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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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Pop  
#1 Posted : Friday, September 04, 2009 3:07:26 AM(UTC)
Pop

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Joined: 9/4/2009(UTC)
Posts: 15

I no longer work for the agency, Submitted my CA-7 along with doctors note relieving me of duty, no compensation only medical benefits, this claim is over 2 years old,awaiting surgery, will the feds then give me compensation ??
edalder  
#2 Posted : Saturday, September 05, 2009 3:45:31 AM(UTC)
edalder

Rank: Senior Member

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Joined: 10/9/2001(UTC)
Posts: 1,537

1. Is your doctor saying you are totally disabled?
2. What was your date of injury job? Your work ability usually is measured against your Date of Injury job.
3. After you quit, did you work elsewhere? Are you currently employed? If so, what kind of work are you currently doing or most recently did.
4. If you did not work, why not?
5. Are you currently drawing your retirement? Generally OWCP wage loss benefits are not payable concurrently with a Gov't retirement benefit.

In other words, without more details, it is almost impossible to answer your questions.
Kivi
Pop  
#3 Posted : Sunday, September 06, 2009 1:35:48 AM(UTC)
Pop

Rank: Newbie

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My claim is from 2007 and is current, my primary physician has me "off work" with total disability pending authorizations for surgeries,(2 doctors, separate parts of body) no comp for over 5 months, no work due to injuries, doctors do not recommend returning to previous federal agency because of injuries or any type of work at this time, attempted to work after resigning from agency with injuries,private sector(truck driver) for 5 months (2008). No work in over a year, To much pain, recurrence of disability due to the injuries progression. Not drawing on retirement.Formal decision rendered on the previous requests for comp, DENIED, ,,Question:: If surgeries are authorized, would I then be allowed comp, from the surgery date thru my rehabilitation???

[This message was edited by Pop on September 06, 2009 at 12:56 PM.]

[This message was edited by Pop on September 06, 2009 at 12:57 PM.]
marleymook  
#4 Posted : Wednesday, September 09, 2009 8:52:50 PM(UTC)
marleymook

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if you have separated from your agency you need to apply for opm immediately. I think it has to be within a year of separation. if approved you can waive it for owcp but you have to apply right away.
When was your claim denied? you have a time limit to appeal and you should appeal and ask for an oral hearing. why was it denied?
Pop  
#5 Posted : Saturday, September 12, 2009 9:44:32 AM(UTC)
Pop

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Posts: 15

Medical is authorized and has been since the day of the injury, whats in question is the actual comp since the doctor had me off pending surgery. I was formally denied comp but not Medical.. The appeal if filed,appears to be for past comp, at this time , I dont see a need for that battle,I only want to be assured that if and when surgery requests have been authorized and the surgery takes place, Will I then be granted comp??
marleymook  
#6 Posted : Saturday, September 12, 2009 11:23:49 AM(UTC)
marleymook

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You only have a certain amount of time to file an appeal for an ORAL HEARING. Do that, the hearing will not be for 6-8 months. By then your situation may have changed and you might wish you had followed up. If you miss the deadlines, there is no going back. If you were unable to work due to a work related injury then you should be eligible for comp. Were you unable to work? What was the reason they denied your comp? Are they paying your doctor bills?
File an appeal right now if you still can, ask for an oral hearing (not the other things) and send a letter to OWCP asking for a copy of your complete file. Put your claim # on everything. Send the letters certified, return receipt so you have proof of sending. Once you get your file it may become evident as to why your comp was denied, what the agency said etc. When you have a copy of your file you might see where they are heading with the surgery. Have you been waiting for surgery for 2 years? As Kivi said you are not providing enough information for anyone to be of help. You need your file. Extremely important is what your doctor is saying.
N. Lightend  
#7 Posted : Sunday, September 13, 2009 10:20:02 AM(UTC)
N. Lightend

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Look folks. I know what I am talking about. I went through Federal Management Labor Relations Training. I was the Chief Union Stewart for an entire Naval Base. I drew up the Negotiated Aggreement handbook representing the National Federation of Federal employees. I learned all the Owcp rules. Then I was injured and helpless. I fought for my benefits using the rules. I found out that OWCP does not play by the rules. They are trained to blatently oppose you. I shoved the rules in their face. I contacted my congressional representative and had to teach him the rules. He sent me a letter quoted their erroneous interpretation of the rules. My doctor sympathized with me and told me he treated many people who had been cheated by OWCP. He recommended I see a Lawyer, because a lawyer has the "credentials" I lacked to win. I did so and I have been winning. I would have been on the street if I did not get a lawyer.
Pop  
#8 Posted : Wednesday, September 16, 2009 2:11:52 AM(UTC)
Pop

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Marleymook: heres the deal,.. surgery just got approved.. My medical has always been open, I am no longer with that agency... I tried to work after I left the agency, lasted for only (5 months) , removed from work status( private sector) from the doc... Compensation has been formally denied for nearley 6 months even though I was still not working, (Claims Examiner felt I could still perform my duties) up to this point .
HOWEVER, now that surgery is approved..When I step foot into the hospital for surgery, will I THEN recieve compensation beings that NOW I am TOTALY DISABLED(surgery) during and after for rehab purposes ???
I did send out for the oral hearing.
marleymook  
#9 Posted : Wednesday, September 16, 2009 1:29:46 PM(UTC)
marleymook

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If your doctor said you could not perform your duties and you were totally disabled due to your federal employment then you should have been eligible for comp. The claim examiner is not a doctor. I think normally if they question your doctor's opinion they arrange for a second opinion. Good luck with your surgery, I hope it improves your condition and you recovery swiftly. I cannot answer your question about being on comp after after surgery and the rehab. I think it will depend on what your doctor says. Ask your doctor how long he thinks you will be totally disabled and if your disability is from your federal employment. Why don't you ask your claim examiner if you are going to be eligible for comp?
Pop  
#10 Posted : Saturday, September 19, 2009 5:53:45 AM(UTC)
Pop

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MArleymook: Yes the doctor did remove me from all work status,the CE decided to use the second opinion doctor who was in their favor and that was the basis for the decision of a denial for comp. However I have just spoken to my CE and surgery is to take place next week, according to my CE, I just submitted a CA-7 this past week on the 14th and that a new CA-7 will not be necessary at this time as that my Pre-op and surgery is this week. Does that sound right? I was told by others that I should file a Ca-7 the day of surgery for comp. Apart from the past comp that was claimed im not concerned about that right now, My only concern was that being that surgery is gonna take place this week, WILL Compensation then begin as that my level of disability is not in question as that having a surgery and being able to work just isnt possible. Should comp be automatic after filing a CA-7 from the day of this surgery?? The CE is evasive in the answers , when questioned about compensation, the repsonse from the CE was "what is the prognosis from the doctor?" .
marleymook  
#11 Posted : Sunday, September 20, 2009 12:16:35 AM(UTC)
marleymook

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If the CE is being evasive that is a red flag. You need to order a copy of your file. Do it in writing and do it today. Once you look at your file, it may answer your questions. Does your doctor think you will be able to work following surgery?
jolanza  
#12 Posted : Sunday, September 20, 2009 2:05:35 AM(UTC)
jolanza

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Your CE being evasive is just the start. If this surgery isn't for a life threatening condition, always get 2 opinions. That is of course from doctors that are working for you. Nothing is automatic. Your supervisor and Personnel Management have to set all this in motion. I did this for the people I supervised. We were taught this in the seminars. Make no mistakes, the folks in the Workers' Compensation "chain" are taught to deny everything subjective, and stall or ignore everything objective. They told me and my coworkers "If we don't see blood, you have to prove it." So without an attorney you are very vulnerable to their wiles.
Pop  
#13 Posted : Sunday, September 20, 2009 3:10:36 AM(UTC)
Pop

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I dont have an attorney, I am submitting a request for my file, The firt surgery will take me out of work for approximately 4 months and the second surgery( pending) will take me out for about a year or more, Vocational Rehab has been offerd in the past,(verbally) It did raise a red flag because of the evasivenes of the CE's answers. All my doctors ,(5) that have treated me, concur with the original doctors prognosis( not to return to this type of work), the OWCP only went off of the second opinion doctor who sided with OWCP.
Compensation during surgery looks like it is slipping away. Any info how to proceed at this point is appreciated.
marleymook  
#14 Posted : Sunday, September 20, 2009 4:20:49 AM(UTC)
marleymook

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Pop,
I wish I could help you. You will be able to tell what is going on when you get your file.

Try posting your problem on these sites. The first site has links that may help you and you can subscribe and post. The second one has a lawyer who answers questions. I don't know if anyone can help you without your file and knowing the reason for denial of comp. Your reemployment probably complicates the issue.

http://www.fedworkerscomp.net/

http://community.lawyers.com/forums/58.aspx

also try to get your hands on "Federal Employees Compensation Act, Practice Guide" by Howard L Graham. It is expensive $200-300 so see if you can find it in a library or courthouse legal library etc, google it.
Pop  
#15 Posted : Monday, September 21, 2009 2:57:02 AM(UTC)
Pop

Rank: Newbie

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Joined: 9/4/2009(UTC)
Posts: 15

With an accepted claim for my injuries, can OWCP continue to deny compensation when they have approved the surgery ?
Apart from not being employed with my Federal Agency anymore , what is the most logical reasons that a CE will deny compensation , during the surgery ?
hank royal  
#16 Posted : Thursday, September 24, 2009 3:30:28 PM(UTC)
hank royal

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YOU ARE GOING TO HAVE TO DEAL WITH OWCP ON A DAY TO DAY BASIS. IF IT APPROVED THE SURGERY, THEN IT SHOULD PAY COMP. YOUR PHYSICIAN SHOULD PROVIDE OWCP WITH AN ESTIMATE DATE OF RECOVERY.
Pop  
#17 Posted : Tuesday, September 29, 2009 5:11:51 AM(UTC)
Pop

Rank: Newbie

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Joined: 9/4/2009(UTC)
Posts: 15

Royal Consulting Member:
It appears that I am being placed on a daily roll, can you explain that process and does that mean monetery compensation of some sorts? I had 1 surgery and am awaiting approval for another, according to the OWCP , it states "Denied",, "Further Medical Development Needed", can you explain what the process I am going to be in for and any pitfalls that I should stay away from. Thanks
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