Mizel & Me
The subject of “collateral attack” was briefly discussed in posts /M1829 & /M3322 (it seems so long ago). You’ll have to peruse posts around that time period to see what others had to say on the subject.

ME....seems as though a pattern is emerging, one of harrassment. Perhaps you can ask a lawyer if you can sue the individuals as Tort Claims do not cover mis-conduct. They know what they are doing is wrong...than why are they doing it? To hurt you? If their actions have affected you physically or mentally you may have a good case. Perhaps a criminal case...assault with paperwork, no joke intended. They are using paperwork as a weapon to cause you harm. Back inthe old days in Brooklyn, one call to Tony or Sal and your problems would disappear, along with all evidence these people existed. Ahhhhh...the good old days. Brings a tear to my eye.

Hey Me: /m3836 Is there anyway for you to copy / paste the statements you reference in this post? I have my own war brewing with Inj. Comp and it would be interesting to see what you used in your appeal. If not, maybe e-mail? Thanks.

It's Mizel...and I'm gone.

imagaine... union has requested to meet with po injury comp people a few times last year to get this all settled... they refuse.... PO offers Redress, but they deny to meet with me twice already this year... they know they are wrong thru numerous greivances, step B's even arbitration and they still refuse...

NY Wise Guy.. i'm still here, looks like nothing much is going on... PO is denying my claims saying "claimant does not state a claim." stating it is a colleteral attack on OWCP and grievance process.. i already knew they were going to say this and had an idea of what i was going to say in my appeal letter.. i am not sure who on this board wrote such awesome statements that i included in my appeal letter but i wish to say THANKS!!!! a lawyer couldn't have worded it better... sent out my appeal letter and it's been about 2 weeks and am waiting on a answer.. it is the po injury comp people who are doing the retailation/discrimation of me.. my postmaster agrees with my union rep that i am right and says he is going by what po injury comp people are telling him to do... he has put this in writing.. it seems now he is trying to protect his own a.. this is great, i really have nothing against this new PM but that he is not standing up for me against these people... hmmmmm this will be very interesting....

Where have all the posters gone? Is the system down?....or did I die and I am too stupid to lay down? Wait a minute! I can't die. #1-Heaven doesn't want me and #2-Hell's afraid I'll take over.

Edited by author 05-01-2008 05:56 PM
Hi All,
I recently received an agency decision placing a complaint in abeyance pending certification of a class-action regarding the National Reassessment Process (NRP). They cited the case of Sandra McConnell v. USPS, Agency EEO No. 4B-140-0062-06. This is because the Postal Service is failing to participate in the interactive process that is reasonable accommodation. Employees are being directed in their assignments rather than assignments arising from that interactive process. I’ve been arguing for years that, pursuant to 5 U.S.C. § 353.301(d), employees who have partially recovered from their compensable injury, and are able to return to limited duty. “At a minimum, this would mean treating these employees substantially the same as other handicapped individuals under the Rehabilitation Act."
The agency letter did not provide any contact information regarding the representative who filed the class-action motion. If it is granted, then it’s likely they will have to provide that information to everyone who is potentially in that class or group. Please advise your unions of this potential class-action complaint for any employee who has been targeted by the P.O. for the NRP.

CAMRYN211

You injured yourself on the job but do not mention whether or not your claim was accepted, assuming it was:

If your employer changes your scheduled which makes carpooling no longer an option, and OWCP is aware that one of your limitations is no driving, contact your claims examiner in writing and explain the situation and request transportation be supplied to you. Send a copy to your injury comp office, of which I am sure, will contact your postal facility head and correct the scheduling. Every federal agency is self insured, which means they must pay back what OWCP has paid out on your claim plus a percentage for administering your claim, so your agency has a vested interest in limiting the costs.

As far as requesting reasonable accommodations, again, if you injuries are accepted as on the job, and your agency is unable to accommodate (provide transportation or scheduling) you then they must pay you to stay home.

CAMRYN211 http://www.eeoc.gov/policy/docs/accommodation.html

If you can't even drive a car,why would your doctor releases you to go back to work?

HELLO ALL...I have a question concerning reasonable accommodation..I fell on the job and injured my knee...I work from 10:30-7pm but since I injured my knee I been on a schedule change 6am-2:30 only because im car pooling. or I would have to get a bus which is 8 blocks from my house...And I cant walk that far now with my bad knee...BUT my boss told me today nomore schedule changes..SO what I NEED TO KNOW is how do I request reasonable accommodation? And would that qualify me for reasonable accommodation? THANKS IF U CAN ADVISE ME ON THIS ISSUE....

ROYals)@....go to Post# 3787. E-mail me. I just a long post and forgot to send it. OT is making me nuttier than I normally nutty. My sister lives in LI off exit #55- Motor Parkway on the LIE. E-mail me ok?

NY....I have all the documents you mentioned, DD-214, marriage license and death certificate. As far as not union not being able to take my case to arbitration if I file with MSPB, I'm not too worried. The union has already told me that I shouldn't expect a ruling in my favor IF they take it to arbitration. They said it would simply me a matter of the arbitrator saying yes, there was a last chance agreement and yes she did violate it and that the reasons for violating it wouldn't matter and my case would be lost. As for other clerks with attendance problems not being disciplined, I'm not really too sure about that. People where I work tend to keep that information to themselves. They dont want others to know if they are getting exceptional treatment.
I will wait to file with MSPB until you have the time to give me the citations for denied rights. I can't thank you enough for all the time and help you are giving me.

I am a working carrier and at times I must work OT, such as today. You can file online w/no problem. Please wait until I look up the citations for denied rights. The reason you need the death certificate and DD-214 is to prove your husband was a vet. You may need your marriage license as well. You must prove you were married, he was a member of the armed forces who served in Vietnam and that he passed away. Once you file you will receive a acknowledgement order signed by a judge. In most instances the judge will require you to prove you are entitled to MSPB protection-elitigibility
and the time limit issue This I doubt they will ask for because you were never given your rights. I must tell you....if you chose MSPB the union can not take your case to arbitration. Its called election...one or the other but not both. You were a clerk? Do you know of any other clerks who had attendance problems but were ner disciplined? Just asking. You should check out the MSPB website and see what it is all about. Gotta go....the dogs want out.

NY....Remember that old commercial on TV that went "I Love New York"...hahaha, well that's what I'm singing right now. Okay, I have both the death certificate and DD-214. What next? When it comes to filing, I dont think I can do it online because how would I submit copies of the death certificate and DD-214. Well, I am anxiously awaiting your reply as to what I do next......"I Love New York"