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
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