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Hurt in Denver
05-20-2013
07:14 PM ET (US)
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By the way, how is the McConnell case going for the injured postal workers.. Has there any positive movement???
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Ed Daniel
05-20-2013
05:23 PM ET (US)
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injured:You need to check with your physician to obtain his/her opinion on whether walking your route for 4-6 months caused your knee condition. If the doctor agrees you need to file a CA-2 for an OD claim.
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injured
05-20-2013
04:47 PM ET (US)
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we been working and splitting routes for about 4-6 months and i recently hurt my knee while walking i dont remember doing anything abnormal just walking and doing my job, now i cant work due to the injury what do i do first
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neice  05-20-2013
02:18 PM ET (US)
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lawnlady - Let us know how the mspb goes. Did you look up these cases: Latham v. usps 117 m.s.p.r400, Chen v. usps 114 m.s.p.r.292.
To establish jurisdiction over the agency's denial of her requests for restoration, the appellant must prove by preponderant evidence that: 1. she was absent from her position due to a compensable injury; 2. she recovered sufficiently to return to duty on a part-time basis, or to return to work in a position with less demanding physical requirements than those previously required of her; 3. the agency denied her request for restoration; and 4. the agency's denial was arbitrary and capricious.
lawnlady - I don't know if that applies to your situation but I just wanted to give it to you just in case.
Also, because the job offer was outside the appellant's medical restrictions, it was tantamount to a denial of restoration. see. Foley v. usps 90 m.s.p.r. 206
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Celia
05-20-2013
01:40 PM ET (US)
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I think that they need a Iowa workers compensation lawyer in order to obtain the right medical treatments for free and maybe an extra insurance for the future too. I am sorry to hear that these workers were injured in one way or another and i hope that the government will take measures to create a more secure work environment.
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Ed Daniel
05-20-2013
12:31 PM ET (US)
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Ann Paul:OWCP will not pay you to travel to and from work. If you doctor will not make any adjustments to your restrictions I would suggest that you accept and return to work. Keep in mind that your doctor restricted your operation of a motor vehicle to and from work. So, if you have problems with your condition worsening and IF your doctor will support that the drive is too much you MAY have grounds for your doctor to take you off work because of the job being outside of your work restriction. This would work of your condition worsened within the first 3 to 4 weeks of returning to work.
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lawnlady
05-20-2013
11:38 AM ET (US)
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I did file an EEO, they said I have a mixed case which qualified me for MSPB appeal if I want. EEO said if the MSPB falls short, I can go back to the EEO.
I have a phone conference this week with the MSPB judge and agency attorney this week.
My case wouldn't be so messed up if they didn't accuse me of fraud when I filed a CA-1, influenced OWCP to delete the CA-1. After they sent me home, they're telling OWCP I walked off the job.
HR is a real piece of work! They have to be getting bonuses for claims they can keep from being filed. If I could prove it, I would go to OSHA. I have some evidence that I could have used to go to OSHA, but now it's too late.
Because I'm trying to keep all my avenues open and moving forward, I'm overwhelmed with paperwork and it has made everything confusing.
I've always said if I didn't want to work or said I couldn't work, they would have sent me for a fitness of duty or functional capacity evaluation. This is actually part of my argument, that they have the authority to do that. If I had said I can not work, and turned in a CA-17 with a line drawn through the right side and no explanations, it would not have been acceptable and they would have demanded more information and sent me for exam.
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ann paul
05-20-2013
11:28 AM ET (US)
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Ed - I see what you're saying - I checked the Work Capacity Evaluation' form and it states
"Operating a Motor Vehicle at work" - 1 hr (# of hours able to work) and also
"Operating a Motor Vehicle to/from work" - 1 hr (# of hours able to work) "Sitting" - 2 hrs intermittent , etc.
6 hours per work day.
My job offer is in Boston - 5 hours/day.
Transportation is about 1 hour 30 min each way (longer depending on traffic) by either train/subway or drive/park/subway @ $22.00 bringing the total hours to 8+
Is any of this pertinent? I was disappointed today to hear that my ortho doctor (who did not write the original limitations) left a message that he was "not comfortable" requesting any adjustments.
I guess I'll just have to try it out.
On Mon, May 20, 2013 at 12:04 AM, QuickTopic daily digest <
qtopic-35-gdheSZgbF5c@quicktopic.com> wrote:
>
< replied-to message removed by QT >
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neice 05-20-2013
10:19 AM ET (US)
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The problem with the po is they're a bunch of morons and who don't know what the left hand is doing or the right hand. This can actually be to our advantage though, if you read the LAWS they are suppose to abide by.
Cuz they sure don't know what the LAWS are!
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neice 05-20-2013
09:40 AM ET (US)
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Yes, if you file an EEO & they take adverse action against you it would be retaliation.
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KIMMIEK 05-20-2013
08:29 AM ET (US)
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Lawnlady.. The answer to this is YES.. but also.. if he is in the McConnell Class action already.. it would be yes anyway.. he would already have an active EEO in with the McConnell class action.
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KIMMIEK 05-20-2013
08:27 AM ET (US)
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Lawnlady.. When the supervisor told you not to come back.. then it became a violation of the ADA and the ADAA.. That is where an EEO needs to be filed. They violated your right as a disabled person to reasonably accommodate you. IT is weird.. here you have one with DVET where they are harassing him for not going back to work.. and in your case they violated your rights as a career employee by telling you not to return to work.. we have a double standard here.. it is proof they are discriminating against both of you.
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KIMMIEK 05-20-2013
08:24 AM ET (US)
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DVET-- sounds like harassment and it is discriminatory in nature. File an EEO.. for harassment because of disability. you have enough evidence as you have been put off of work and they are not just challenging it.. they are stepping over the line by harassing you about it.
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lawnlady
05-20-2013
12:13 AM ET (US)
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D.VET - they have 6 months of CA-7's!!!
I was working the grievance; in February, the union said turn in the CA-7's.
I think it's a mess because I was trying work every angle. I was just trying to cover my @$$ from all directions.
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lawnlady
05-20-2013
12:09 AM ET (US)
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D.VET - I read a post on another forum that said we should go in every day and clock in and make them send us home each day but sign our 3971 stating sent home NWA (049), every work day; do not clock out until they sign that 3971 for no work available.
I did that for two weeks, finally the supervisor told me to go home and not come back looking for work unless they call me. I made him sign my 3971 stating that and had him type a letter stating that, sign and dated it. The union president at that time, witnessed it and filed a grievance right away.
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Dvet
05-20-2013
12:08 AM ET (US)
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Lawn Lady every pay period submit ca7 and time analysis sheet. Write no work available for each day they do not offer you a job. After 3 three Ca-7 and time analysis sheets. OWCP by protocol are suppose to put you on PR leave and pay you back amount. Also if they do not respond call and request to speak your CE supervisor. This will get some rapid adjusted movements to your claim
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