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Ed Daniel
05-22-2013
08:51 PM ET (US)
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ann paul:Stay on point, allow OWCP to send you the 30 day letter because they have determine that job offer is suitable. Then refuse the job offer based upon it is outside your restrictions concerning operating a vehicle to and from work. Be prepared for the CE not accepting your reason as justifiable and send you the 15 day letter. At that time return to work.
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Elton Payne
05-22-2013
10:54 AM ET (US)
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I think they need a good nighthawk radiology program to see if their injuries are really bad. I am sad to hear that the federal and postal workers were injured and i can hope only the best for them. We should protect more our citizens as a country.
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ann paul
05-22-2013
08:52 AM ET (US)
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Ed - I plan to refuse on the grounds that though the job itself meets my medical criteria, the transportation required to get there does not - not even close.
the my "Work Capacity Evaluation" lists under limitations:" Operating a Motor Vehicle to/from work" - 1 hour (1/2 hour each way).
It takes 40 minutes to get just to the subway(plus another 37 min sitting on subway) or 1 hr 40 min to get to the job driving all the way (terrible traffic into the heart of Boston - no way around it)
so" to/from work" would mean a total of 1hr 20m hours driving (if you don't even count 1 hr 14m sitting on the subway) or 3 hrs 10 m driving straight to job. This clearly does not meet this criteria.
What do you think?
The P.O. may be able to excess workers up to 50 miles away - but my medical restriction
reduces that distance to what can be driven in a half hour.
On Wed, May 22, 2013 at 12:06 AM, QuickTopic daily digest <
qtopic-35-gdheSZgbF5c@quicktopic.com> wrote:
>
< replied-to message removed by QT >
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Ed Daniel
05-21-2013
07:52 PM ET (US)
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ann paul:If you plan on refusing the job offer, on what grounds do you plan on refusing the job offer?
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ann paul
05-21-2013
06:37 PM ET (US)
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Ed - I finally got my head around just sticking to the facts - I am cleared to drive 1/2 each way to work.
I tested the driving scenerio today. The drive (in traffic) to the subway took 45 minutes. (The subway would have taken another 37 minutes plus 10 minutes walk on either side.Cost $25.00/day + gas+dog sitter)
The actual drive to the job in Boston took over 1 hour 50 minI tested it today)(Parking cost? $35.00)
The job offer of 5 hours is within my restrictions but the drive too/from work is not even close to the 1/2 hour each way and does not meet my medical restrictions.
Regardless whether or not I take this job = OWCP will reduce my pay by $417.00/week because I am now "able" to do a part time clerical job . But with the additional expense - I wonder how much I'll clear anyway. I think after 3 years of my grievance pending, HR was ordered to give me a job - They may come up with another one. In the mean time I could apply for unemployment benefits or a schedule award.
I am just trying to squeeze out enough time to make 20 years. I may not. But I can't picture doing this commute back and forth everyday.
I talked to my VocRehNurse and my CE. The CE is new and said she would review the job offer. She may only look at the mileage and not the actual time it takes to get into the city. I'm thinking I need to formally refuse the job.
My back which is only part of my accepted claim is a lot worse in the past 3 years. (Killing me after my little adventure today)I have an appointment with a back doctor which is coming up on the 29th. Maybe he will back me up since the other "ortho" doctor "doesn't do backs".
Thank you and everyone again for all your help - It helps to figure out what to do.
On Tue, May 21, 2013 at 12:05 AM, QuickTopic daily digest <
qtopic-35-gdheSZgbF5c@quicktopic.com> wrote:
>
< replied-to message removed by QT >
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Ed Daniel
05-21-2013
05:49 PM ET (US)
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rr01: Download a CA-7 from DOL's web site, complete the CA-7 for Schedule Award, submit it to your employer w/Dr. Ellis' Permanent Partial Impairment (PPI)medical report. Be sure you make copies of everything you submit to your employer and ask for the a copy of the agency's completed side.
You can download OWCP-957, Medical Travel Refund Request from DOL's forms link http://www.dol.gov/owcp/dfec/regs/compliance/forms.htm. Keep in mind OWCP can limit the amount of the reimbursement to 100 miles round trip. It does not matter whether Ellis' Clinic got authorization for the examination. What matters is whether you have written authorization for reimbursement for travel.
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Me
05-21-2013
05:34 PM ET (US)
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it's acs medical bill processing portal
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Me
05-21-2013
05:33 PM ET (US)
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rrO1.. never did a impairment rating yet, someone else can answer you on that..
travel expense form you can print off the ACS Medical Site... just google it...
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rr01  05-21-2013
03:46 PM ET (US)
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I just got my impairment rating from The Ellis Clinic- It looks very professional. What is my next step? Do I turn it in with my ca-7 to the post office? Also where do I get the form to get reimbursed for travel expenses?
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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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