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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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busyb  
#1 Posted : Tuesday, November 02, 2010 12:44:49 AM(UTC)
busyb

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I had a compensable injury. There was a 3rd party settlement. The only "clear money" that I am free to use is 20% of the settlement after past expenses of claim and attorney fees have been deducted, the remainder is held in abeyance for possible future eligible OWCP claims. Would a SA come out of that remaining fund. Even if it did it would free up additional funds.
edalder  
#2 Posted : Wednesday, November 03, 2010 10:34:36 AM(UTC)
edalder

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You have not received a reply because I suspect that you have not been very clear in your post.

What I think happened is this. You had a work injury, probably a vehicle accident. OWCP spent $10,000 in medical and wage loss benefits. (My figures are hypothetical, obviously.) You settled your third party law suit for $25,000. After an attorney fee of $5,000, you were left with 20,000. 20% of that is yours free and clear, so you got to keep. $5,000. That left $15,000 from which you made a refund to OWCP of $10,000. (The actual refund probably was closer to $7500 as the Gov't indirectly contributes to your attorney fee, which is 25% in this example.)

You have $5,000 that you did not have to give back to the Gov't. However, it is a credit or buffer against further compensation benefits, including a scheduled award. You get rid of the credit by establishing that you have incurred $5,000 in out of pocket medical expenses or lost wages or, by establishing entitlement to a scheduled award.

So, go ahead and apply for the scheduled award. However, you may have to pay for the medical exam and then bill the cost against that 5k credit, using my example. 

Kivi
maddog  
#3 Posted : Wednesday, November 03, 2010 9:53:06 PM(UTC)
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Any remaining amount in escrow/reserve is applied toward the award.  If you are awarded 20 weeks based on an extremity which equals lets say 35K based on your DOI/DDB or DOR payrate and there is 15K in escrow or reserve you would only be entitled to 20K and the 15K would be taken first before you receive payment.
It is always better to apply for an award before the 3rd party settlement is concluded. Providing of course you arae no longer receiving comp, and are at MMI.
 
busyb  
#4 Posted : Wednesday, November 03, 2010 10:33:06 PM(UTC)
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Thanks maddog.
vahornfrog  
#5 Posted : Thursday, December 09, 2010 4:32:50 AM(UTC)
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On third party law suits.  Are there any lawyers who work with infectious diseases in Virginia?  Luckily I am now on medications to help with pain and depression now (morphine and prestic) but as of now OWCP is not helping with my future.  No pay and since I had an infection after surgery they do not know how to deal with my problems.  Instead of sending me to specialist for injuries after surgery it will be a “tell me when something is wrong scenario”.    If I establish via a doctor that problems were caused by the infection they will advise the director and he or she will make a decisions if they are related.  As it stand I am tired of trying to work through OWCP to even get an appointment to see specialist and prefer an attorney to sue the hospital.  Not only have they not helped me with a catheter injury while in the hospital, I have to worry about cancer in three different areas now.  OWCP has only excepted the new injury to the spine only.  If you know an attorney that specializes in infectious diseases in Virginia please let me know. I have until 01/14/2011 to file but didn't know about the infection intil 07/30/210.
Thank you!
2man456  
#6 Posted : Monday, August 08, 2011 4:03:24 PM(UTC)
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If there was a third party involved in the accident, and you've filed a
personal injury suit against them, can worker's comp try to regain any
of your medical costs from what's won from this claim against the third
party?


TBI  
#7 Posted : Monday, August 08, 2011 5:41:17 PM(UTC)
TBI

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2man456 wrote:
If there was a third party involved in the accident, and you've filed a personal injury suit against them, can worker's comp try to regain any of your medical costs from what's won from this claim against the third party?
YES!!!!!! And they will.
sometimes, Traumatic Brain Injuries are "invisible".
TBI  
#8 Posted : Monday, August 08, 2011 5:56:51 PM(UTC)
TBI

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Go to the "postal employees" forum and check out the previous posts for a third party lawsuit on 24 July 2011.  Hope this helps, and good luck!Smile
sometimes, Traumatic Brain Injuries are "invisible".
purple161616  
#9 Posted : Tuesday, August 16, 2011 12:30:25 AM(UTC)
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I am currently on the periodic rolls and have a 3rd party lawsuit.  Assuming that I get a substantial award, after owcp gets reinburst for medical and comp payments, when can I receive the money that is held in "escrow".  Do I have to seperate from the PO, retire?  If I quit the PO but take another job elsewhere, would I receive the escrow money?
TBI  
#10 Posted : Tuesday, August 16, 2011 1:10:09 AM(UTC)
TBI

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purple161616 wrote:
I am currently on the periodic rolls and have a 3rd party lawsuit.  Assuming that I get a substantial award, after owcp gets reinburst for medical and comp payments, when can I receive the money that is held in "escrow".  Do I have to seperate from the PO, retire?  If I quit the PO but take another job elsewhere, would I receive the escrow money?
Did you retain your own attorney or did the USPS negotiate on your behalf? Were your injuries permanent, and will you or have you returned to work either full or part time?
sometimes, Traumatic Brain Injuries are "invisible".
purple161616  
#11 Posted : Tuesday, August 16, 2011 1:16:53 AM(UTC)
purple161616

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I retained my own attorney.  My injury is a total knee replacemnet and I have been out on owcp since 2/11 but I am also getting another surgery on 9/23 to remove scar tissue that has built up around the replacement.  This second surgery has been approved by owcp.  I have not been back to work since my accident on 2/11.
 
Thanks for your time
TBI  
#12 Posted : Tuesday, August 16, 2011 4:17:10 AM(UTC)
TBI

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purple161616 wrote:
I retained my own attorney.  My injury is a total knee replacemnet and I have been out on owcp since 2/11 but I am also getting another surgery on 9/23 to remove scar tissue that has built up around the replacement.  This second surgery has been approved by owcp.  I have not been back to work since my accident on 2/11.
 
Thanks for your time
purple...........Once your attorney receives the funds from the 3rd party, he will then disperse checks payable to any liens on your settlement to include OWCP. After his fees and related expenses are deducted, your will receive the net balance. However, if you miss any work or incur any future medical expenses related to this injury, OWCP will suspend any payments to you until you provide documentation clearly proving that your settlement "surplus" has been exhausted. Then at that time OWCP will come back on board and resume your compensation regarding your injury. Hope this helps!Smile Good luck.
sometimes, Traumatic Brain Injuries are "invisible".
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