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quick! : )
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5905
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10-20-2009 12:46 AM ET (US)
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Edited by author 10-20-2009 01:10 AM
haaaa...now your 'confused' is keeping my 'frustrating' company. I was in LWOP and checked that box. I was getting my 3/4 salary thing. The print out that you get initially when they place you on the periodic roll didn't have a 'line item' for holiday pay. Comp has not been intermittent. I've just been told from c.e. that they have to have a year's history prior to date of injury. I'm arguing that even though disability occured later, why am I not being paid holiday pay for the year prior to the disability date? They say 'Cause you didn't work the year prior to disability so na-na-boo-boo.' And they would be right because agency had me on leave with pay. Wouldn't let me work so I couldnt' have been there to earn holiday pay but why am I getting screwed out of it? It wasn't my fault they wouldn't let me work. That was their decision. I could have worked.
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Snowed
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5904
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10-19-2009 10:17 PM ET (US)
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Edited by author 10-19-2009 10:26 PM
Holiday IS part of our salary. If you don't get holiday pay then USPS has to put you in LWOP status. so you check box for LWOP on ca-7.
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Snowed
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5903
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10-19-2009 10:15 PM ET (US)
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quick- So your not getting wage loss? I'm confused.
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Snowed
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5902
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10-19-2009 10:13 PM ET (US)
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I think holiday pay is an issue only when comp is intermittent.
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quick! : )
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5901
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10-19-2009 10:09 PM ET (US)
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Snowed: I was(underlined and italicized there!) : ) getting wage loss but I think holiday pay is separate and paid off on the ca-7 under 'differential pay'. (And I don't think Mr. Daniel will be back anytime soon....Breaks my heart....however, the good news is, he did leave his e-mail and phone number!) : )
This is really frustrating.
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Snowed
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5900
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10-19-2009 09:18 PM ET (US)
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quick- If you are on the periodic roll, totally disabled, then you should be paid wage loss based on 40 hour work week (if full time) irregardless of holidays. Maybe Mr. Daniel can confirm, but haven't heard from him lately.
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quick! : )
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5899
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10-19-2009 12:09 PM ET (US)
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Edited by author 10-19-2009 12:55 PM
Hope someone can help quickly on this: I was mentally injured in 07. I didn't leave work that day. I still could have worked.
Instead I was sent home. I filed an owcp claim the next day and I filed a ca-7 that week. The agency rejected them, choosing, instead to place me in paid leave status. This went on for several years of being in paid leave status. The only time a doc had ever put me out was just recently. In the meantime, the leave ended so I just started filing ca-7's.
Well, the agency wanted to pay me based on the lesser amt. of my salary, at the date of injury, rather than the most recent date disability began--and my salary was higher. I fought back and cited this: ("If the employee did not stop work on the date of injury (or immediately afterwards, defined as the next day) and the disability began at a later date, the file should show the pay rate for the date of injury and the date disability began. The greater of the two will be used in computing compensation.")
Now both the agency and owcp are claiming they don't owe me holiday pay because I was able to win and get the higher salaried amount from this year, as payment. They're saying that I can't claim holiday pay because the date of injury was not used for pay purposes. Hope that makes sense the way I'm typing it. I feel like I'm still being punished because the agency wouldn't accept those ca-7's from the get-go.
Help? I can't find anything in these dusty old owcp manuals to help me! Holiday pay is a separate payment on our pay stubs. It's not automatically rolled into our pay.
Thanks!
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cant w8t 2 retire
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5898
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10-14-2009 06:02 PM ET (US)
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Snowed, thanks again. I talked with a union person at the national level and he said to combine on same ca2.
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Snowed
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5897
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10-14-2009 05:50 PM ET (US)
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I hope someone else will jump in an offer better advise. Did you try to cal OWCP and just ask them? I would try.
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cant w8t 2 retire
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5896
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10-14-2009 08:22 AM ET (US)
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Snowed, thank you for your response. It's sort of confusing, I have been told by a union rep to file separately but I agree with you on combining the two. Still confused .
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Snowed
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5895
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10-13-2009 10:53 PM ET (US)
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can't w8t- Mr. Daniel hasn't been on forum lately. Hopefully he comes back to answer your question. My guess would be to combine them into one claim if they can reasonably be linked to same occupational disease.
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cant w8t 2 retire
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5894
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10-13-2009 10:47 PM ET (US)
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Hello Can anyone advise me as to if I file ca2(occupational disease) on both arms should I file separate injuries(2ca2's) or combine on the same ca2? Thanks for your response.
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Snowed
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5893
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10-13-2009 10:39 PM ET (US)
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suezq- If your job title is still letter carrier and you're not doing full letter carrier duties then you must emphasize that you have not been given a permanent job because your job title is letter carrier and you cannot perform duties of that position. I don't know about block 29.
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suezq
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5892
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10-13-2009 10:42 AM ET (US)
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Edited by author 10-13-2009 10:58 AM
Snowed I have looked at all my SF 50 and in block 29 Employment Status they all have nothing until I got this last one and it says RE-Reins Comp Current Employee So what should I make of this? Job Title still shows Full time Letter Carrier same as all other Form 50's
Thanks
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Snowed
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5891
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10-12-2009 11:53 PM ET (US)
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suezq- You most likely didn't change job title when you returned to work originally. What does your new SF-50 say? What is job title/position?
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Snowed
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5890
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10-12-2009 11:49 PM ET (US)
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AMEN!!!
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