Rick Owens
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5919
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11-03-2009 12:34 PM ET (US)
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Hi Dee3 - still here. Don't know what happened...I posted once and it did not go through...if this posts twice please forgive.
I ran your situation by a knowledgeable contact of mine (certainly not me) and this following is what he said:
(quote) This injured worker raised a very interesting issue. There is a clear distinction between injury ceased and continued residual as a result of the accepted work condition.
When an injured worker elects to receive OPM disability in lieu of OWCP benefit, the case record should remain MC (open for medical benefit). The injured worker's case record should not be closed. The claims examiner may have used C5 or C3 to close the record thereby depriving the injured worker medical benefits. To close a claim, the injured worker must be given due process.
The injured worker needs to petition immediately to OWCP using the above cited reasons and request proper coding of the case record. I hope this helps. (end quote)
So, send your request to your CE asking him/her to recode your case record in the manner that will afford you all medical benefits that you are entitled to (see above). Send your letter via certified mail return receipt requested. Purchase your certified sticker(s) and receipt BEFORE typing your letter so that you can insert your certified number in the heading of your letter - KEEP A COPY for your file.
Your letter heading should include your CE's name and address, your name and OWCP claim number, and just below this write:
USPS CERTIFIED MAIL - RETURN RECEIPT REQUESTED (enter your certified number here)
Good Luck!
Rick
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