Welcome Guest! To enable all features please Login or Register.

Notification

Icon
Error

Department of Labor

The Department of Labor fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements.

In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers' rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support. (DOL's mission statement)

Perhaps you are working for the DOL or interested in working for the DOL. Here is a forum to share your experience with the DOL.

Options
Go to last post Go to first unread
Maitai11  
#1 Posted : Friday, January 15, 2016 12:40:11 AM(UTC)
Maitai11

Rank: Newbie

Groups: Registered
Joined: 9/19/2015(UTC)
Posts: 2

Hi All:

First time poster here. Thank you in advance for the wealth of knowledge I'm sure you all have - and the desire to help others by answering their boring questions here on the Forum. :)

My issue has to do with light duty vs sick leave. I understand what both are. Six months ago, I injured my shoulder while running on a treadmill at work. The equipment was provided by my employer and certified safe. I lost my footing and fell directly onto the treadmill "handlebars" on each side of me. I injured my right AC joint by spraining the ligament.

My case was accepted. I have a worker's comp number and everything I need to prove that they actually DID accept my case, after some initial wrangling. (I had to prove I did it while on the job and that it was a "fall," not just "catching myself on the handlebars..." Actually, it was kind of satisfying that I won one against the DOL. They automatically dismissed my case out-of-hand and put the burden on me to prove it. The original CA-1 told the story, and the lady adjudicating my case started to twist my words, until I untwisted them for her.

So, I've been nursing my injured shoulder and waiting it out while I recover. I am a federal firefighter, and will ask for a light duty status tomorrow, because there is a substantive drill coming up that I know will only make things worse. I advised my chief of the reasoning, etc. - but then he said if I couldn't do that, I also couldn't be on duty staying at work, either. Here is what they said I needed to do, and also their approach:

1. I need to obtain a doctor's note indicating the type of injury, estimated time I will be out, and any restrictions he deems appropriate. I already know I won't be able to lift probably more than 5-10 pounds while I heal. However:

2. My chief also didn't send me home "on the spot." Instead, he allowed me to finish out my shift, which is important as you will soon see. Very convenient for them, it seems.

3. The powers that be (two chiefs above him) stated that between now and the time that OWCP/DOL "approves" my light duty status, they will be charging me sick leave. This is very significant, as I have had several surgeries in the last three years, and am out of sick leave. I have annual leave, but only about 125 hours (including the 12 hours sick time I have left,) remaining in my account at this time. We are charged 24 hours per day since we're shift workers, and that will leave me with just about 10 days to have off while my light duty is "approved."

4. I anticipate being in a light duty status for more than 14 days - which, I believe, would absolve me of the "three day waiting period" claimants are not to be paid during those first three days. Assuming I'll get the notes from my doctor and P.T., then submit those to my supervisor, report to the clinic, and also contact my case manager at DOL, my request for light duty will be approved. My question was, "If I'm injured in a work comp status, why are you (my boss) charging me sick leave for the time between when I receive my doctor's note, and when I get approval from OWCP?

To be clear, it would look something like this: 1. Get doctor's note. 2. Submit to boss. 3. Wait however many days it takes for OWCP to "approve" my light duty status. 4. Get charged, starting tomorrow, 24 hours per day every other day until I'm all out - about 10 days - and hopefully DOL has approved my light duty status by the end of that 10 days.

Can they do this? Or do they have to count every day from the time the doctor places me on light duty (tomorrow) going forward, until I return to work in 100%, and without restrictions.

What does everyone think? THANK YOU so much for doing what you do.

Regards,

Maitai





edalder  
#2 Posted : Friday, January 15, 2016 6:23:44 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 10/9/2001(UTC)
Posts: 2,366

Thanks: 2 times
Was thanked: 191 time(s) in 166 post(s)
If you cannot do your job and your agency states that it cannot accommodate you, then you can be placed on sick leave or Leave Without Pay (LWOP). Your option is to request LWOP and file a CA-7 form, Claim for Compensation, to request compensation from OWCP for any period that the agency does not allow you to work. You do not have to use your leave, either sick or annual. But OWCP is not going to require the agency to "create a job for you". OWCP strongly will encourage light duty, but it cannot require it. I don't know what your occupation actually is, but that 24 hours on and 24 hours off shift suggests that you may be a firefighter.

OWCP compensation is two-thirds or three-fourths for your rate of pay.

Light or limited duty assignments can be tricky. Not every agency can find light duty that fits an injured employee's work restrictions. (Someone with a knee injury likely would have different restrictions than someone with a shoulder injury.) Moreover, disputes between the injured employee and the agency about whether a particular light duty assignment is "suitable" are very common.

Finally, even if the agency does offer you a light duty assignment that works for you, there may be a time limit as to how long the agency will make that work available. Six months to a year is a typical limit at quite a few agencies with criminal investigators.

I wish you a speedy recovery from your injury.

Edited by user Friday, January 15, 2016 6:25:43 AM(UTC)  | Reason: An additional thought.

Kivi
thanks 1 user thanked for this useful post.
CuriousPSE1 on 1/29/2016(UTC)
Maitai11  
#3 Posted : Saturday, January 16, 2016 4:45:04 AM(UTC)
Maitai11

Rank: Newbie

Groups: Registered
Joined: 9/19/2015(UTC)
Posts: 2

Thank you very much, edalder :)

As it turns out, my doctor specified today as the first day of light duty, and because of that, it's taken care of. Once I report to the clinic on Tuesday and receive the official word from the Navy, my boss will retro any charged leave from Sick/Annual Leave to Workers Compensation (KD in the system.)

A second question has arisen. I have a second job that I'll be able to do. I have restrictions of not lifting greater than 15 lbs. and pushing/pulling 30 lbs. My second job is as a part time building manager that doesn't require any physical exertion, so I can continue receiving my check there. I have two questions:

- Do I have to report the second job on my CA-7, Request for Compensation? My full time fire department job does not know whether or not I have a second job - at least, there was never any formal advisory to them, nor was one required.

- How will this affect my compensation if I DO have to report it? Will it lessen my primary job's compensation of 66 2/3% or 75%? I have seen where some need to report the income, where others do not if their job hasn't been formally notified of the second part-time job.

As always, thank you very, very much for your response to my questions.

Many thanks,

Maitai
edalder  
#4 Posted : Tuesday, February 2, 2016 6:42:58 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 10/9/2001(UTC)
Posts: 2,366

Thanks: 2 times
Was thanked: 191 time(s) in 166 post(s)
Sorry, I have been on vacation. You should mention the second job on your CA-7, but state that you have had this job before your work injury and have continued to work at it on a part-time basis (same number of hours as before the injury) since your injury does not prevent your from working at it.

It should not affect your compensation because you had the job before the work injury. If you had been unable to work at it, you probably would not have been compensated for the loss of the wages from he second job.
Kivi
ex-military  
#5 Posted : Monday, March 21, 2016 7:43:43 AM(UTC)
ex-military

Rank: Senior Member

Groups: Registered
Joined: 1/19/2012(UTC)
Posts: 1,286

Thanks: 21 times
Was thanked: 110 time(s) in 91 post(s)
I am not a medical doctor, but how long does it take for an AC joint injury to heal? It has been over 6 months. Would surgery have accelerated the healing process?
Rss Feed  Atom Feed
Users browsing this topic
Guest
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.


This page was generated in 0.618 seconds.