WINK M/5536. Did you file a motion to appeal the judges dismissal? I already posted once to you about this. Check the procedures booklet that was mailed to you to see who to mail your motion too. Don't waste any time, it sounds like a ploy to get rid of your case to me and it should not hold up to your appeal.

Time limits are essential "to promote justice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared." Allred v. Chynoweth, 990 F.2d 527, 529-30 (10th Cir. 1993)

Do I still have a chance at this EEOC BS!

I just received a letter the Federal Judge that my case was dismissed due to "Failure to Prosecute"???

I was trying to do this case PRO SE (in paupaus)because no attorney wanted to help. Fear of Goloath the USPS???

I filed in Federal court in November and had been await a court date
None came. I suspect interference.

I went to the court house in early May and was told none was scheduled yet.

But according to my dismissal letter. The Judges decision was made May 14th.

We all are screwed, those brave enought to go for the fight.

Do I still have a chance?

Edited by author 06-30-2009 09:38 AM
BigMike-
"Like Chrome on a bumper" That's a good one I have not heard.
Thank you very much for your post and encouragement.
When I went to my personal doctor the other day, he noticed I was having problems with my feet. He was very angry about it and how owcp has not been scheduling the surgery and so forth. When he said that I needed to write a letter to them stating this and that, I interupted him and said "You know what? a letter from you stating to them exactly what you are saying now would carry a lot more weight than a letter from me."

Interesting-I am anxious to see if it gets results.

Have a good day and thank you again for your work.

Pivotman: In my experience the question asked by the employing agency is never, or at least very, very, seldom, whether or not the claimant is really hurt. The question is... how can we get out of this? Obviously, if the claimant is bleeding or has a pipe sticking through them the comp. claim may be resolved right away, but if it is something not so obvious there is going to be a battle.

Recently it has taken two years to stop OWCP from deducting an "overpayment" from a guy's monthly check. Was there an overpayment, no...not really. Is OWCP having to pay back now, Yes, but only after 2 years of fighting and all this time the guy and his family suffered.

Two more recent cases, a carrier whose joints are just shot after a couple of decades of hard work. It has taken years to convince OWCP that this guy is hurt. A lady with emotional distress... maybe 3 or 4 years, it seems like forever...but finally persistence has won for her.

I had a fellow once who, doing his duty, had to step out on a metal staircase in the rain. He fell backwards hitting his head and his rt arm as he fell. OWCP, after a bit admitted that he had fallen but claimed there was no prove that the fall had been the agent that damaged the guy's head and arm. Our doctor literally laughed at them. We won the case but again, it took some time and some fight and we had to stick to them like chrome on a bumper.

The employing agency almost always controverts a claim...because they have to reimburse OWCP for the benefits, and they hate that. They will try every trick in the book. Likewise in EEO complainta...there is a minefield of, as you so neatly put it "trap doors." But, the law is there to be read and to help. It must be studied, we must share our knowledge, and we must file our complaints when we have been disrespected and ill-used by being discriminated against.

How do we stop the employing agency's advantage? Tough question...they have the money, they have a team of NEEOISO investigators on their side, and a team of lawyers too. What do we have... just each other, the law, and the will to get in their eye like onion juice and stay there until we've made our point or exhausted our administrative remedies.

I have been fighting the USPS over one thing or another since 1971... you want to know what I'm always short on? Witnesses. The one advantage we have and most of us are too scared to stand up and say what we've seen and we know to be true. If the workforce would stick together and just tell the truth when asked...then management would be afraid to cross the line. I've seen it happen once, for a while.

So you are dead on target Pivotman, the employing agency doesn't care if the injury is legitimate they simply want out of it by hook or by crook. I know exactly what you are saying! Once again, I urge you all to get Dr. Musacco's book, Beyond Going Postal, and read it. I'm not a book salesman but he explains exactly, from his own experience, how the pressure is applied from above, from the top, all the way down the food chain to us.

It may cheer some of you up to know that Level 22 and 23 schmucks are getting their butts kicked too. Not as often, not as bad, but kicked nonetheless. The USPS has always been a jungle... eat or be eaten, but now that the bean-counters are in charge and the only goal is profit people have become expendable. Don't let them take us out one by one as you stand by mutely...help each other. I feel like I'm preaching to the choir here, but spread the word. As old Ben said we'd better hang together or we'll certainly hang separately.

has anyone else gone through an arbitration? are the arbitrators as crooked as the rest as the system?

Me-
And BigMike
"Crap never stops"
I have read many posts on this forum. The bottom line question I have to ask is that there has to be a way that agencies can know whether or not a claimant is legitiment or not. But rather than using reasonable means to identify them, agencies tend to just want to get a pay-back for the injury they had to go through.
Does anyone understand what I am saying? There are so many loopholes, and trap doors throughout the process, it is almost impossbile for anyone to survive through it. And the sick part of it, is everyone knows it!
The process seems to remind me of the game show "Wipeout". Some eventually make it, but the majority wipeout.
So why can't something be done about this? I mean seriously done about each step of the process.

thru the yrs i have filed several eeo grievances and won... then i had to file 2 more eeo's against PM and injury comp lady.. unfair labor practices also... i work 20 hrs a week and collect 20 hrs from OWCP... i had a oral hearing for consequantial injuries... this injury comp lady was there... a copy of the transcript was sent to this lady and she was to comment within 20 days and then send a copy to me and i would be allowed to comment on her remarks.. she was informed to do this 3 times and in her own regs it says to send a copy to me.. she didn't and i found this out months later while requesting a copy of my OWCP file... i have filed a greivance but the harm is done... i am not sure if i want to go thur the stress of filing another eeo but the crap never stops... and then i don't want to not file an eeo and be told, well you had the oppurnity and lost your chance... if i do file an eeo, what could i state the harm was????

Thanks Mike
The reason I asked is because during the time I was still working I did not know that the medical problems steming from my working conditions that I was requesting reasonable accommodations for were considered an OWCP injury. When I asked my supervisior if it was something I could file a claim for she said no. I did not know any better, plus I was sooo very sick. I kept going to the HR director telling him that I needed reasonable accomdations (workspace adjustment) and I was denied, but as I look back I would think that he would have known or should have known that the problem that I was requesting accommodations was also covered under the OWCP.
.

Slingshot: Don't ask HR if you're hurt. Demand a form CA-1 for a traumatic injury or a CA-2 for an Occupational Disease from the supervisor he must give you one. If Management is recalcitrant then get the form off the internet...but get one and get it filed and keep copies, get a receipt that the form has been turned in. Be able to prove that it has been submitted.

Believe me OWCP will give you an opinion on whether or not you've had a compensable on the job injury. Don't trust them either...they reject many meritorius claims out of hand. Be prepared for the employing agency to "controvert" your claim. be prepared to supply a medical opinion from your doctor, two doctors if you can get them. The Narrative Medical Statement has to include many elements and it must avoid equivocation.

heartoffire: I can't tell from your posting if you've filed a "grievance" under the National Agreement or an EEO "complaint." Those two words indicate two different forums.

To be actionable a "hostile work environment" complain must be sufficiently severe or pervasive to alter the conditions of your employment. See Harris v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993). You probably need to find yourself a good representative in you have an EEO complaint or a good union steward in you have a grievance. Use your computer to research your problem in is better than the Library at Alexandrian. Best of Luck

did you see 5511

I responded, see /m5534

i need to talk to you i sent a message earlier did you get it

I'm hanging in here, how's bout you?

I'm still blowing.