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

Notification

Icon
Error

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.
3 Pages123>
Options
Go to last post Go to first unread
peace9  
#1 Posted : Thursday, November 04, 2010 6:06:03 AM(UTC)
peace9

Rank: Groupie

Groups: Registered
Joined: 7/11/2010(UTC)
Posts: 107

I have several questions to ask in regards to Worker's Compensation payments and Schedule Award:
 
I fell on my job in March 2009 and broke my right patella(knee cap), I was rushed from my job to the emergency room to have knee surgery.   The doctor's tried to repair the patella(knee cap), but with physical therapy the knee would still swell to the point were it effected my quality of living.  In addition, I could not get full flexion in my right leg.  I could only get a range of motion of 85 degrees.  In December 2009 my Orthro doctor suggested I would have to have a Total Knee Replacement if I wanted a better quality of life.  I did have the TKR in February 2010 and I have been going through all types of physical therapy to get my complete range of motion.  Currently I am still getting only 69 -72 degrees in range of motion and the knee still hurt and swell up really big if I walk on it for a long period of time.  I have not been back to work since my injury in March 2009, I still cannot drive a car because the injury was to my right knee.  I am receiving Periodic Payments on a monthly basic, and currently my Employment Agency still has my job open and they have indicated that I still have a job, but my supervisor did contact my husband to come and clear out my desk and take all my belongings home.
Additionlly I do have a WC Nurse assigned to me and she has been trying everything in her power to try to get me back to work even through my doctor still has not released me back to work because he indicates I will need additonal time to recover due t my range of motion in my knee.
 
a).  Can I request a MMI from my doctor even through I still do not have a range of motion of 90 degrees?
b).  Since I have lost a knee cap would that be considered as a "Limb Lost" and would I be entitled to received a Schedule Award?
c).  Do OWCP have to still approve me for physical therapy as long as I receive OWCP Payment?...How long am I entitled to physical therapy and medical bills being paid by OWCP?
d).  Can I make the decision to take the WC Nurse into the room with me when I'm talking to my Ortho doctor? 
(I normally go in by myself when meeting with my doctor because the WC Nurse always try to influence my doctor for a "Return to work day")
 
I would appreciate if you can tell me what my options are as a Total Knee Replacement recipent/claimant.
 
Thank you!      
Snowed  
#2 Posted : Thursday, November 04, 2010 9:21:22 AM(UTC)
Snowed

Rank: Senior Member

Groups: Registered
Joined: 9/1/2009(UTC)
Posts: 1,987

Was thanked: 1 time(s) in 1 post(s)
a)  Why do you want to rush MMI?
b) Schedule award is for permanent impairment of body parts...YES to your question.
c.) Physical therapy approval is for a specific period of time, usual 2-6 months.  Then if doctor wants you to continue they have to send in for authorization again.  Medical bills paid as long as injury/disease lasts and medical is current.
d.)You can refuse to let nurse in with you during exam.  Nurse needs a date but talk to doctor ahead of time.   Dr will usually set the date in future with the hope you will recover but can change it at any time.
March for Justice!
peace9  
#3 Posted : Thursday, November 04, 2010 10:27:44 AM(UTC)
peace9

Rank: Groupie

Groups: Registered
Joined: 7/11/2010(UTC)
Posts: 107

Thank you very much for a speedy reply and for answering my questions.  The reason it may seem like I'm rushing for a MMI is because the monthly WC check I receive at 75% of my salary as a GS-11 is beginning to put me and my family in financial bind, I really need the money from my schedule award to get current on urgent expenses.  I'm not sure what percentage of disability rating my doctor will give me but he is a very good doctor and has been working in my favor every since I have been under his care and had the TKR.
 
Is there a time limit on submitting medical bills for medications I have paid for, and travel expenses to doctor appointment, physical therapy,etc.?
 
What is the usual time limit for schedule awards to be processed and awarded?
 
Thanks for all your information and feedback!
 
MAKE IT A GREAT DAY!Smile 
edalder  
#4 Posted : Friday, November 05, 2010 12:50:13 AM(UTC)
edalder

Rank: Senior Member

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

Unless your doctor is an absolute quack, he should not declare that you have reach maximum medical improvement until you actually have reached it. How you recover medically has nothing to do with your financial issues.

You need to submit your claims for out of pocket medical and travel expenses by the end of the calendar year following the year in which they were incurred. Since it is now November, you probably have less than two months to get those 2009 expenses submitted. Getting moving. For 2010 expenses, you have until the end of 2011.

Most OWCP offices take six to fifteen months to process uncomplicated scheduled awards. As a practical matter, it does not make sense to accept a scheduled award unless you are back to work or retired. A scheduled award is NOT paid concurrently with compensation for loss of wages. It is paid instead of such compensation. Therefore, in your current situation, a scheduled award won't solve your financial issues.

OWCP does sometimes pay a scheduled award in a lump sum, but you must have established an approved retirement claim with OPM or be back at work, before OWCP will consider that option.


Kivi
peace9  
#5 Posted : Friday, November 05, 2010 2:53:31 AM(UTC)
peace9

Rank: Groupie

Groups: Registered
Joined: 7/11/2010(UTC)
Posts: 107

Thank you so much for your quick response.  I will take your advise and get started on applying for my 2009 and 2010 out of pocket expenses.Smile
MedRetiredFlyCop  
#6 Posted : Thursday, December 30, 2010 12:52:22 AM(UTC)
MedRetiredFlyCop

Rank: Newbie

Groups: Registered
Joined: 12/30/2010(UTC)
Posts: 12

Sounds Famialar....they forced me to retire with my knee.  Never found me another job etc... I did get a sched award but when you drop so far in pay it doesn't last the longest and I am way too young to be retired.  I am now just trying to force them to do a full replacement.  My Dr says its the only thing that will cure the pain or make it barrable.
MMAFAM  
#7 Posted : Sunday, January 02, 2011 8:51:28 AM(UTC)
MMAFAM

Rank: Newbie

Groups: Registered
Joined: 1/2/2011(UTC)
Posts: 21

Anyone have any information on Medical retirement? 12/29 was 9 years with the gov't and I was told that MMI will not be reached as for being able to fulfill my Position Description. i ws told I get 60% the 1st year and 40% rest of life, TAXABLE, plus I pay my own insurance for my son + I. And the kicker is i cannot make more than $59k/yr or I get NOTHING from the gov't.

Does anyone know if LEAP counts towards your 3 years high or just base pay?

Also, what is scheduled award for knee/leg, how many weeks?
MMAFAM  
#8 Posted : Sunday, January 02, 2011 8:54:25 AM(UTC)
MMAFAM

Rank: Newbie

Groups: Registered
Joined: 1/2/2011(UTC)
Posts: 21

Also, I had surgery to attach my hamstring to my hip, NOT an OWCP claimed injury, while out on a knee injury (OWCP)

Because it took OWCP 16 mths to clear my surgery for my knee, it hampered my rehab of my hip/hamstring. Does the fact that their incompetence affect award....or...are there any seperate suits a fed employee can file?

My knee injury was so simple but bc of how long it took, it is forcing me to medically retire, as I will no longer be able to fulfill my duties as a FAM. Any advice/knowledge to be shared is appreciated.
Snowed  
#9 Posted : Sunday, January 02, 2011 10:30:23 PM(UTC)
Snowed

Rank: Senior Member

Groups: Registered
Joined: 9/1/2009(UTC)
Posts: 1,987

Was thanked: 1 time(s) in 1 post(s)
A leg is up to 288 weeks for schedule award.
March for Justice!
MMAFAM  
#10 Posted : Sunday, January 02, 2011 11:16:47 PM(UTC)
MMAFAM

Rank: Newbie

Groups: Registered
Joined: 1/2/2011(UTC)
Posts: 21

280 weeks based on what rate of pay? When I went out or where I am now?

Are there ANY other forms of compensation besides the scheduled award for feds? With the retirement being such garbage one would think thered be more.
Is scheduled award $ tax-free?
Snowed  
#11 Posted : Sunday, January 02, 2011 11:54:51 PM(UTC)
Snowed

Rank: Senior Member

Groups: Registered
Joined: 9/1/2009(UTC)
Posts: 1,987

Was thanked: 1 time(s) in 1 post(s)
That is UP TO 288 weeks.  Your leg would have to be practically unusable to get the full amount.  You can remain on TTD for as long as the medical warrants but no other compensation is available.  Like TTD, a schedule award is tax free but you can not get both at the same time for the same injury/body part.  Don't forget to claim you mileage for a medical travel, including trips to the pharmacy.
March for Justice!
MMAFAM  
#12 Posted : Monday, January 03, 2011 12:05:21 AM(UTC)
MMAFAM

Rank: Newbie

Groups: Registered
Joined: 1/2/2011(UTC)
Posts: 21

Yes, the mileage I voucher for everything.

So if I went back light duty, 4 hrs/day, and received OWCP the other 4 hrs/day, I couldn't receive an award until retired or back full time?

Who decides and has final say in the % disability tloss) in my leg?

I loss 35 degrees Range of motion, am at MMI and can't go back as an air marshal, can hardly do steps, and will hae constant pain ro varying degrees rest of life. Who decides what % I get?

Also, when I get retired, I was referred to Pain Management....does OWCP pay for that for as long asneeded even after they stop paying me since same injury?
Snowed  
#13 Posted : Monday, January 03, 2011 3:59:49 AM(UTC)
Snowed

Rank: Senior Member

Groups: Registered
Joined: 9/1/2009(UTC)
Posts: 1,987

Was thanked: 1 time(s) in 1 post(s)
You can submit claim for schedule award anytime but you will not receive wage loss AND schedule award for the same time period.  That is why it is better to be back at work full time or receiving DR.
 
When you are ready for your schedule award you will need to find a doctor who is using the AMA 6th edition guidelines.  That medical report is sent into OWCP with your CA-7 requesting award.  The DMA will review and possibly send you out for a second opinion if they do not agree with your doctors rating.
 
OWCP pays for all medical treatment related to you accepted medical condition(s), forever.  You need to be dilligent and keep your medical updated.  the doctor will need to write a narrative at least once a year to reiterate why your continued care is related to the original work injury/disease.
March for Justice!
MMAFAM  
#14 Posted : Monday, January 03, 2011 5:49:22 AM(UTC)
MMAFAM

Rank: Newbie

Groups: Registered
Joined: 1/2/2011(UTC)
Posts: 21

Do you know much about DR? I know ss et but basic Dis Ret if my job has LEAP is it included in my percentage for retirement?

MedRetiredFlyCop  
#15 Posted : Monday, January 03, 2011 11:05:36 AM(UTC)
MedRetiredFlyCop

Rank: Newbie

Groups: Registered
Joined: 12/30/2010(UTC)
Posts: 12

MMAFAM,  Judging by your Screen Name we may have alot in common...I am a Dis Ret FAM, and it sucks. Leap does not figure in atleast in my case.  I say that just because of the $$$ figures.  After the first year at 60% of what you made it drops to 40%.  If you are fianancially ready to retire its not bad, me I just got married and bought a house so you know how I feel.  Anyways, the worst part for me is they will not replace my knee because of my age. At time of injury I was 40 now I am 45 and they say I have to be 52 for a new knee.  I am in the works of suing so I can get a new knee, I am sick of meds and the pain besides all the other body parts that now are failing beacuse of my constant limp.
If you have any questions I may answer let me know, I was completely blinded by the process and feel like I got bent over the rail so don't let it happen to you
Snowed  
#16 Posted : Monday, January 03, 2011 12:53:22 PM(UTC)
Snowed

Rank: Senior Member

Groups: Registered
Joined: 9/1/2009(UTC)
Posts: 1,987

Was thanked: 1 time(s) in 1 post(s)
Sorry, I don't know what LEAP is.
March for Justice!
MMAFAM  
#17 Posted : Monday, January 03, 2011 10:13:36 PM(UTC)
MMAFAM

Rank: Newbie

Groups: Registered
Joined: 1/2/2011(UTC)
Posts: 21

Were you FAM who got knee crushed by flt attndnt who slammed cart into you on purpose?

Its just amazing a cop can get hurt off job and get retired at 75% tax free and med ins and we get raped for being hurt ON job

I was hurt as a DM (DT) Instructor. They've been busting balls bout light duty, office work, yet 2 doctors kept writing letters I cannot sit more than 30-60 min w/o getting up and leg buckling and pain. If I'm home I can rest, take meds, other modalities. To go be an office worker I have to drive 1hr to work, sit for 4, drive 60-90 min back and for what? Just to be paid 1/2 by FAMS and 1/2 by OWCP?

Dec 29 was 9 yrs in fed LEO and its unfair I wrote a letter to Congressman Pete King who's helped me A LOT w/this owcp nonsense to make him aware how Fed LEO's are handled in work-related situations.

MOST impt to me is how does medical/life/dental/vision insurance workout if I go DR?
MedRetiredFlyCop  
#18 Posted : Tuesday, January 04, 2011 9:17:49 PM(UTC)
MedRetiredFlyCop

Rank: Newbie

Groups: Registered
Joined: 12/30/2010(UTC)
Posts: 12

Nope...I know a guy though who had a F/A jump on him...I had a passenger pull a bag down and it crushed my knee.  My Medical came with me though I have to pay for it just like a fed emp.
MMAFAM  
#19 Posted : Tuesday, January 04, 2011 9:48:49 PM(UTC)
MMAFAM

Rank: Newbie

Groups: Registered
Joined: 1/2/2011(UTC)
Posts: 21

So you pay same medical ins. Premium you payed when you were a FAM? A BOP pal of mine is going on SSD bc his back is all banged up, just had a kid 2 mts ago, and is paying $700/momth.

What field office were you out of again? I was NYFO since 06.
MedRetiredFlyCop  
#20 Posted : Wednesday, January 05, 2011 4:19:30 PM(UTC)
MedRetiredFlyCop

Rank: Newbie

Groups: Registered
Joined: 12/30/2010(UTC)
Posts: 12

mma,  I was LASFO (Las Vegas) since it 02 and retired in 07.  I pay the same I paid when employed for me and my wife.  I have Fed Blue Cross and dental.  It gets deducted out of my monthly check from OPM.  Also...it is taxed!!!! surprise!!!! My monthly annuity is tax, and there are several options you can go with when you sign papers.  I took the option to have the annuity pay as long as possible for my wife after my passing as she is much younger then me.  It all in the paperwork when you file.
Rss Feed  Atom Feed
Users browsing this topic
Guest
3 Pages123>
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 1.065 seconds.