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Federal Workers' Compensation

The Office of Workers' Compensation Programs administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents who experience work-related injury or occupational disease.

Here is a forum for members to share and exchange experiences regarding to workers' compensation related issues.


To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.
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MailMom  
#1 Posted : Saturday, March 30, 2019 1:59:49 PM(UTC)
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After completing a SecOp appointment for an approved claim I was rewarded with the dreaded Termination of Benefits letter from DOL. They mentioned twice in the letter that my medical benefits are not being terminated, only my limited duty benefit. My surgeon has stated that he is not willing for me to return to my full-duty position and updated my limited duty paperwork.

I’d like to know if the group thinks I have any chance of a successful appeal on my own, or if hiring an attorney is my best course of action.

Thanks for any input.
BrokenWings  
#2 Posted : Monday, April 1, 2019 12:10:23 PM(UTC)
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Get an Attorney. It’s worth every penny. You won’t get far without one. Also, get the copy of the report sent from the SecOp. I got a copy of mine by FOIA-ing my own records. I was displeased to see what mine said; however, I had zero problems rebutting - his opinion has nothing to do with my very well documented, work-related accident. I also did what everyone else advised not to - the 2 times I had a nurse assigned to me, I invited her to my appointments and had her Q&A my surgeon. But like I said, I had a very well documented accident at work; my case is very clear cut in that respect. Additionally, the conditions that were the result of the accident were unfortunately clearly visible even without an X-ray or MRI.
MailMom  
#3 Posted : Tuesday, April 2, 2019 7:37:54 AM(UTC)
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Thanks! I received a quote of 3k to 4k, with a 50/50 chance to prevail. I’m not owed any benefits, so I really need to consider that this may continue.

If I wait to hire the attorney for the ECAB stage, might I be better off? Since the DOL are so set to uphold their own findings, would it be money best spent in the 3 judge panel?
(I’m really trying to see past the next set of obstacles)
VW1  
#4 Posted : Wednesday, April 3, 2019 9:56:01 AM(UTC)
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That is a ridiculous amount of money to pay when you could actually do this yourself with some help. Heck, I could do an appeal for you and it wouldn't even cost 10% of what they quoted you. Quick question for you though, why do you feel that you aren't owed any benefits and what do you mean by you only have a limited duty benefit?
MailMom  
#5 Posted : Wednesday, April 3, 2019 10:10:15 AM(UTC)
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Hello VW1. I’m receiving a full paycheck, and until today was working limited duty in the office after carrying half my route each day.

Today I was notified that the district nurse has rescinded my limited duty offer and instructed the delivery Supv to have me resume full work duties immediately.

This notice comes on the heels of receiving the termination of benefits letter a week ago.

I’m assuming my appeal for reconsideration is still due within 30 days, but I’ll have to double check that.
VW1  
#6 Posted : Friday, April 5, 2019 5:24:57 AM(UTC)
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There are numerous things you need to do to protect yourself. Based on the limited information I am going to assume that the SECOP doctor said you had no residuals of your injury and you can return to work full time. If your doctor disagrees with this they need to fully explain why. If his prior reports state that you cannot return to full duty at this time and they are well rationalized and based on a complete and factual background, than there is a conflict in medical opinion and they should send you to a referee doctor.

You will also need to see the SOAF that was sent to the SECOP doctor to make sure it is accurate. You will need to see the questions that were sent to them as well to make sure there are no leading questions. You will want to get a copy of all medical records that were sent to the SECOP doctor to ensure his report is based on a complete and factual background.
thanks 1 user thanked VW1 for this useful post.
MailMom on 4/6/2019(UTC)
Stephan  
#7 Posted : Saturday, April 6, 2019 12:18:23 PM(UTC)
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THIS IS THE PERSON TO CHECK WITH

https://theowcpclassroom.blogspot.com/

Jessie Slade is the best! Contact Jessie!
Stephan  
#8 Posted : Saturday, April 6, 2019 12:36:41 PM(UTC)
Stephan

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PLEASE CONTACT JESSIE SLADE. SHE WAS REALLY HELPFUL TO ME!!!

I SENT ANOTHER CONTACT FOR JESSIE IN ANOTHER REPLY HERE.

HERE'S ANOTHER CONTACT LINK:

https://www.facebook.com/theowcpclassroom/

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