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Injured Postal & Federal Workers

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28659
SnowedPerson was signed in when posted
07-22-2014
09:11 PM ET (US)
camryn211-
http://www.opm.gov/retirement-services/pub.../c102.pdf?nocache=1
http://www.opm.gov/retirement-services/pub...ers/2004/04-105.pdf
28658
SnowedPerson was signed in when posted
07-22-2014
09:04 PM ET (US)
Camryn211-
Was your termination subject to the penalty provision of 5 USC 8106?(check your letter) If so this would effect the right to a schedule award.

OPM disability retirement is until you are restored to earning capacity or until age 62 when it will convert to regular retirement benefits. You can be restored to earning capacity when your earned income goes beyond 80% of what your former pay scale currently earns.

Yes you can collect OWCP after you are separated. Federal allows you to choose whether to continue on OWCP or switch to OPM disability retirement if you are eligible for both.
28657
camryn211
07-22-2014
07:32 PM ET (US)
Another question… once you get separated can you still collect OWCP ???
28656
camryn211
07-22-2014
07:30 PM ET (US)
How long can you stay on disability retirement ? through OPM….Also my current situation is my OWCP benefits are terminated…If I lose my appeal
will I be able to ever get a SA...
28655
Sabrina
07-21-2014
05:36 PM ET (US)
TY Snowed, TY Shirley: Fortunately I have plenty of sick leave - but am still concerned about the long range effects that another surgery might bring. It already feels like the inside of my arm is drawing up. How tight can they actually stretch a tendon and attach it again and again! Yikes and it throbs all the time. Thanks again
28654
shirleyjjohnson
07-21-2014
09:56 AM ET (US)
You may need to use your sick leave and after the claim is accepted, you can file to get a percentage of sick leave used back.


On Sunday, July 20, 2014 10:14 AM, QT - kc bmc <qtopic-35-gdheSZgbF5c@quicktopic.com> wrote:


< replied-to message removed by QT >
28653
SnowedPerson was signed in when posted
07-20-2014
09:44 PM ET (US)
Sabrina-
Keep in mind that if you returned to work after the initial injury then re-injure or aggravate the same condition, it is likely a new claim.
28652
Sabrina
07-20-2014
09:10 PM ET (US)
2 years ago a tendon in my right elbow was torn in the course of delivering the mail. W/C agreed to cover it after the fact and reimbursed Blue Cross for the expenses of the surgery. Now my elbow has swelled up again and the Dr has ordered a slew of new tests to determine what else could be going on in there. Has this ever happened to anyone else out in our postal world?
28651
neicePerson was signed in when posted
07-20-2014
06:28 PM ET (US)
kc bmc: But did your doctor say the reason for you not to work was caused by the traumatic injury you got when doing your postal duties? Did you notify your boss that you got injured?

Mgmt are the ones who are supposed to fill out the accident report after the employee notifies them of their traumatic injury. But you are required to notify them of your injury as soon as you fall or trip, etc. (get hurt on the job).
28650
kc bmc
07-20-2014
05:23 PM ET (US)
USPS has contested or controverted my claim due to not filing an accident report. I was never presented w/ one. However, still not paying COP due to Dr statement did not specifically state the need for no work. I don't know what rest means to the USPS but to me it means no work. I explained that I can't put proper footwear on and can barely dress myself w/ the help of an umbrella handle. The payment of COP is supposed to be a stop-gap so that a claimant will not be missing pay while the claim is being processed. Payment must be returned if OWCP denies claim. So why would the USPS ever pay COP? It would seem that there is no incentive to pay until they are forced to. Why not wait until OWCP makes their decision? After all, a grievance cannot include any punitive damages even though it is exactly what mgmt. does. They punish employees who get hurt or have accidents.
28649
Ed Daniel
07-20-2014
12:34 PM ET (US)
KC BMC:I am addressing only the COP issue. "Per 20 C.F.R §10.205, to be eligible for COP, the injured employee must meet three requirements: 1) sustain a traumatic injury which is job-related and the cause of the disability and/or the cause of lost time due to the need for medical examination and treatment; 2) provide timely written notice of such injury on Form CA-1 or other OWCP-approved form; and 3) begin losing time from work due to the traumatic injury within 45 days of the injury. In addition to those three requirements, the employee must also present medical evidence in support of any claimed disability. The injured employee is also responsible for advising his or her physician of any available modified duties and for returning to duty upon release to any available work, whether regular or modified". See FECA PM CH 02-0807(5)). "To controvert the claim, the agency must complete the indicated portion of Form CA-1 and submit detailed information in support of the controversion to the OWCP. Even though a claim is controverted, the employing agency must continue the employee's regular pay unless one of the conditions set forth below is met, in which case the employing agency shall not pay COP. In all other cases, the employing agency may controvert an employee's right to COP, but the employee's regular pay shall not be interrupted during the 45-day period unless the controversion is sustained by the OWCP and the employing agency is so notified". See FECA PM Ch 0207 (7. "As outlined in 20 C.F.R. §10.200(d) and based on the employee's status, COP is not payable in the following instances:

(1) The claimant's status as an employee is defined by 5 U.S.C. 8101(1)(B) or (E), which refers to persons serving without pay or nominal pay, and to persons appointed to the staff of a former President; or

(2) The employee is enrolled in the Civil Air Patrol, Peace Corps, Job Corps, Youth Conservation Corps, a Work Study Program, or a similar program.

b. As outlined in 20 C.F.R. §10.220, the employer can controvert COP in the following instances:

(1) The disability is a result of an occupational disease or illness, not the result of a traumatic injury.

(2) The employee is neither a citizen nor a resident of the United States or Canada (i.e., a foreign national employed outside the United States or Canada).

(3) The injury was not reported on a form approved by the OWCP within 30 days following the injury.

(4) The employee initially reported the injury after employment was terminated.

(5) The injury occurred off the employing agency's premises, and the employee was not engaged in official "off-premises" duties.

(6) The injury resulted from the employee's willful misconduct, the employee's intention to bring about the injury or death of himself or herself or of another person, or the employee's intoxication by alcohol or illegal drugs. See generally 5 U.S.C. 8102 (a) (1)-(3). Intoxication includes any controlled substance obtained or used without proper medical prescription.

(7) Work stoppage first occurred 45 days or more following the injury" See FECA PM Ch. 0207(7)(a).
28648
neicePerson was signed in when posted
07-20-2014
12:04 PM ET (US)
kcbmc - has your claim been accepted by owcp yet?
28647
kc bmc
07-20-2014
11:14 AM ET (US)
Injured 6/18 and COP not paid yet. Claim documentation is insufficient even though a CA-17 not given to me. Dr just wrote rest in treatment area along w/ other things. Finally seeing OWCP dr but now they are having difficulty ordering MRI and x-rays. What do they have to do. This is very large medical center that deals w/ comp but they are even stymied by process.
28646
neicePerson was signed in when posted
07-19-2014
05:52 PM ET (US)
Your welcome camryn211
28645
camryn211
07-19-2014
05:17 PM ET (US)
Thanks Neice….very helpful info...
28644
neicePerson was signed in when posted
07-18-2014
09:23 PM ET (US)
camryn211: Medical rationale has to be more explicit - explaining how your injury has gotten so bad that you cannot do any work anymore. Something along the lines of this.

ex. Patient's repetitive duties at the USPS for over 20 years, which consisted of him bending over, pushing mail into the trays, then lifting the trays to put on to the carts has caused irreparable damage to patient's back making it impossible for patient to stand or sit doing any work. The mechanics of patient's job caused his back ........................disk damage, etc. Patient also must take strong pain medication which causes him to be sleepy, requiring him to rest, unable to communicate in a work environment, and unable to work. Patient is permanently disabled and will never return to pre-injury status.
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