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Injured Postal & Federal Workers

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28777
neicePerson was signed in when posted
08-31-2014
01:30 PM ET (US)
Snowed - I don't know where I read it, but I remember reading both. I just don't want anyone to get into trouble with owcp, just in case.
28776
SnowedPerson was signed in when posted
08-31-2014
12:17 PM ET (US)
It can't be interference in any way if the alert to OWCP is just a statement of facts of who called, when, etc.
28775
SnowedPerson was signed in when posted
08-31-2014
12:16 PM ET (US)
neice-
I have never read that giving the doctor current medical can be used against you. A citation would be helpful. I have always taken my medical file with me to a SECOP.

If the doctor or his office alerted him that the appointment was cancelled, I don't see any harm in notifying OWCP of the communication but if things are not in writing, I would show up at the appointment.
Edited 08-31-2014 12:26 PM
28774
neicePerson was signed in when posted
08-31-2014
10:52 AM ET (US)
Injured Knee: If you have not received anything in writing from owcp regarding cancelling your appt with the psychiatrist, then you definitely better go to this appt and get something in writing from this doctor stating he cannot examine you because it's a conflict of interest.

Also, I read on a post somewhere that you are not supposed to give the doctor who is examining you for owcp any new medical documentation. You can show it to him to alert him that he does not have the most current info on you, but as I read before owcp can cause trouble for you if you give it to the doctor.

If the doctor then determines in his medical report that you are fine and no longer need owcp benefits, then you can appeal owcp's opinion on the fact that the doctor did not have current medical evidence on you.

Snowed - I don't know if injured knee should notify owcp that the doctor cancelled his appointment, intervening with the doctor without owcp's permission could be used against him. I read that somewhere too.

Hopefully Ed can let us know.
28773
SnowedPerson was signed in when posted
08-31-2014
09:08 AM ET (US)
Injured knee-
"The decision of OWCP was set aside and the case is remanded for further proceedings..."
Right now ECAB has nothing to do with your case as it was sent back for further development. Make sure you upload a letter to OWCP via Ecomp that tells your CE that the doctor cancelled the appointment with any evidence you have. If you don't have any written evidence, I would still show up. You should have no problem right now submitting new evidence into your case. If OWCP can submit new evidence, so can you.
Edited 08-31-2014 09:09 AM
28772
Injured Knee
08-29-2014
11:05 AM ET (US)
Neice and Snowed:
Thank you for the information. The Psychiatrist they have referred me to has already decline to evaluate me because of his association with the prior Psychiatrist who evaluated me. The doctor called OWCP and cancelled (noting in writing. I called his office and was informed he declined to evaluate me. I have not received anything from OWCP rescheduling or cancelling the appointment which is suppose to be Tuesday Sept 2, 2014.

I received a copy of the information/SOAF/ and letter OWCP sent to the doctor but they have not sent me all the medical documents at this time.

Neice: I will attempt to follow your many suggestions.

Snowed: Trying to understand...I can take any new medical reports to the evaluation even if not in my file before I appealed to ECAB? I do continue to go for medical appointments.
Edited 08-29-2014 11:09 AM
28771
SnowedPerson was signed in when posted
08-28-2014
04:34 PM ET (US)
I would take that section of the manual with me to the doctor who was going to write the report and show it to him/her.
28770
SnowedPerson was signed in when posted
08-28-2014
04:33 PM ET (US)
OWCP also likes the use of their word such as "accelerate" as in accelerated a latent condition or "precipitated",or "aggravated." Unless a condition is permanently aggravated, the word accelerated might be a better choice for arthritis.

Read 3-5 in this link: http://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/CA-810.pdf
Edited 08-28-2014 04:35 PM
28769
SnowedPerson was signed in when posted
08-28-2014
04:21 PM ET (US)
Injured Knee-
Also OWCP must show all new medical evidence to the IME. This includes your new psychiatry report. You can take a copy with you to the evaluation so the IME can reference it.
28768
neicePerson was signed in when posted
08-27-2014
09:27 PM ET (US)
Injured Knee - Owcp is not supposed to use stale medical evidence, which your previous doctor's report is stale since it is from 2012. Why aren't they using your current doctor's medical report? How you play this is up to you. Because you can use this 'stale medical evidence' in your appeal should you need to appeal the Referee's opinion. It's up to you to let them know now or use it in your appeal later.

Owcp is supposed to use a strict rotation on the selection of Referee Doctors. You should request a list of 3 Referee doctors so that you can select one. Owcp does not have to let you participate, but if you have a good reason and you ask to participate, that is a good thing for you when it comes time to appeal the Referee's opinion, because your letter will be in the file. REquest documented proof of strict rotation, the elimination of any physicians from rotations (telephone conversations & dates and specific case files which bias was demonstrated).

Physicians may be eliminated from rotation if: 1)their reports have shown a predictable pattern amounting to bias. 2) the physician has a signed agreement with owcp to perform exams or case file reviews.



You should request the questions they will be asking the Referee Doctor and request the SOAF (statement of accepted facts). If you see any mistakes in these, those can also be used in your appeal to your advantage.

The referee's opinion can be excluded if: 1)if the referee examiner is regularly involved in performing fitness-for duty exams for employing agency. 2) if the medical report is obtained through telephone contact with you doctor. 3) if there are Leading Questions asked of him. 4) if a 2nd Referee's report is requested before owcp has attempted to clarify the original referee report.
28767
Injured Knee
08-27-2014
04:27 PM ET (US)
1. In 2013 I appealed OWCP decision with a request for reconsideration. I submitted a medical narrative from a doctor (Psychiatrist) I saw in 2013. The doctor stated I continued to have ongoing medical problems due to my accepted work condition; my request for reconsideration was still denied.

2. I filed an appeal to ECAB. According to ECAB...OWCP found that my doctor's opinion did not support that my condition persisted as my doctor found the causes "Multivariable".

3. ORDER by ECAB.....The decision of OWCP was set aside and the case is remanded for further proceedings...
Question....What is the difference between an ORDER set aside for further PROCEEDINGS and further DEVELOPMENT?

4. I have to go to a referee doctor. The referee is between OWCP doctor (Psychiatrist) and another doctor (Psychologist)I saw in 2012. OWCP denied his medical statement years ago also but now his medical narrative is involved in the referee.

5. I had my doctor (Psychiatrist) to provide an explanation in writing to clarify and reiterate what his opinion is in reference to whether or not his narrative indicated I continue to have the medical problem related to work.

6. In his statement he clarified that on the date he evaluated me I continued to have the accepted work related condition due to the on the job incident. My doctor (Psychiatrist) also stated that on the date he evaluated me his opinion is that the condition was ONE of NUMEROUS and specific factors leading to my difficulties the date he evaluated.

QUESTION: What can I do; can I contact ECAB and send this letter so they can change their order; Should I send it to OWCP; Are their any suggestions?

Because OWCP failed to interpret my doctors narrative correctly they denied my claim; I had to file an ECAB Appeal; there is a referee between the OWCP Psychiatrist's opinion and my Psychologist's Opinion not my Psychiatrist's Opinion.

The OWCP doctor is the only doctor who has stated I no longer have the ongoing medical condition related to the work incident. I have been evaluated by several doctors all of whom have stated I do still have the accepted medical condition due to the on the job incident.

Help me with what my next move should be. Thank you...
28766
SnowedPerson was signed in when posted
08-23-2014
11:03 PM ET (US)
on my way out-
You can call OWCP and ask. I would however submit a copy of your own...you can ecomp it directly to your file.
28765
on my way outPerson was signed in when posted
08-22-2014
11:07 PM ET (US)
Hi All: Anyone know the web address to check on status if injury comp turned in your workers comp doctors report so you can start receiving workers comp pay? I amiled certified with receipt to our injury comp from the building they were in on the 12th. showed delivered on 14th. Got receipt back today, the 22nd. She signed it, and she used same blue ink pen to put dat 8/ /, I guess so I wouldn't have record. Any suggestions would be appreciated. THX!!!
28764
carol dutton
08-22-2014
06:01 AM ET (US)
Hi!

News: http://vincihype.com/bsm/year.php?ttt

carol dutton


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28763
SnowedPerson was signed in when posted
08-21-2014
10:49 AM ET (US)
"60. Who may qualify as a dependent to entitle an employee to compensation at the three-fourths rate?
The following are considered dependents for compensation purposes:
(a) A wife or husband residing with the employee or receiving regular support payments from him/her, either court-ordered or otherwise;
(b) An unmarried child who lives with the employee or who receives regular contributions of support from him/her, and who is under the age of 18, or over the age of 18 and incapable of self-support due to physical or mental disability;
(c) A student between 18 and 23 years of age who has not completed four years of post-high school education and who is regularly pursuing a full-time course of study;
(d) A parent who is wholly dependent upon and supported by the employee."
28762
SnowedPerson was signed in when posted
08-21-2014
10:47 AM ET (US)
grandmother-
If you read the form CA-7 it asks on line 5a and b if you are making support payments. So depending on your circumstances there is a chance. Send a letter explaining everything.
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