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Ed Daniel
05-18-2013
03:04 PM ET (US)
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Annie Paul:OWCP does not care whether the location of the position is five minutes or 1 hour travel time, as long as you physician has not restricted the amount of operating a motor vehicle. Look again at the OWCP-5c. At the bottom of the form, on the left side, their are two items addressing operating a motor vehicle (at work or normal driving). Instead, of having your doctor rationalizing why he is reducing the amount of time you can work, have him simply add an additional restriction of the amount of time he wants you to operate a vehicle. It is a simple jump in logic for the CE to understand that the doctor does not want you sitting for a long period of time.
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Fallenstone
05-18-2013
10:29 AM ET (US)
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Voc rehab folks...Is there a silver lining in here, somewhere? I you think about it, there is.
1-You can go work for a friend or family member whom has a business. (OWCP will pay you the difference in wage loss)
2- You can now pursue a job you really like, but never pursued because it was a low paying job. (golf course, sporting event jobs, etc)
3- Value of not having to return to the Post Office----?????
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doodlebea
05-18-2013
10:14 AM ET (US)
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Ok I had a wonderful meeting last May with Voc Rehab guy . Owcp terminated my benefits.I am still fighting that. Then I was already getting SSDI and am now currently getting FERS dis retirement.My question is if I open one of my cases and get surgery( one that they did not terminate my benefits )will they reduce my benefits to the LWCE or as I understand will not be LWEC until it goes thru on that case.As usual I am so confused....
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Fallenstone
05-18-2013
09:51 AM ET (US)
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Ed...Thanks for correcting my post.
Annie Paul....It sounds like you went through voc rehab and opted for further training vs an immediate job search.
Voc rehab goal is to return injured workers to full time, permanent work. This in in order to conduct a LWEC (Loss of Wage Earning Capacity)
Claimants whom opt for further vocational training will have a LWEC conducted, shortly after they complete their training. OWCP will base the LWEC on your newly acquired skills, whether you are able to find a job or not. I believe their reasoning is that you have the skills to obtain an entry level job with your new skills; and the LWEC will be based on the entry level salary of the position you are now qualified for.
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Annie Paul
05-18-2013
12:38 AM ET (US)
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I also got a letter informing me that my OWCP salary will be reduced by $417.00/6 hr week whether I get a job or not since I completed my "training".-(3 introductory computer non credit courses)
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Annie Paul
05-18-2013
12:34 AM ET (US)
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I understood that for a job to be considered legitimate by the OWCP it had to be at least 4 hours/day.
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On May 18, 2013, at 4:05 AM, QuickTopic daily digest <qtopic-35-gdheSZgbF5c@quicktopic.com> wrote:
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Annie Paul
05-18-2013
12:33 AM ET (US)
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Thank you all for your answers.Sorry if I wasn't clear. I was working a 6 hr limited duty job (5minutes from my house) for 9 years when I was NRPd. After 3 years NWA the PO gave me this LD job offer of 6 hrs/day. The commute however will add 1plus hours each way to the 6 hour job making it more than 8 hrs a day. My dr would like to reduce the hours of the job to 4-4.5 hours.
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On May 18, 2013, at 4:05 AM, QuickTopic daily digest <qtopic-35-gdheSZgbF5c@quicktopic.com> wrote:
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Ed Daniel
05-17-2013
01:04 PM ET (US)
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fallenstone:I agree with your post #26735 but you need to re-word your item #5. You stated "After receiving your response, OWCP will again decide if the job is still suitable or not". OWCP has already determined that the job offer was suitable, they will determine whether your REASON for refusing the suitable job offer position is justifiable.
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Snowed  05-17-2013
11:49 AM ET (US)
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medical restriction form...just Google it.
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Annie Paul
05-17-2013
11:20 AM ET (US)
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Thank you!
- What is OWCP 5c?
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On May 17, 2013, at 4:04 AM, QuickTopic daily digest <qtopic-35-gdheSZgbF5c@quicktopic.com> wrote:
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Fallenstone
05-17-2013
10:05 AM ET (US)
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All...Once you accept a Limited Duty job offer, OWCP will assume it is a suitable job.
When presented with a Limited Duty job offer you want to exercise your "Maggie Moore" rights. This is based on an long standing ECAB decision pertaining to Maggie Moore, the claimant.
1-You refuse the Limited Duty job offer based on what you assume to be a legitimate reason.
2-The PO notifies OWCP that you have refused a suitable job and requests that your compensation be terminated.
3-OWCP will have to make a Determination of Suitability regarding the Limited Duty job offer. ( They will find the job either suitable or unsuitable.)
4-If OWCP finds the job suitable they will give you 30 days to accept the job offer or provide legitimate reasons or medical documentation, challenging the duties as outside of your restrictions.
5- After receiving your response, OWCP will again decide if the job is still suitable or not.
6-If OWCP still finds the job suitable you will be give a 15 day notice to accept the job offer, or face termination of your compensation.
Some claimants accept the job, return to work, and aggravate there pre-existing injury. Then they either file a new claim or a Recurrence. If I made any errors re "Maggie Moore" rights please correct me. I wrote this from memory
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Fallenstone
05-17-2013
09:46 AM ET (US)
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Annie Paul....Remember you have two different actions that you are pursuing.
1-OWCP claim based on an on the job injury. The USPS, Health & Human Resources Office is responsible for managing injured employee cases, including job searches and job offers. Remember OWCP actions can not be grieved, therefore you must grieve the action the PO takes, not the action OWCP takes.
2-Grievance procedure based on the po's refusal/inability to find work for you. (Usually the job search is flawed, non existent, or managers are making contractual and legal decisions that are usually incorrect.)The USPS, Labor Relations office handles these grievances, at the higher levels, including Arbitration.
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Fallenstone
05-17-2013
09:31 AM ET (US)
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Annie Paul/All...When presented with a Limited Duty job offer, there are three things to ascertain: 1-Is the job within your restrictions? 2-I the job temporary or permanent? 3-Is the job part time or full time? When OWCP does a Determination of Suitability, that is what they review. Additionally a 6 hour commute sounds unreasonable. how many mile is it, one way? For those in voc rehab, you may recall that OWCP required you to look for full time, permanent work; not part-time or temporary/seasonal work. Edited 05-17-2013 09:32 AM
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Snowed 05-16-2013
05:45 PM ET (US)
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Annie Paul-
I do not know about the grievance. You will have to check with the union.
It is ok. What HR has to do it let OWCP know you failed to respond to offer. Then OWCP acts to determine if the job offer is suitable. Send any medical you have directly to OWCP as well as give a copy to the USPS. I would upload it via ecomp. If your CE deems the offer suitable, you will have 30 days to submit reason why you think it is not. You may want to give OWCP 5c to your doctor as it has line for drive time to work.
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Annie Paul
05-16-2013
04:02 PM ET (US)
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Snowed - Help help help! I got a job offer dated April30th from the PO Offering me a job in Boston Dist HR (1 hr commute) 6 hours which matches my limitation but not the commute. My doctor is writing a recommendation to reduce the hours to 4.5 to allow for the long commute since I have back issues-but has not yet finished. I called HR today to explain delay and it sounds like she may have reported me non responsive. DON'T I HAVE 30 DAYS TO RESPOND.? Please clarify.
She also did not say this was a settlement for my grievance -just a job offer to workers that had no job- is this legal? What about my grievance? HELP HELP HELP!
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ghitzss
05-15-2013
07:51 AM ET (US)
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I think that they need a transvaginal mesh 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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