I am a bit confused as many out there say if the PO sends you home NWA, file ca 2a and ca 7,, what about those people who need to fight the LWEC determination? These people are stuck! They are being denied OWCP due to this LWEC. They are hurt and injured but had been doing there modified job just find. Filling the CA 2a is not going to help them unless someone comes up with the way to fight this. Any one heard of an angle to fight this new beast? This is new angle for OWCP to denie your claim so PO wins.... Any one wish to share the wording on there NWA letter, Just the part that says why there is NWA and why you!

onlineemail.. i am not sure what this LWEC is all about, but i have been working 20 hrs and collecting 20 from OWCP... the po a few months ago pushed OWCP to do a LWEC on me and they did.. now does that mean if the NRP walks me out the door the only money i will recieve is the LWEC, which is only for 20hrs?? and not the 20 hrs of work i have been working????

linehanpc.. can you give me some guidance with this??

Me-
I think you will need a good lawyer if this happens to you. I beleive the LWEC would be erroneous because you were working a modified assignment. The determination should be made when you are able to work a real job in or out of the post office.

Me, take a look at your LWEC what $$ amount does it say? Mine says 0 meaning they will pay me nothing. I have no wage loss.... even if I lose my job because of NWA. I get nothing, denied by OWCP. You you may get the difference between what your determination is and your real wage loss I do not know, but 0 is 0 to me. There are three reason to be able to change this. Looking for someone to find the loophole in the NWA clause that would get OWCP to over turn the LWEC determination. Linehanpc posted a a case on this and it seemed clear cut.... It is as if you have bid on a job that you could do. That I understand to be a true no wage loss but a modified job taken away from you??? Something is wrong.... This is the NEW angle the PO is looking for.. Ask for LWEC get it and then kick them out.. WIN WIN for the PO....

i don't get it???? my LWEC is for only half of what i used to make... the po injury comp lady told OWCP she wanted it becuase she was going to offer me a permanet job... it's stated in my OWCP file... i know that was a bunch of crap... my LWEC is for about as much as i take home for the 20 hrs i work after all taxes etc... are taking out which is not enough to live on....i'll have to go and look up the case linehanpc posted but nothing i read seems clear cut to me... what a bunch of crap huh!!!!

i was told today that all of po injury comp people got let go and will have to find other jobs.. course i am sure the po will take care of these people

Me

    Don't get surgery just because you fear the USPS or OWCP is going to do something to you. That is a bad reason to get a spinal fusion. Cervical fusion is no joke. You are really risking your life. Don't do something based on fear. Wait until the OWCP or USPS actually takes an action before you react. Then you can appeal or hire a lawyer to do what you can. Just wait until you get the official personnel action before you freak out. While you are still working start saving some money to pay for a lawyer and your living expense if something does happen to your job.

thanks john999, i may freak out but i am already pretty sure i wouldn't do the fusion and end up worst.. i would rather stay the way i am .. i can at least function.. crap just never ends at the po.. i thought that if the po walked me out the door, i would file a ca-2a and then collect from OWCP for the 40 hrs at least, now i am not so sure that is the case

linehanpc.. can you please repost the case about the LWEC... thanks

John 999 and me-
"cervical fusion is no joke" is correct.
To be short, I have had problems with both my feet (Fascitis) and surgery was done to release the facia to my left foot.
cervical fusion was done in 2005 3 to 5. 3 through 4 is o.k, but over the years, the fusion from 4 to 5 has seperated.
I have an attorney, (very good one) who has been working on this since 2005. I still work 8 hour day. (No overtime)
OWCP has been dragging their feet (forgive the pun), to fix the instep problem and the fascia on my right foot. I have asked for my status several times, with no response. The P.O. and OWCP harassed my work comp doctor to the point that even he is not responding to my phonecalls.
In short, the P.O. and OWCP are not paying any claims unless you have some obvious work related problem like a door to an LLV stuck in you.
That's the impression I get.

Linehanpc-
Could an issue be raised directed to the apparent coincidence that only employees who have filed EEO's or work comp claims, seem to be the only ones denied work. Why are some employees provided work and others sent home?

Me- Good luck on your decision to have the cervical fusion.

Linehanpc-
Could an issue be raised directed to the apparent coincidence that only employees who have filed EEO's or work comp claims, seem to be the only ones denied work. Why are some employees provided work and others sent home?

I honestly do not understand this question.

Sandy is that my way out???? "The determination should be made when you are able to work a real job in or out of the post office." That is one of the ways you have to fight it, prove an erroneous determination of LWEC was made, if having a modified job was not to be used to make this determination then it is a way to fight it. Easy to prove it was not real job.... no I hope your right! Linhens any comments?

inehanpc.. can you please repost the case about the LWEC... thanks

Go here to read topical owcp cases: http://linehanpc.com/federalworkerscompens...bcasedecisions.html

All you who are worried about LWEC Read this:

http://www.nalc.org/depart/owcp/PDF/comp5_09.pdf

Edited by author 07-02-2009 10:25 PM
perfect, the job offer OWCP used to rate my LWEC was based on a Permanent job offer, With NRP this permanent offer in no longer permanent aye!!! Leave it up to NALC great job thanks, I see a light,, tricky but a light... thanks Snow,, Mr Linehnpc any comment to this??? your posted ebec case is carrier refusing mod job over and over again.... we are not refusing work, we are not given a choice here... oh maybe we are ----it is DR< OWCP or Unemployment line

"All you who are worried about LWEC Read this":

In a perfect world, this article is how it should work, but as we know the NALC recent "agreement" on NRP along with this article means nothing to those that will eventualy fight the agency and OWCP on this issue.

Neither position from the NALC gives you security in knowing that this termination will go as smoothly as they want you to beleive it will, as they have yet to define what will be the outcome or how long you will wait for any benefit you seek.......reading between the lines saying seek out a steward means you are in for a fight , and they know it, couple that with an arbitrary decision from OWCP which the unions have no control over puts the IOD in a pissing contest with the agency, OWCP and the union.

The NRP is a mess and it will get worse before it gets better. IMO, the best thing all IOD's can do now is get your own webpage and share any and all info from across the country on this, and prepare for a class action lawsuit.