the stand and now is coming under investigation and may have his medical license revoked. Thousands of people examined by him now have a chance to have their cases reexamined, as this man is a liar.He was taped during an IME and it lasted less than 2 minutes. However he testified the exam was much longer and that he performed several tests. thats when the plaintiff brought out the taped that completely refuted what he said happened.
9864
RuuthPerson was signed in when posted
08-21-2013
10:06 AM ET (US)
sorry Rick, in my haste to get the word out I didnt realize.
9863
Rick OwensPerson was signed in when posted
08-21-2013
09:59 AM ET (US)
Ruuth /m9862 - thank you for your comments. Please do not post links to businesses (in this case an attorneys website)...instead, please just post the info you desire to be read from that site.

Thanks,

Rick Owens
PEN
9862
Deleted by topic administrator 08-21-2013 09:57 AM
9861
mailladypostladyPerson was signed in when posted
08-20-2013
11:33 AM ET (US)
Brownbomber2, go to TSP website and it has info there. (www.TSP.GOV) I think the time it takes depends on your marital status. If married you will need notarized form that spouse agree to withdrawal(form is on the site). If single, it should go straight through. You have an option on taxes also listed on the form. You can have your check in abt a week. Good luck!
Edited 08-20-2013 11:33 AM
9860
mailladypostladyPerson was signed in when posted
08-20-2013
11:26 AM ET (US)
Anyone aware of anybody able to collect a SA based on cervical or lumbar DDD and how was it done?
9859
Brownbomber2Person was signed in when posted
08-20-2013
09:30 AM ET (US)
Has anyone on here been able to get a hardship withdrawal from their TSP? If so, can you steer me to a site that tells how to apply. About how long did it take and do you have any idea what the percentenge they withhold for taxes? Thanks.
9858
QuestionguyPerson was signed in when posted
08-16-2013
07:02 AM ET (US)
Thank you, I didnt know our union offered short term disability. And I am a steward. Thats embarrassing. I would have definitely signed up. Thank you for the advice. Doc didnt seem to optimistic but there sending me to University of Michigan for consult. Thank you for the advice.
9857
Brownbomber2Person was signed in when posted
08-15-2013
09:55 PM ET (US)
neice
Thanks for the information. I haven't been on here for a few days. Appreciate the help!
9856
Brownbomber2Person was signed in when posted
08-15-2013
09:51 PM ET (US)
Questionguy
There are options, if you find out that you have cancer and it is going to prevent you from work. First go to the social security office with your documentation from the doctors and apply for Social Security Disability. You may qualify for that if you are expected to be off of work for a year or more. Should that be the case, you might want to consider postal disability retirement. As far as I know, it does not have to be a disability from anything job related. Depending on the cancer and the diagnosis, you may qualify for that as well.
9855
neicePerson was signed in when posted
08-15-2013
09:25 PM ET (US)
questionguy - Unless you bought some short-term or long-term disability insurance through the union or else where, you really don't have any options.

If you work for the post office there is a way to request through HR to have your name posted for employees to donate their annual leave for you. But, other than that, that's what your sick leave & annual leave are for.

Don't forget to request FMLA for your absences.
9854
QuestionguyPerson was signed in when posted
08-15-2013
05:16 PM ET (US)
I apologize, I know this is not an on the job injury. I simply do not know where else to ask and I am kind of freaking out. Afraid of losing everything. I was recently diagnosed with what is most likely cancer. Due to two previous surgeries I have a month or so of sick leave left and have been trying hard to build it up. What are my options as far as disability some type of pay? What if I am only off for six months,a year or whatever?
9853
Deleted by author 08-17-2013 01:39 AM
9852
SnowedPerson was signed in when posted
08-14-2013
08:14 PM ET (US)
et-
You need a doctor to explain why your injuries are consequential to your work related one. Find a specialist who has more than half a brain.
9851
SnowedPerson was signed in when posted
08-14-2013
08:12 PM ET (US)
on my way out-
Depends on many variables. Great news about Samantha!
9850
rivkahPerson was signed in when posted
08-14-2013
05:29 PM ET (US)
I am working on my formal eeo. What remedies can be requested for disability discrimination & mgmt doing nothing about harrassment by a coworker. I am trying to formulate my complaint & not sure how to state things. I've called dozens of lawyers who all want big bucks. I'm not comfortable putting details on a public forum.
9849
etPerson was signed in when posted
08-14-2013
05:59 AM ET (US)
 Hi snowed I won my case after losing it to ecab, owcp put wrong info in wrong file took 4 years. Question I had my surgery returned to work and within that month had to stay out, due to associated injuries related to a long time in winning my case. Dr is dick and I'am really hurt after telling him the truth . had mico knee injury, keep getting spasms,swelling r knee, sciatica,after two years after surgery.
asked for consequential injuries many times. owcp delayed pt for 6 months. Even after getting pt
still having problems. no luck with dr dick. any way or ecab deceison which can help me due to there error
in getting consequential injuries due to time. dr dick is no help never believed me even when I walked into
office with my right shoe squaking, yes changed shoes, 5 times, yes second owcp dr said Iam done. But
won't approve consequential injuries. any ideas, Still no money
just about everone knows I'am injury except my dr. pt guy says
your hurt , my regular dr said my dr is nuts, if your knee is still
screwed up, your going to keep having spasms.. Sorry about spelling
4 am and can't figure out, how I managed in picking this guy.
Edited 08-14-2013 06:06 AM
9848
on my way outPerson was signed in when posted
08-13-2013
11:51 PM ET (US)
Hi Snowed: I am 60 years and have 27 in at p.o. Are you saying its more advantageous to retire regular, instead of dr?? I applied and was approved for Social Security Disability, just waiting for the non-medical?? Which way? Regular or dr?? THX, you always give the best advice. By the way, Samantha, the one we were all praying for, she came back from the Mayo Clinic yesterday, and they found Nothing wrong with her. They told the family to just keep monitoring her. So, thx for all the prayers from EVERYONE. Will keep you posted on her progress.
9847
SnowedPerson was signed in when posted
08-13-2013
05:20 PM ET (US)
wbm-
You would get your regular retirement since it would be higher even if you applied for DR.
9846
wbmPerson was signed in when posted
08-13-2013
02:22 PM ET (US)
I know that there are ppl here that need answers to their problems and I don't mean to waste the administrators time but I might have asked this question but I couldn't find the answer. I have the time in to retire (56/32 yrs) but I'm out on disability. If the p.o. contacts me saying they are putting me in for Disability Retirement, do I have the option, at that time, to retire normally or do I have to accept the DR. Thank you in advance
9845
SnowedPerson was signed in when posted
08-12-2013
11:38 PM ET (US)
agree with neice...give them 40 days to respond...if no answer , write to the District Director with a copy of your first request.
9844
neicePerson was signed in when posted
08-12-2013
10:09 PM ET (US)
Your doctor needs to write a letter that your neck is a consequential injury to your shoulder with medical rationale. You also need to write a letter to owcp requesting that your neck be added as a consequential injury to your shoulder injury. Once you get all that documentation, plus your other medical testing you have, then send all of it to owcp so that you can verify on-line that they got it. (certified mail, delivery confirmation, etc. however you want to mail it)
9843
Brownbomber2Person was signed in when posted
08-12-2013
08:48 PM ET (US)
Can someone tell me how to expand my case from just my shoulder to my neck as well. I have the documentation now that I need.
9842
rr01Person was signed in when posted
08-11-2013
10:02 PM ET (US)
e-mail sent .mine is ezduzit142000@aol.com - Thanks.
9841
K. Thurman, Ellis ClinicPerson was signed in when posted
08-11-2013
08:09 PM ET (US)
rr01 - if u will email me at mail@ellisclinic.com, I'll try and help you out! :-)

Thanks
Kelly Thurman
Ellis Clinic
Edited 08-11-2013 08:10 PM
9840
rr01Person was signed in when posted
08-11-2013
08:03 PM ET (US)
My claim for airfare to the ellis clinic has been"disallowed" I am going to appeal this and wondering if I should go with (review of written record) or (reconsideration).

CE stated that I should have gone with the second opinion doctor that they sent me to for my last claim. This doctor (obianwu)"saw me for a total of less than 5 minutes" and when I looked him up, he had 29 cases where he decided against the claimant. So, claims examiner's basis for her decision was that I should have gone to this guy who was not in my best interest. I had sent CE a letter showing the more than 30 FIRST Opinion Dr.s in my area that wouldn,t or couldn,t do an impairment rating under 6th edition guidelines. Which appeal would I have a better chance with?
Edited 08-11-2013 08:05 PM
9839
donkPerson was signed in when posted
08-11-2013
01:50 PM ET (US)
I am a rural carrier who will not be able to go back to the route because of my work restrictions. Are there any other carriers who have this experience? Did they find work for you in the PO. I am 61 and they tell me I will have to find work in private sector. I live close to a district hq but they keep saying no PO jobs available. Anybody have success trying to stay with PO.
Thanks
Donk
9838
neicePerson was signed in when posted
08-10-2013
05:54 PM ET (US)
rivkah - Not if it's over 30 minutes each way to work.
9837
rivkahPerson was signed in when posted
08-10-2013
05:26 PM ET (US)
Is a job offer medically suitable if it is 1-1 1/2 hrs from home & restrictions state you cannot travel more than 30 minutes each way to work.
9836
brokenmailmanPerson was signed in when posted
08-10-2013
09:39 AM ET (US)
ginaze444 if you have kaiser in san diego they have a work comp department. heard good and bad....
9835
SnowedPerson was signed in when posted
08-07-2013
12:26 PM ET (US)
ginaze444-
you can check feddoctor.com but you might want to travel to find a good one. I heard Pheonix AZ has a good place or LA.
9834
RuuthPerson was signed in when posted
08-07-2013
11:06 AM ET (US)
Broken

yes it is.
9833
brokenmailmanPerson was signed in when posted
08-07-2013
09:56 AM ET (US)
is money received for schedule award tax free.....
9832
ginaze44Person was signed in when posted
08-05-2013
08:48 PM ET (US)
Hi,

Does anyone have any ideas about a good Federal Worker's Comp.Dr. in the San Diego, Ca. area. I've searched and cannot find anyone online.
I am a x-clerk for the P.O.

Thanks
Edited 08-05-2013 08:49 PM
9831
SnowedPerson was signed in when posted
08-05-2013
08:00 PM ET (US)
jimpostal-
If you re-injured your hand while working then it is NOT a recurrence but a new injury. File A CA-1 and you will also be eligible for COP for 45 days. File a grievance and you can report them to OIG or OSC to investigate. Refusing to file a compensation claim is a crime.
9830
NECarrierPerson was signed in when posted
08-05-2013
06:44 PM ET (US)
/m9829 There are a couple of paths to pursue. 1) Talk to your steward. 2) Call the folks at Occupational Health. Tell them you reinjured your hand (that has a previously accepted workman's comp claim, be ready with that claim number) and that management is refusing to complete your CA-2a. Ask them what they would like you to do.
I would say that you reported the new injury as soon as you realized it was a new injury and not just residual soreness from the previous injury. There is no "24 hour" requirement. You are supposed to report an injury as soon as you realize you are injured, which is what you did. If they want to give you a LOW for late reporting, let them try to prove when you realized you were hurt: good luck with that.
9829
jimpostalPerson was signed in when posted
08-05-2013
03:52 PM ET (US)
Can anyone help me with a quick answer? I reinjured my hand with two hours left in the day. Exactly same weakened hand, never completely healed or at maximum recovery. Did not report it immediately (I know I should have) as I was unaware of how bad it was. I called in sick later and completed a CA-2a form (Notice of Reoccurrence). When I returned to work I was hustled into office and told that I DIDN'T have a Reoccurrence, but that I had made up the story in order to cover my three days off (?!?!?!) and threatened with discipline. I was told that since I did not report my supposed Reoccurrence within 24 hours of the actual incident, my claim was "null and void" (THATS ridiculous, but supervisor actually said that). As mentioned I submitted my paperwork, signed my copy in front of them and a copy for them as well, and asked them to fill out their part and to issue me the receipt. That was seven days ago. They have not done anything with the paperwork since. Apparently they are refusing to complete their part as according to them it is "null and void". It has been such a long time since I have filled one of these out - I don't recall what I am supposed to do if they refuse to even acknowledge. I have just complete my weekend and will go into work again tonight. How can I get them to actually do what they are legally REQUIRED to do and complete the paper work?
Edited 08-05-2013 03:53 PM
9828
neicePerson was signed in when posted
08-05-2013
08:37 AM ET (US)
agodlywoman - The info for her is in my post. She needs to appeal the termination. I don't know what kind of appeal options she has, but if she has the "Review of the Written Record" (more medical info can be sent in), that would be the one to use because she can ask her doctor to rebut the quack's report with more medical narrative, evidence, rationale. Also, see in 9824 the citation on Termination. She should look up ECABs which show case law in support of her still having residuals, etc.

She needs to address the proper rotation & owcp selecting a predictable doctor in another state instead of a specialist close to her zip code, as listed in the citation in 9824. She needs to look the quack up on ECAB and see who else he wronged & list those citations which show the doctor's predictability.

Make sure she writes a rebuttal letter and she asks her doctor to write a rebuttal letter for her appeal.
9827
agodlywomanPerson was signed in when posted
08-04-2013
11:44 PM ET (US)
neice: i had a friend who was sent to another opinion dr. in another state. i was sent to the same specialist type within 30 miles. this dr. stated she was 100% healed from her back surgery and could return to work with no restrictions. seeing how there were drs. closer to her, how can she check to see that they did do correctly in the rotation and didn't shop? my friend wasn't in the room 10 minutes and the doctor did nothing, no tests, etc. she doesn't know what to do to help herself.
9826
brokenmailmanPerson was signed in when posted
08-04-2013
10:19 AM ET (US)
checked cqs this morning. 44-2013-08-02 entitled-sa-payment pending certification. yea almost done.
9825
RuuthPerson was signed in when posted
08-02-2013
06:15 PM ET (US)
anyone know what code 94 is on CQS?
9824
neicePerson was signed in when posted
08-02-2013
09:59 AM ET (US)
Everyone: I notice from reading the various blogs, that owcp is trying to dump many claimants. Just so you know, you have a right to be a participant in the selection of the IME Referee doctor.

Here are some important citations, rules to help you:

TERMINATION
"Subsequent to the termination of benefits appellant did submit several reports from his treating physician, Dr. Maurer, which supported a finding of continued residuals of the accepted bilateral carpel tunnel syndrome. Therefore, at the time of the Office's last merit decision on Dec. 22, 2003 an unresolved conflict existed in the medical evidence as to whether appellant had residuals of the accepted condition. The Office therefore did not meet its burden of proof to terminate appellant's compensation benefits on the grounds that her residuals had ceased. The Aug. 10, 1999 and Dec. 22, 2003 decisions were reversed. Joyce L. Paulin, Appellant, ECAB Docket No. 04-1121, Issued Sept. 8, 2004, 2004 WL 2399622"


Selecting IME:

"Unlike the selection of a 2nd opinion physician, the selection of an impartial medical specialist is made by a strict rotational system using appropriate medical directories. FECA Part 3 - Medical Exam, Ch. 3.500.4 (3/1994). There is no indication that the Office properly notified appellant that a conflict in the medical evidence existed and that the referral to the referee physician was intended to resolve the conflict. ECAB held that the Office must clearly notifiy a claimant of the existence of a conflict in the medical evidence and of the identity of the physician selected to resolve the conflict. See Henry J. Smith, Jr. 43 ECAB 524 (1992) reaffirmed on reconsideration, 43 ECAB 892 (1992). A claimant has a right to be apprised of the existence of a conflict in the medical evidence, and, UPON REQUEST, TO PARTICIPATE IN THE SELECTION OF AN IMPARTIAL SPECIALIST OR RAISE OBJECTIONS TO THE SPECIALIST SELECTED. Henry J. Smith, Jr. The Board also held that the referral letter was not sufficient to establish notification of a conflict int he medical evidence existed under 5 U.S.C.A. 8123(a).

SAMPLE OF OBJECTION LETTER TO OWCP ABOUT IME EXAM:

Claimant objects to the Referee evaluation exam with Dr. H, in WA for an IME exam:
1. Dr. H is far too predictable in affirming OWCP decisions. FECA PM 3-500.6
2. It appears Dr. H was selected contrary to the PDS and FECA PM 3-40-500 rules designed to insure impartiality. The doctor's office is located 30 miles out of claimant's geographic area and a number of zip codes away from claimant's zip code address.
3. The Office failed to include the claimant and his lawyer in the selection of the referee specialist as requested by the 2/12/08 letter. FECA-PM 3-500.3. (The fact that the selection of the secop was done by the contractor does not RELIEVE OWCP of the responsibility to insure impartiality of Secop opinions).

PREDICTABILITY: Dr. H has appeared far too often as a referee physician to be considered an "impartial selections from the rotation list as FECA PM 3-500(6) requires". Upon the specific request of the employee or his attorney, or when otherwise indicated because of highly controversial issues, the AMA or the OMA will prepare a list of three or more certified specialists for submission to the employee or his/her attorney, permitting the employee to participate in the selection. Vernon E. Gaskins, 39 ECAB 746, 1988 WL 214897 (ECAB). "Physicians may be eliminated from the rotation if they are not willing to perform examinations for OWCP, IF THEIR REPORTS HAVE SHOWN A PREDICTABLE PATTERN AMOUNTING TO BIAS... The district office must maintain supporting documentation for the elimination of any physicians from the rotation (city telephone conversations with dates, specific case files in which bias is demonstrated, etc."

IMPARTIAL SELECTION OF REFEREE PHYSICIAN: FECA PM 3-500.7(d)(4) requires that the reasons for not selecting the nearest specialist should be documented in the case file. Please send me the documentation to me at your earliest convenience. T.P., Appellant, ECAB Docket No. 07-60, May 10, 2007, 2007 WL 1952444 (ECAB) - When the Office failed to contact two of the 10 specialists in the claimant's zip code, the Board reversed the Office decision terminating compensation; L.W. Appellant, ECAB Docket No. 07-1346, Issued 4/23/2008, 2008 WL 2789604 (ECAB), ECAB excluded medical referee exam evidence when the Office skipped nine specialists located nearer to the claimant than the one selected.

DOCTOR'S NAMES: The district Office should maintain a referral log or a chronological file of referral letters and CA-110s to demonstrate that rotation procedures were satisfied. If claimant has requested from the OWCP provider the three names of the impartial medical specialist, and the OWCP fails to provide the names prior to the selection, THE IME WILL BE EXCLUDED. FECA - PM 3-500.3.
9823
agodlywomanPerson was signed in when posted
08-01-2013
07:13 PM ET (US)
i got my answer. it just transferred 2 owcp. i still have it.
9822
agodlywomanPerson was signed in when posted
08-01-2013
03:40 PM ET (US)
yippee. this time i tried it and it worked. last night it didn't. go figure. lol something else just came up. been on comp since 05. got a 50 stating i had 31 days of life ins coverage during which i could convert. i didn't even look at the form. my bad. i was still in bad shape mentally. i'm filling out my retirement package. regular. naturally i thought i could have basic life insurance. then snowed told me to look at a form 50 for something else. i saw that. of course i thought "crap." now what. i have to get a policy on my own. but i got my owcp wage form, and it states $109.00 life insurance is still coming out. what's going on? i had a lot above basic. how can i have a 50 stating i don't have it, yet they've been taking it out constantly since the year after i was on lwop and on the comp payments? help.
9821
Rick OwensPerson was signed in when posted
08-01-2013
08:48 AM ET (US)
agodlywoman - /m9820 - Rest assured that I have not blocked your posting. I have no idea what the problem may be - please try asking the Quick Topic owner...I just lease these forums from his company every year. Use contact at the bottom of this page - hopefully he will get your message.
9820
agodlywomanPerson was signed in when posted
07-31-2013
09:25 PM ET (US)
rick: could you please let the topic admin know that i've been blocked from posting erroneously. snowed and i can't figure out what the problem is. i changed email addys, but we don't think that would have posed a problem. i've been posting for years with no problem. thank you kindly.
9819
agodlywomanPerson was signed in when posted
07-31-2013
09:21 PM ET (US)
a friend of mine was sent to a 2nd op doctor in another state. he told owcp that she was 100% "fixed", healed, from her lower back surgery, with no restrictions. how in the world can she get a dr. to help her fight this? all she had was a surgeon, who released her after the surgery, and doesn't understand how to help her.
9818
suezqPerson was signed in when posted
07-27-2013
11:51 PM ET (US)
Snowed 9808 I have submitted info showing that I am in a makeshift/odd lot job, this was also stated by management in a grievance, statements from unions that this was makeshift, medical info that I still have residuals but can work 8 hrs, new EMG test (which OWCP would not accept) other statements from people stating that if I was to retire that the position I am holding could not be bid on as its a makeshift. The doctor will not make anymore statement/reports as he wants to wipe his hands of me!! So I don't know what else to submit. I was NRP'd in 2009. I have sent everything that I got from the APWU site, copies of previous ECAB decisions and showing where mine was just a makeshift job. What else can I do? Thanks for you help.
Edited 07-29-2013 02:56 PM
9817
SnowedPerson was signed in when posted
07-26-2013
02:26 PM ET (US)
http://www.dol.gov/ecab/decisions/2009/Feb/08-2105P.PDF did not prove lwec was in error(no evidence submitted)

http://www.dol.gov/ecab/decisions/2001/Aug/00-0821.PDF
Edited 07-26-2013 02:27 PM
9816
SnowedPerson was signed in when posted
07-26-2013
11:00 AM ET (US)
9815
neicePerson was signed in when posted
07-26-2013
10:59 AM ET (US)
jimpostal - can you get the spbs operator job description from the union and/or is it on the apwu.org site?
9814
SnowedPerson was signed in when posted
07-26-2013
10:56 AM ET (US)
http://www.dol.gov/ecab/decisions/2010/Jun/10-0619P.htm
http://www.dol.gov/ecab/decisions/2011/Jul/11-0145.htm
http://www.dol.gov/ecab/decisions/2011/Sep/11-0523.htm
9813
SnowedPerson was signed in when posted
07-26-2013
10:37 AM ET (US)
jimpostal-
NO it cannot be used for a LWEC. Most of us on limited duty are in a SF-50 job but we ARE NOT doing the job. It is up to you to explain to OWCP the difference. I have a case example but you will have to give me time to find it.
9812
InjuredPerson was signed in when posted
07-26-2013
06:29 AM ET (US)
Jim..if there is still time for u before being RIF, I would suggest trying to get an emotional claim added to ur Owcp file..then I would see if Dr would be willing to take u out of hostile postal environment permanently....
9811
jimpostalPerson was signed in when posted
07-26-2013
01:04 AM ET (US)
Suddenly I realize why I was abruptly called back and "officially" given my old job, but with entirely new and incredibly easy duties.

Our plant is undergoing major changes - where we will be bringing in multiple DBCS's we will be DPS sorting mail for many local Mail Processing Centers at are being closed. At the same time we will be eliminating all of our parcel sorting and will be sending that to another Mail Processing Center in a distant city - including the SPBS that I work on. Unless I am reading this wrong - I was brought back to my OLD Job with newly defined duties simply so that they could eliminate my job and not have to compensate me. This IS/WAS a set up. I should have suspected. Now I see the writing on the wall - but what can I do about it?
Edited 07-26-2013 01:05 AM
9810
jimpostalPerson was signed in when posted
07-26-2013
12:50 AM ET (US)
Therefore my "light duty" job COULD be used as the basis for a Loss of Wage Earning Ability rating according to the first paragraph of that section. If applied in such a way of course, my Loss of Wage Earning Ability would be the dreaded "0", which would make me ineliglble for compensation WHEN (not if) my machine is taken from the building and my job is eliminated.
Edited 07-26-2013 12:52 AM
9809
jimpostalPerson was signed in when posted
07-26-2013
12:19 AM ET (US)
Snowed: In MY situation the job that they called me back for, and what my light duty job offer says is "SPBS Operator" therefore by title anyway it appears to be a "classified job" and not "makeshift or odd lot". I am even required to bid annual with the regular SPBS Operators - there can be no more than two of us off at any time and even though I cannot run the machine, but just walk around it - I have the same hours and the same "Schedule 50" job classification.

What I am to actually do though is broken up in the description of my job with 8 unrelated tasks officially listed (like handstamp and placard scanning, answering telephone, and doing peripheral checks around building) that have nothing to do with running a SPBS. Only someone who has some clue as to what a SPBS is and what an operator would do (certainly not OWCP) would have any awareness that even those I officially HAVE a classified job, same job and hours as I had previously - I don't do any of the tasks of that job.

And now that they are getting rid of the SPBS - they could just claim that there was a RIF and that my job was eliminated - making me ineligible for a ReOccurrence according to the definition.
Edited 07-26-2013 12:53 AM
9808
SnowedPerson was signed in when posted
07-25-2013
11:28 PM ET (US)
suezq-
what did you submit?
9807
InjuredPerson was signed in when posted
07-25-2013
10:55 PM ET (US)
Snowed, Tnks for info
9806
dekay1820Person was signed in when posted
07-25-2013
08:39 PM ET (US)
I am so ready to leave this stupid job at the call center. They are starting to get on us for everything. No surprise there but I am just so tired of it. Are we required to lie to customers if it is a direct order? They want us to tell customers after we file complaint that someone will call them in 24 hours. HA! That NEVER happens. Most of the time they get no call back ever. It takes 24-72 hours for case to close. Then they end up calling back mad because no one called them. They want us to lie about a lot of things and I am not comfortable with that at all. Also regarding annual leave does the clerk craft and carrier craft have different rules regarding spot annual? This sup of mine lies every time she opens her mouth. Also really no surprise but you know....
9805
suezqPerson was signed in when posted
07-25-2013
12:46 PM ET (US)
Snowed the paperwork was sent 4-26-2013 so I have l yr to file for reconsideration. Their paperwork said We have declined your request. We have not reviewed the merits of your case. They again quoted the 3 reasons that warrant a modification for a formal lwec: 1. original lwec was in error, claimant retrained or otherwise vocationally rehabilitated or claimants accepted employment-related medical condition has materially changed rendering the unable to perform the modified position on which LWEC was based. I have nothing else I can add to this as I know it shouldn't have been issued on an odd lot makeshift job. I have provided all I know to submit. Any suggestions?
9804
SnowedPerson was signed in when posted
07-25-2013
12:42 AM ET (US)
All citations from the DOL website and updated.
9803
SnowedPerson was signed in when posted
07-25-2013
12:38 AM ET (US)
"3) Classified Position. In order for a Federal position to be representative of an injured employee's WEC, it should be a "classified position." See 20 C.F.R. §10.510. A formal WEC decision may not be based on an odd-lot or makeshift position, or one that is sporadic in nature.
In determining whether a given job is make-shift or odd-lot, the ECAB has looked to such factors as whether the job has detailed work duties and a set schedule. A.J., Docket No. 10-619 (issued June 29, 2010). See, B.B. Docket No. 10-24 (issued December 23, 2010) (ECAB found the job appellant obtained at a company owned by a friend, who accommodated his restrictions, to be sheltered employment.); M.H. Docket No. 09-2349 (September 2, 2010) (ECAB found appellant's receptionist job for a family owned company constituted sheltered employment, as the restricted work was self-paced without a set schedule.); William Emory, 47 ECAB 365, 368 (1996) (finding babysitting for grandchildren not a proper basis for a LWEC determination; the factors particular to the case indicated a position designed for his particular needs); Elizabeth E. Campbell, 37 ECAB 224 (1985) (ECAB held the position was makeshift, as it allowed the use of a partner to lift cartons and was eliminated when the employee was laid off.).
The case file should therefore contain evidence of a formal job title, established work schedule, and written position description. A detailed description of duties and physical limitations of the position should also be in the record. The physical limitations of the position should not exceed the injured employee's work tolerances.
Required evidence not in the file should be requested from the employing agency. If the totality of the evidence is ambiguous following any applicable development, the CE should seek clarification from the employing agency."
9802
SnowedPerson was signed in when posted
07-25-2013
12:35 AM ET (US)
the APWU site is misleading.
9801
SnowedPerson was signed in when posted
07-25-2013
12:31 AM ET (US)
20 CFR 10.5.x was changed to clarify the definition of
“Recurrence of Disability.” The following language was
added to the definition:
A recurrence of disability does not apply when a lightduty assignment is withdrawn for reasons of misconduct, non-performance of job duties or other downsizing or where a loss of wage-earning capacity determination as provided by 5 U.S.C. 8115 is in place.

"Section 10.509 was also modified by splitting that section into two
sections, Sec. Sec. 10.509 and 10.510. Section 10.509 now covers only
situations involving the effect of downsizing of a light duty position
on compensation. New Sec. 10.510 describes when a light duty job may
be used as a basis for a loss of wage-earning capacity determination."

"Sec. 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 Sec. 10.5(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.


Sec. 10.510 When may a light duty job form the basis of a loss of
wage-earning capacity determination?

    A light-duty position may form the basis of a loss of wage-earning
capacity determination if that light duty position is a classified
position to which the injured employee has been formally reassigned.
The position must conform to the established physical limitations of
the injured employee; the employer must have a written position
description outlining the duties and physical requirements; and the
position must correlate to the type of appointment held by the injured
employee at the time of injury. If these circumstances are present, a
determination may be made that the position constitutes ``regular''
Federal employment. In the absence of a ``light-duty position'' as
described in this paragraph, OWCP will assume that the employee was
instead engaged in non-competitive, makeshift or odd lot employment
which does not represent the employee's wage-earning capacity, i.e.,
work of the type provided to injured employees who cannot otherwise be
employed by the Federal Government or in any well-known branch of the
general labor market."

THERE IS NO REAL CHANGE
9800
Deleted by author 07-25-2013 12:32 AM
9799
InjuredPerson was signed in when posted
07-24-2013
11:23 PM ET (US)
Snowed......Jim.....

This is a link to an article dealing w lwec and modified jobs


http://www.apwu.org/dept/human-rel/magarts/hrma-12-2.htm
9798
SnowedPerson was signed in when posted
07-24-2013
09:02 PM ET (US)
How much time do you have left for the reconsideration? Why are they denying your request? What is your argument like? Have you included case precedent and a argument?
9797
suezqPerson was signed in when posted
07-24-2013
07:38 PM ET (US)
Snowed I understand what you wrote on the LWEC but OWCP is issuing Formal LWEC once a person is back 90 days. I have been fighting this for 4 years as I am in a non-bidable
 job. The last time I asked for a reconsideration they refused to even look at it; always before the would add what ever I sent but this time past May they immediately sent back saying they were denying my request for reconsideration so I am at a standstill on what my game plan is now any suggestions. I think the ones that OWCP LWEC because the USPS wanted that done is going to be hard to fight. This is unjust for everyone LWEC.
9796
SnowedPerson was signed in when posted
07-24-2013
07:14 PM ET (US)
brokenmailman-
Don't let it take that long. Give them about 100 days then write the District Director and ask for assistance. Always write the District Director at the street address.

on my way out-
Nice to know her name. I am sure your words will bring Samantha comfort.
9795
neicePerson was signed in when posted
07-24-2013
02:23 PM ET (US)
on my way out - Very beautiful....
9794
Bg3021Person was signed in when posted
07-24-2013
01:38 PM ET (US)
Snowed and Injured, thanks for your advice.
9793
on my way outPerson was signed in when posted
07-24-2013
11:01 AM ET (US)
SNOWED: Her name is Samantha.
 I know your life is pretty rough right now,
in fact you may be thinking it's not fair,
but you have many people in your corner,
with hearts full of love and care.
 We will all be praying for you,
hoping that everything will be alright,
and asking our heavenly father,
to comfort you and make your worries light.
 Always keep your faith,
don't ever lose your thoughts and heart filled with love,
and if you feel down and sad,
close your eyes and look at your wonderful God above.
 Please know that we love you,
and are worried very much,
we wish you a speedy recovery,
and the warmest wishes of great luck.
It took me about 30 minutes to do this, as I writing it for her, 15 years old. I also taped it to construction paper, so you can either frame it, or take the actual paper and put in her wallet. I called it her take along. Cute, huh??
9792
brokenmailmanPerson was signed in when posted
07-24-2013
09:26 AM ET (US)
anybody have an idea how long for scheduled award. owcp cqs site says sa developed. doctors report received may 2013. ive heard up to a year. thanks
9791
SnowedPerson was signed in when posted
07-23-2013
10:25 PM ET (US)
on my way out-
Good luck with the poetry. I will add your friends daughter to my prayers.
9790
on my way outPerson was signed in when posted
07-23-2013
10:10 PM ET (US)
SNOWED: Thx for your friendship!!!!!! I keep praying if I keep throwing stuff at the wall, eventually something will stick, if not, hey, look at the exercise I'm getting. LOL. On a more serious note, I write poetry, and I am having to write a really tough one, even for me. My husband has a coworker whom were close with for over 17 years, whose 15 year old daughter, just had her quincenyeria is seriously ill. She has been having fainting spells for quite a well, but they didn't want anyone to know. Started after the planning. They've done all they can for her here, so their going to the MAYO clinic in Houston I think, if not New York. We're giving her some money to help with expenses. Told husband to check on her. If still there in two weeks, we'll give again, and again and again. My husband admired me for this. Told him everyone rushes at first, but then where are your friends when time goes on???? Something for everyone to ponder on. Again THX!!! Got work to do. Someday will post one on here. Believe it or not, have won contests and been published.
9789
SnowedPerson was signed in when posted
07-23-2013
08:12 PM ET (US)
unless you read something I didn't see.....post link if you have.
9788
SnowedPerson was signed in when posted
07-23-2013
08:12 PM ET (US)
Injured-
job offers yes LWEC NO. It must be a classified funded position. They can do an informal LWEC basically to ease paperwork for the CE but it does not mean the same thing.
9787
SnowedPerson was signed in when posted
07-23-2013
08:09 PM ET (US)
on my way out-
thanks for the update. I do not want to post what I am thinking but I am sure you can guess......
9786
on my way outPerson was signed in when posted
07-23-2013
07:51 PM ET (US)
Snowed: you said to keep posted, here it is. Got my CA 7 and CA 7a's back last week where I was trying to buy back my sick leave from April 10 up to June 25. Are you ready for this. She marked through the first 45 days and wrote on there COP period.????? THEY DID NOT PAY ME FOR IT!!!!! Then she denied the rest of it, saying it was out of the time frame????? Totally denied. My steward came over last week and I gave him copies of all of it, the denial letter and CA 7 and 7a from injury comp, the letter I received from OWCP that told me they had nothing to do with COP, up to my agency, and a letter I wrote giving my steward total control to present any and everything, including all medical, and signing my name. Last week NationalNALC called me and I told him I had meeting with lawyer for yesterday. Told me I was wasting my money, as they represent me for free. Told him I had been dealing with this since April 10, in my books, if it took me over 3 months to deliver a day of mail, I'd be fired. He didn't like that to well. Told me to be patient. Went and paid lawyer 100 dollars yesterday for his advice. Had met with him for an hour last week. He earned it as he went through at least a foot of paperwork. Told me I didn't have a case to sue. Couldn't believe how the union had let me down. Told me to get out. Made me realize how much I was putting all the blame totally on management. Told me I was a pawn, for them to get other grievances passed. How true. I have their health insurance, so much for that. I would like to retire by the end of the year if possible. Had planned on August 30,2013. Isn't going to happen. Went on LWOP today, so I went and filled out enough 3971's to last through the end of September. Social security disability will kick in the first of October. Went ahead and cleaned out 2 stuffed lockers of uniform things. Wow. You accumulate alot over 27 years. I'll say this, I had everything and then some. VERY SAD. We can make all our plans, then GOD has his. Anyways, got a response card back from USPS OIC saying they had received documents and were putting it into the system. Not one word from my congressman. Husband told me so. Another carrier went to hers and got paid within 2 weeks. I always get stuck with the wrong one. Will pay a surprise visit to his office on Friday. Will be sending Jo Ann Feindt a letter stating just the facts by next week. I refuse to retire until I get my COP paid!!! So, retirement plans on hold for Quite awhile. Also am filing an EEO against injury comp for their denial. I may not win, but I will cause them to spend alot more than I am. When I think of it, I still crack up about the supervisor that caused most of this yelling over the pa about wasting rubber bands. 90 dollars a bag. Probably 10 for a penny. EEO runs at lead 3,000, each one. I've already filed four total in the last 4 years. Gotta love it. Thx for listening, and yes, I'm still fighting.
9785
InjuredPerson was signed in when posted
07-23-2013
12:01 PM ET (US)
Snowed....I thought that with the recent changes to feca that modified and pt work can be used for lwec????
9784
John828Person was signed in when posted
07-23-2013
05:58 AM ET (US)
Snowed: Thanks! Will see physician today. I'd rather work 8 hurs than accept FERS D/R. Will keep you posted....
9783
neicePerson was signed in when posted
07-23-2013
12:03 AM ET (US)
jimpostal - I found an ECAB which I think might help answer some of your questions: It's Docket No. 10-1425, Issued 4-26-11, It's between L.W. v. USPS, Savannah GA

It's good to read the ECAB's because you get to read the laws and can see what will benefit your case.
9782
SnowedPerson was signed in when posted
07-22-2013
11:54 PM ET (US)
John828-
Yes your breaks could be considered a reasonable accommodation if they allow you to work 8 hours or in any classified, funded position.
9781
SnowedPerson was signed in when posted
07-22-2013
11:53 PM ET (US)
jimpostal-
If OWCP gives you a formal LWEC, you should be notified and given appeal rights. Modified/limited duty work is not a classified position so LWEC's should not be done on them.
9780
KIMMIEKPerson was signed in when posted
07-22-2013
11:40 PM ET (US)
jim

AGREED.. I believe it to be true also.. funny how this came up at the very same time as 2 other issues.. the Walker Class and the bringing back of employees that were NRP'd.. they have been throwing employee's paperwork around town and giving this to people NOT qualified to have it. Thus the new class .. the Glee Williams class is being formed.
9779
InjuredPerson was signed in when posted
07-22-2013
07:49 PM ET (US)
Jim, the only way I know how to find that info is to ask your CE, however sometimes it's best to let sleeping dog lay....if you get my drift
9778
InjuredPerson was signed in when posted
07-22-2013
07:47 PM ET (US)
Jim....sorry, did not mean to freak u out but thought that u should be aware of how corrupt and canniving the pi can be..here is a link to Jesse's blog which is chuck full of info
http://theowcpclassroom.blogspot.com/2013/...ck-is-lwec.html?m=1
9777
John828Person was signed in when posted
07-22-2013
02:55 PM ET (US)
Neice: Thanks. I guess I won't know for sure 'till I know........
9776
jimpostalPerson was signed in when posted
07-22-2013
02:53 PM ET (US)
Anyone want to bet that the reason OWCP is not granting USPS full access to employee records is that USPS has been checking on who has been given a LWEC rating in order to just pull the rug out from under them?

I CAN'T FIND where any mention might be of my LWEC rating,, but I bet USPS could. Previously.
9775
jimpostalPerson was signed in when posted
07-22-2013
02:49 PM ET (US)
Thanks neice but those of those sites are just general sites dealing with NRP. I've already been sent home with "No Work Available". I've already been called back and been given a modified job. The problem is that now it appears that thy are going to withdraw the modified job.

This leaves me in a very special situation if I have been LWEC'd in that the presumption would be that I had fully recovered and was at full earnings capability again. Clearly that is not the case. And with these posts I am trying to find out how I can tell if I HAVE been given a LWEC number.

Can anyone else tell me?
9774
neicePerson was signed in when posted
07-22-2013
02:30 PM ET (US)
jimpostal - Look at these sites for info - I think they will help you:

http://www.nalc.org/depart/owcp/PDF/Guide%20to%20NRP.pdf

http://www.mspb.gov/netsearch/viewdocs.asp...application=ACROBAT
9773
neicePerson was signed in when posted
07-22-2013
02:20 PM ET (US)
john828 - I think if you are doing the essential functions of your job, then they would have to provide your 10 minute breaks every 1/2 hour unless they say it is an "undue hardship" on them to accommodate you.

They may always say those breaks cause an "undue hardship", but if you can prove you would still be doing the essential functions of your job, then they are SOL.
9772
John828Person was signed in when posted
07-22-2013
01:36 PM ET (US)
Snowed: Any opinion on 9761 n 9769?
9771
jimpostalPerson was signed in when posted
07-22-2013
10:30 AM ET (US)
Seriously I am freaking out here. Its a given that they are going to withdraw my job offer and I have been doing the job for some 7 months. I need to know if I have been LWECd. I checked the OWCP page "CQS Case Compensation Payment History" and it says case closed and medical payments only, but doesn't say a thing about LWEC.

I have heard the horror stories about how these things can only be overturned if they were done incorrectly - but apparently its not easy to prove they were done incorrectly and that happens quite frequently. If it happens now, I'm going to feel like I was "set up" the job they gave me was so ridiculously easy a hamster could have done it. Does the Post Office have any say in screwing peple with LWECs?

"Injured" warned me to be prepared. But what can I do to prepare?
Edited 07-22-2013 10:31 AM
9770
jimpostalPerson was signed in when posted
07-22-2013
10:09 AM ET (US)
Injured: You have me worried. Anybody know what I can do? I am to get new work restrictions - and I have already been given a modified job. If they send me home again and OWCP has LWECd me - I get no compensation. Is there any way I can find out if I have been LWECd? Please, anybody, respond as soon as possible.

If my work restrictions are exactly the same - and the made up job is simply one they don't want me to do anymore - what logic is there in removing my right to compensation?

Is there a page on the OWCP website that will tell me if I am LWECd? Please tell me where I might find this out.
9769
John828Person was signed in when posted
07-22-2013
06:03 AM ET (US)
Neice: I have been 4 hrs a day since 6/2009. I settled third party case and have a surplus. OWCP will not pay me other four hours untill surplus is drawn down. I figure if I can work 8 hours I can move beyond wage comp and retain surplus amount. I would need to retain most of my other restrictions, including my 10 minute break every thirty minutes (I have had this in office since 6/'09) when delivering 'flat streets'. Do you think USPS will 'accomodate' me on street too?
9768
neicePerson was signed in when posted
07-21-2013
08:40 PM ET (US)
john 828 - It would probably be to your advantage to ask your doctor if you could work 4 hours per day and if he could write a letter for you.

Working less hours per day has it's advantages, you still get to go to work every day, it is medically better for you and owcp will pay you for the other 4 hours.
9767
InjuredPerson was signed in when posted
07-21-2013
06:58 PM ET (US)
Jim....be prepared, if you have worked ur job for 90 days Owcp may place a lwec on the job u were doing when u were brought back and if po nrp u again u will not be able to get comp
9766
InjuredPerson was signed in when posted
07-21-2013
06:55 PM ET (US)
Snowed...agreed
9765
InjuredPerson was signed in when posted
07-21-2013
06:55 PM ET (US)
John..you simply have to submit a request for reasonable accommodation then u and po have to discuss and see if it is resonable...I would venture to say that they will probably not agree to it after which time u will have to decide if its worth pursng at eeo
9764
John828Person was signed in when posted
07-21-2013
06:30 AM ET (US)
Snowed or someone knowledgeable: Any opinion on 9761?
9763
jimpostalPerson was signed in when posted
07-21-2013
05:08 AM ET (US)
I was abruptly returned to work at the very end of December after having been out on NRP. The job offer that was put together on the spot was easily within my restrictions. So easily within in fact, that even though I had brought along paperwork requesting some time to get my doctor's assessment rather than to be required to decide on the job immediately, I took the job immediately.

Well not only did the job meet restrictions, it turned out, but ridiculously so. I have been siting at a chair for hours on end, staring at a useless computer screen. Walking around the machine to check that things are in the bins (Where else would they be?).

I knew this was not going to last. I have recently been asked to return to the doctor for restrictions update after which I would get a NEW job offer. As this job offer will be withdrawn.

So the process starts all over again. Will they send me home again? Will they fire me as they have nothing within my restrictions? (Medical firing is still not prohibited, after they jump through all the proper hoops of course). Will they offer me work at a distant office? Outplacement or within the 50 mile limit? The fun continues with another round.
Edited 07-21-2013 05:10 AM
9762
SnowedPerson was signed in when posted
07-20-2013
07:34 PM ET (US)
Injured-
They key is "terminated" and under bad circumstances so yes s/he has to fight the termination.
9761
John828Person was signed in when posted
07-20-2013
06:44 PM ET (US)
Re:9757 Would a 10 minute break every thirty minutes while doing street delivery be a 'reasonable accommodation'?
9760
InjuredPerson was signed in when posted
07-20-2013
04:43 PM ET (US)
ED, what is suppose to happen once my CE and VRS receive my change of address
9759
InjuredPerson was signed in when posted
07-20-2013
04:38 PM ET (US)
Bg, they are not obligated to offer a terminated employee a job, ur going to have to fight ur termination
9758
InjuredPerson was signed in when posted
07-20-2013
04:30 PM ET (US)
Bg, request reasonable accommodation into a modified job...if you can perform ur bid job with an accommodation it should be granted
9757
InjuredPerson was signed in when posted
07-20-2013
04:27 PM ET (US)
Snowed, yes the po is suppose to offer a modified job to a partially injured worker, that is what McConnell is all about..

Injured
9756
SnowedPerson was signed in when posted
07-19-2013
03:10 PM ET (US)
Bg3021-
You should have filed a grievance and/or EEO at the time of termination. I do not know much about the procedures of the MSPB. I suggest you post on the EEO forum to see if you have any recourse. No the USPS is not obligated to offer you work. You need to be fully recovered for restoration rights to kick in and with that termination reason in your file, you are likely out of luck. Your best bet is to cooperate with the VR counselor and look for a new career.
9755
Bg3021Person was signed in when posted
07-18-2013
06:31 PM ET (US)
Hello everyone,
Can someone tell me if the PO has an obligation to offer a limited/modified job offer to a terminated employee who's partially recovered?
 
I little background: I was terminated for (Awol/not following instructions) while on Owcp for not returning to full duty. Owcp never returned me to full duty nor terminate my compensation. I filed a mspb case but lose. Owcp and myself both tried to get a limited job offer but the PO is giving us the I'm looking but nothing available even though bids jobs were posted. Now the manager of health resource told me because I have a form-50 in my file he can not offer me a job. Owcp has me working with a voc rehab counselor.
Thank you for any input
9754
SnowedPerson was signed in when posted
07-15-2013
08:41 PM ET (US)
dogged-
Yes
9753
doggedPerson was signed in when posted
07-15-2013
07:23 PM ET (US)
Will OWCP pay for an impairment exam that is not done by your OWCP doctor?
9752
SnowedPerson was signed in when posted
07-15-2013
02:47 PM ET (US)
rr01-
You can ask for congressional help or write to the District Director. Also submit a list of the doctors you contacted.
9751
rr01Person was signed in when posted
07-15-2013
12:11 PM ET (US)
Thanks- I went to the Ellis Clinic for an impairment exam, I requested reimbursement on my $400 airfare, Ce said there were plenty of doctors here in Michigan. I Contacted over 50 - not 1 would do an impairment exam under 6th edition guidelines. I sent a letter to CE stating this and that I found 2 in Indiana , but they wanted money in advance. No reply , so I went to Oklahoma City.RR01.
9750
John828Person was signed in when posted
07-13-2013
01:02 PM ET (US)
Snowed: Thanks.
9749
SnowedPerson was signed in when posted
07-13-2013
09:24 AM ET (US)
John828-

what SSDI will do because you are over 50, is look at your work history to see if you can still work any job you previously had.
Edited 07-14-2013 03:49 PM
9748
SnowedPerson was signed in when posted
07-13-2013
09:22 AM ET (US)
John828-
You must be substantially disabled. Meaning not capable of earning about $1000/month. Depending on your training and payrate it could be yes or no....but if you really need a 10 minute break every 30, I don't see how you could ever get hired....maybe some kind of self employment at home.
9747
John828Person was signed in when posted
07-12-2013
08:10 PM ET (US)
Snowed or Someone Else Knowedgeable: Would following permanent work restrictions qualify 50 year old man for SSDI? 4 hours per day. No bending, no twisting, no squatting, no climbing. No lifting over 10 lbs. 10 minute relief break every 30 minutes. No driving at work. Thanks for any help.
Edited 07-12-2013 10:45 PM
9746
on my way outPerson was signed in when posted
07-11-2013
07:49 PM ET (US)
Rick Owens: I read the article. Does this mean the little guy finally won one????? I pray so! Thx for doing that for us.
9745
Rick OwensPerson was signed in when posted
07-11-2013
05:55 PM ET (US)
To All - I have posted an article, with OWCP/DOL links, that you really need to read and share.

OWCP Limits USPS Access to Documents and Suspends Electronic Transfer of FECA Info and Documents

http://postalemployeenetwork.com/news/2013...info-and-documents/

If the link above does not work go to PEN's blog and look for the article:

http://postalemployeenetwork.com/news/

Rick Owens
PEN
9744
on my way outPerson was signed in when posted
07-11-2013
01:15 PM ET (US)
Snowed-
     Got a call from my steward awhile ago that supposedly injury comp is telling him Workers comp is saying they denied cop saying all my doctors narrative stated was "pain". Almost 3 pages, and that was all it said. ?? He told me to call my case worker AGAIN, told him I refused. Called her 3 times on this already. She is furious about it. Reminded him I had played her and her supervisors voicemails to him last night. Believe me, if I call her again, she's liable to explode. Told me on voicemail that she would be more than happy to help me with anything OUTSIDE of COP. In other words, she doesn't want to ever hear that word ever again. I refuse to push her anymore. I called and spoke with customer rep again. She told me more than enough medical. They are sick of getting all of these calls because usps injury comp putting all of this on them. Not guiding injured properly, ad they are wasting so much TIME, like this for example. They could be doing Constructive things, instead of this. Told me the reg for injury comp to read AGAIN. Told me my case examiner had sent me and injury comp a letter stating COP is the agency's responsibility, not Workers Comp. Told her I didn't get it, sending me another one. I sent email to steward with voicemail from both case examiner and her sup. Also about conversation with rep. I've decided to give all of this to lawyer, as I finally figured it out. Injury comp is doing this also, because they feel if they keep running us in circles, well fatigue and quit. Ain't happening, if anything, I'm going after them with everything I've got. Steward told me he's asking for 500 dollars for me, and for them to be fined 25 dollars for every day they delay my COP when its ruled in my favor. Whoppee. Told him it should be 5 million to split for all of the damage that "our" injury comp has caused us. I looked at the harassment site you gave me. definitely going to give it to my lawyer on Wednesday. Plan on setting up a fund for "injured" with some of the monies I collect, after I give to my church. Feel this is why God sent me on this road. Maybe I'll keep a dollar or two for my family, but I definitely know that God is the driver. THX so much for the site.
9743
SnowedPerson was signed in when posted
07-11-2013
09:05 AM ET (US)
on my way out-
This is a must read : http://www.nalc.org/depart/cau/pdf/manuals/2012/PUB%20552.pdf
9742
SnowedPerson was signed in when posted
07-10-2013
11:26 PM ET (US)
on my way out-
Please keep us posted!!!Thank you....it is still the anger in me that keeps me on these boards...they will pay until I die or go brain dead....but hopefully they will continue to pay thru the people I helped who are now helping as well....what you are learning can help tons!!!
9741
on my way outPerson was signed in when posted
07-10-2013
11:18 PM ET (US)
snowed-- Thx for the root. My steward just left my house. I called National Nalc today to find out about retirement, as I am going to have to go into lwop Real quick, due to sick leave exhausted. He asked about my COP, told him denied. Said they can't do that, and I told him they do whatever they want. Then he implied that I should take some initiative, like maybe write a letter to my postmaster. Lost it, I think it was at least 10-15 minutes before I took a breath. I threw the books, kitchensink, and whatever else I could at him. Told him I was stuck in a corner, but I was still going to keep swinging. Told him of all avenues I had tried. 1 letter? How about over 10. By the time I got done, I don't think he'll ever say that to me again. Our regional National Business Agent got called, she called our local branch, and they called my steward. He couldn't call me fast enough. He came over and I gave him a ton of info on my case. They were meeting on my grievance tomorrow. Sta mgr told NOT to pay me cop per injury comp. NBA is coming tomorrow on another matter, but she wants all my info. She wants to prosecute our injury comp, can't, so I'm going to. We are going all the way. It's ok, I'll take lwop iod til December 30, 2013. Their not hurting me, only themselves, and with the lawsuit I'm filing, and an open route all that time, who's going to be the winner.?? I'm praying that the ones whom deserve to be treated fairly and equally will be. Kind of reminds me of David against Goliath, lets just hope my rock is big enough to help all of us. Please pray that this gets resolved, and maybe just maybe, the hurt ones can get some peace of mind. I have 4 others as well listed in my paperwork that I sent to usps oig. I can't let them down. They know we're hurt and down, but don't count us out!!! Again THX!!!
9740
SnowedPerson was signed in when posted
07-10-2013
10:35 PM ET (US)
on my way out-
I am rooting for you!
Edited 07-10-2013 10:37 PM
9739
on my way outPerson was signed in when posted
07-10-2013
11:50 AM ET (US)
Ruuth/m9735$ wbm/9735: I have 27 years in and then some, over 20 of those as a t-6. Always worked even in severe pain. Been fighting for cop since 4-22-2013. On Sat, 4-6-2013, sta mgr told me he was doing a whole route check on me on 4-8-2013, as I continued to be on top of the sh// list for being the worst on times. Told him already had 2 checks, which clearly showed route over a minimum of 20 minutes, but never taken in for route counseling. I take 4 meds due to 7 herniated discs, which constitute dry mouth, alot of water, more restroom breaks (sorry, but I carried cups,) How embarrassing. Dr. had even wrote this up on ca-17 due to my meds over a year ago, and sup threw in trash, saying they didn't have to accommodate me. When route checked, I do not take meds for minimum of 24 hours, so they can get clear picture. On Monday 4-8-2013 was told to hold route to 8 hours, as he didn't make it in time to count my mail. Told am supv before I left shoulder hurting. As usual, told no HELP. You case an average of 2 routes for over 20 out of 27 years, it can damage your shoulder. Sta mgr arrived and followed me when I left for over 2 hours. Told me another supv was coming out to take over and continue following me. 20 minutes after he left, went to close llv door, and I saw stars. tore rotator cuff, and labrum muscles. Went and ate and took meds and got some relief, but the shoulder kept swelling. Other supv showed up, and I told him about shoulder, told no help. Kept going slower. Almost back to sta, when sta mgr called me, didn't bother to answer, as I was 3 minutes away, and in PAIN. Walked in, and he yelled for me to come into his office, furious I went almost 40 minutes over. Told him I would join him in a minute, as I had to use restroom, and needed an ice pack for my shoulder. Went in with shoulder almost the size of a cantaloup, begged for Ca-1, or paperwork to go to dr. Told to go to work on 4-9-2013, as he wanted to pre d me. Told him I wasn't going in shoulder killing me, I needed medical. Told me I was going to get at least 1 out of 3 low's. Called steward on way home, and told to follow instructions and go in.Tried casing, but right shoulder excruciating, made sling on right with long sleeve t-shirt out of locker (pretty smart huh?), to relieve some of the pain, and cased with left. After route cased, taken in for pre d. Told him I was going to my dr, and if shoulder due to job, was coming back for Ca-1. My dr put me off minimum for 14 days. Got Ca-1 at 4:00 that pm, their med clinic put me back to work the next day. Gave me a watered down steroid shot. Had elected sick leave, as I have never done COP, and didn't know what it was. Told to go in on 4-12, and got pre d again. Got LOW on 4-13. Called and requested COP starting 4-22-2013. My dr sent and faxed narrative for injury to workers comp and injury comp. Injury comp sent questionnaire they needed all of this info that dr had already supplied. Sent again. Waited and waited, finally called and they told me DENIED. They said in almost 3 pages of narrative he only put in their I had pain.??? I'm looking at APPROVALS from FMLA and WORKERS COMP, and they definitely don't approve if it just said pain. I asked for denial letter, they refused to send me one. I was told by our Washington NALC to send requests to postmaster, district mgr, w.c, injury comp, sta mgr, and others to get it. Sent 7 certifieds, got 1 response from sta. mgr. Told to go back to injury comp. LOL. Sent request to Congressman last week, and sent ALL paperwork to OIG under whistleblower. Check Audit for 2012 under OIG. Workers comp and injury comp didn't do so good last year, and they are SUPPOSED to help us. Found out right before sending out Supv I had filed EEO and breached EEO against, her and injury comp mgr, very close friends. Conspiracy??? Going to lawyer next week and suing for everything, and yes he takes on the USPS. Anyways, feels good to get it all out.
9738
neicePerson was signed in when posted
07-10-2013
09:15 AM ET (US)
dekay1820 - Okay, so the CE is trying to scare you and play hardball. Your AP is the boss of your medical care. If your AP states you can work 4 hours/day due to meds, med condition, with med rationale then that's what it is. Your health and well-being are the most important thing to you and your doctor.

Then if owcp writes you that you will be going on a referee appt make sure you request in writing you want to be part of the process of choosing the referee doctor. Then once all this is done and if owcp says you need to go back to work 8 hours/day, then like Snowed said, if your injuries act up again, you just need to file another ca-1. Or you can file a ca-2 for occupational disease, BUT DO NOT FILE a CA-2a.

wbm - Your welcome.
9737
wbmPerson was signed in when posted
07-10-2013
09:09 AM ET (US)
on my way out, yes I'm csrs and I've been by told by Snowed and a fed comp lawyer that being I have the years it would be better for me to take the reg retirement over the disability. I was also told by the lawyer that over time, if I took d.r., the amount would decrease over time.
9736
wbmPerson was signed in when posted
07-10-2013
08:57 AM ET (US)
Thank you for # neice, appreciated.
9735
RuuthPerson was signed in when posted
07-10-2013
05:44 AM ET (US)
Dekay:
Snowed has given you great advice. If a day at work in any way aggravates or worsens or injures you in any way, file a CA1, and start a new claim. If you have a good doctor that will back you up with good medical rationale, which, must show causal relationship, this is the best way to protect your health, and quite possibly your original claim. The USPS has always been on a headhunting mission and will continue and it seems their tactics are just becoming more and more devious. Referee exams for the most part are going to be with a quack doctor thats in their financial pocket.
I personally was without OWCP or OPM for well over a year before OPM finally cut me a check. Destroyed me financially. I would advise anyone that does not think they will heal and return to work to file for OPM. OPM is like a black hole when it comes to trying to get through to the agency. If OPM is going to take a lonnngg time to process and the writing is on the wall with a referee doctor, I would cover my butt and apply for OPM.
OWCP and OPM are supposed to be entirely two separate entities, but I don't believe that myself. On one hand I had OWCP telling me I could return to work, and when USPS filled out their portion of OPM, they stated that they could not accommodate my conditions. They completely contradicted each other.
If your doctor isn't always listening to you, find another doctor. I switched doctors because the one I was seeing wrote me scrips and had me come back every 4 weeks for new scrips. He conducted EMG's and NCV's which only made him more money. He wasn't interested in me or my health.
Now I'm seeing a new doctor, and what a difference! I just went through a series of cervical epidurals, covered by OWCP, and I finally have some relief without being a drug addict.
I know OWCP pays more than OPM. It's a personal decision one has to make. For me it was the best thing I did for myself. I have been fortunate to find work here and there to supplement my OPM. I'm not making big bucks, but it helps and I have a better personal outlook at life now. I'm collecting only 40% of my retirement as I'm not yet 62, but at least now I know I'll make it to 62, as the mental anguish from OWCP is pretty much gone not being financially dependent on them.
I'm still fighting them on accepting my 2nd claim. Its been 4 years, but I'm not giving up! I was returned to work after a 16yr absensce, and filed a CA1 within the first few days I returned. An IOD employee is damaged goods. How can one possibly return to work in any capacity with drug impairment. If something were to happen to you or someone else because you are drug impaired, who will they point the finger at?

If an IOD has been out for at least a year with no expectation to return to duty as a full time regular employee, CYA and apply for OPM. Especially if a referee exam is looming on the horizon.
Best to you..
9734
SnowedPerson was signed in when posted
07-10-2013
01:08 AM ET (US)
dekay1820-
yes you can file a claim and remember you can even file a CA-1 if a single day causes exasperation or worsening of your condition. If your new claim is approved you have a clean slate and the medical opinions in your old file will not apply to the new case.
9733
dekay1820Person was signed in when posted
07-09-2013
11:19 PM ET (US)
thanks neice, i forgot can i file ca2a even if there is a dispute between 1st and 2nd opinion dr going on? And OWCP claims examiner is the one who told me if my Dr said I couldn't work 8 hours they wouldn't pay me because 2nd opinion Dr said I could. I wasn't working when I saw 2nd opinion Dr btw and of course it wasn't progressing at the rate it is now, and I could rest in between doing things.
9732
neicePerson was signed in when posted
07-09-2013
11:04 PM ET (US)
dekay1820 - If your Attending Physician states you can only work 4 hours/day due to your medications, medical condition and includes medical rationale, then owcp will pay you for the other 4 hours/day.

You have the right to participate in choosing the Referee Doctor. You need to write your CE a letter stating you want to be included in choosing the Referee Doctor.
9731
dekay1820Person was signed in when posted
07-09-2013
10:11 PM ET (US)
niece I could but wouldn't get paid and can't afford it. Wish I could more than anything. Becoming more and more depressed. See other answer.
9730
dekay1820Person was signed in when posted
07-09-2013
10:09 PM ET (US)
Yes I have told my Dr who doesn't always listen to me he fills out my CA17 before I even see him and this is a Dr union recommends all the people are postal. Yes the call center is permanent. Just heard from Owcp and since Dr Brown didn't agree with the 2nd opinion dr now I have to go to a "referee" Dr who gets to make the decision on my life that they of course pick out. I told my CE how much pain I was in he does not care. My stress level is through the roof. Went to EAP today what a joke. She gave me great ideas like relaxation exercises a warm bath, more sleep, get someone at my church to do my housecleaning that I can't do, and eat on my breaks and take a nap in my car (in the 90 degree weather btw). WOW. I can't afford to go out on a ca2 because it takes so long and I won't have any money. Can't work less work comp won't approve on this case.
9729
SnowedPerson was signed in when posted
07-09-2013
03:20 PM ET (US)
dekay1820-
Have you told all this to your doctor? If the new job is causing you to hurt more, you likely will have to file a new claim if you are taken out again. Is this a permanent job in the call center?
9728
on my way outPerson was signed in when posted
07-09-2013
11:49 AM ET (US)
wbm,,9725: Im also going out, 27 years in. are you going out on disability, or regular retirement?? I assume your under csr.
9727
neicePerson was signed in when posted
07-09-2013
09:25 AM ET (US)
wbm - Here's the number 1-877-477-3273. If the po didn't separate you, you should be able to to get the liteblue website.

dekay1820 - Could you work 4 hours per day? You need to take your meds for the pain but they make you too sleepy to work 8 hours/day, maybe you could work 4 hours/day and still take your meds. Just something to think about.
9726
jimpostalPerson was signed in when posted
07-09-2013
08:37 AM ET (US)
Snowed: You know you are right. But I never even thought of that. When I had shoulder surgery some years back I remember that if the doctor had kept me out of work one day longer I was going to have to have the dreaded fitness for duty exam. So why did I not need it when I was out of work for two years?

The job they put together is a crazy easy one too. (You and I have spoken in the NRA forum - where my name is jetguy.) There is something very strange about how all this was done so suddenly.
9725
wbmPerson was signed in when posted
07-09-2013
08:08 AM ET (US)
I've been out of work on workers comp since 2010. My dr says my back injuries will not get better and I won't be going back to work for a long time. I have 32 yrs in so I'm eligible for retirement. Now that I'm ready to put the p.o. behind me, the liteblue website won't work. Who do I have to contact to start the retirement process, I've had enough, I'm done.
Edited 07-09-2013 08:21 AM
9724
dekay1820Person was signed in when posted
07-09-2013
12:19 AM ET (US)
hello, I am having just an awful time. I was off because of my back for almost a year. The po "offered" me a job at a call center. It was just going to be great no pressure easy job, (that is what they said) not that i believed them after all it is still the po. Well the job didn't exactly fit my restrictions although they said it Sitting most of the day also. Right before I went back owcp sent me to 2nd opinion dr and we all know how that went. So now I have to wait for my dr. to rebut it which he has then they look at it who knows how long then they perhaps send me to 3rd dr more waiting..... in the meantime. I am hurting more and more every day. I am exhausted always because I can't take my pills because they make me tired and i can't drive to work half asleep if I do. If I take them at work they make me too sleepy to do my job. so it has become a viscious circle of pain and exhaustion. On the weekends all I do is sleep I don't go anywhere do anything my house is becoming a mess that I cannot clean because of the pain. I am tired of being tired and tired of the pain. Plus the usual crap of the post office. I have been having anxiety attacks and my regular non owcp dr wants me to see a psychiatrist for more medication. I already take some. I need some help. thanks.
9723
stretch19Person was signed in when posted
07-08-2013
05:55 PM ET (US)
Thanks Neice but my surgeon told me at the time by cutting a chunk of my muscle out in order to harvest the tendon attached to it was only cosmetic. It left a dent in the inner side of my forearm and he would never admit to causing me any problems.
9722
SnowedPerson was signed in when posted
07-08-2013
03:48 PM ET (US)
mailladypostlady-
Call them.
9721
mailladypostladyPerson was signed in when posted
07-08-2013
03:02 PM ET (US)
anyone know how long it usually take to hear back from Ellis Clinic. I sent my records requesting an appointment over a month ago via sig confirmation. They did receive it, just haven't heard anything....
9720
SnowedPerson was signed in when posted
07-08-2013
12:28 PM ET (US)
jimpostal-
That is crazy...being out so long calls for a fitness for duty exam to be performed first.
9719
neicePerson was signed in when posted
07-08-2013
10:01 AM ET (US)
stretch19 - It doesn't mean your surgeon did something wrong during your surgery, but the effects of the surgery have caused a consequential injury.

I think you need to talk to your surgeon and tell him what's going on and ask him to write a letter stating the surgery caused your consequential injury.

If the surgeon was derelict or negligent in your surgery then that's a different story, but, there are always risks with surgeries, so I don't see why your surgeon wouldn't write a consequential injury letter.
9718
jimpostalPerson was signed in when posted
07-08-2013
02:07 AM ET (US)
They're driving me nuts: I got a letter on a Thursday morning telling me to report for a meeting at 9:30 Friday night. Since I had been on OWCP for two years - I was certain I was being separated from the Post Office and had been invited in to clean out my locker. Instead they gave me a hastily put-together on the spot job offer. And told me to start as of immediately (I was Tour 1 anyway and they game me same hours and days off as before.)
9717
SnowedPerson was signed in when posted
07-07-2013
10:38 PM ET (US)
They're driving me nuts-
You should get your job offer in writing before punching in. If there is any doubt about whether the job is within your restrictions, do not let them force you into signing it. You have the right to review the job offer with your treating physician.
9716
They're driving me nutsPerson was signed in when posted
07-07-2013
08:36 AM ET (US)
I've been on OWCP rolls for a while do to an OJI. I recently accepted a Modified Job Offer to return to work. Yesterday(Saturday) I received a phone call that i let go to voice mail from my supervisors personal cell phone informing me I need to return to work on Monday. I have yet to receive any paperwork from the PO about my return to work date. I was curious if anyone has had this happen to them and what is the policy on proper notification for returning to work.
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