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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.


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kelldee  
#1 Posted : Monday, November 15, 2010 5:06:45 AM(UTC)
kelldee

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Ok...  so now I have some questions.  My husband's case has been accepted and includes:  lumbar disc degeneration, lumbar disc displacement, lumbosacral spondylosis, and lumbosacral neuritis.  So, we have made an appt for an impairment rating and have been called back by the doctor's office stating that the doctor is stating "he is unable to rate this spine condition according to the 6th edition".  So, what exactly do they rate under 6th edition...  this nurse didnt press the issue or wants to press the issue to find out exactly what the heck that translation means to my husband.  She said something in regards to the fact that the 5th edition would rate the nerve damage/issues he has with his leg, foot, and toes...  but that for the 6th edition would be a whole body rating and they feel that OWCP will throw out any rating that they do on him under the 6th edition for his nerve damage?  Can someone please enlighten me on what this means?  So if he has atrophy, loss of motion, tingling, pain, numbness, etc.....  how is this not rated in 6th.  Please help me....  I have a call into OWCP, but I am patiently waiting for them to call me back.
sugarplum  
#2 Posted : Monday, November 15, 2010 6:18:20 AM(UTC)
sugarplum

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From the OWCP FAQ :

"F-25.      Can a schedule award be paid due to permanent impairment of the brain, heart, or back?

 No.  These parts of the body are specifically excluded from schedule award consideration under the FECA.  However, compensation is paid for wage loss resulting from such impairment. "

I would seek advice on whether a schedule award can be made based on impairment of other body parts as a result of the accepted conditions. In other words, can they rate his leg for impairment, and then he would receive a schedule award based on the number of weeks allotted for his leg?  I do not have any idea what the answer to that question is.  Good luck.


Prevail in good cheer!
sugarplum  
#3 Posted : Monday, November 15, 2010 6:22:49 AM(UTC)
sugarplum

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Here's how to download Publication 550, the OWCP Q&A: 
Go here:http://www.dol.gov/owcp/dfec/

Under the General Guidance heading,  click on Questions and Answers About FECA (Publication CA-550).




Prevail in good cheer!
jesse slade  
#4 Posted : Monday, November 15, 2010 7:50:43 AM(UTC)
jesse slade

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Although you cannot receive a schedule award for the actual back injuries, I'm pretty sure you can receive a schedule award for the damage from injuries to the back...like nerve damage, loss of range of motion, etc...
leftylouie  
#5 Posted : Monday, November 15, 2010 9:22:10 AM(UTC)
leftylouie

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From my understanding, the sixth edition is harder to rate impairments - meaning it is switched to rate you lower for your impairment when it comes to the scheduled award.  Lower rating = less award...simple.  Yes- with back injury you will be entitled to an award for the impairments to the lower extremity it has affected. Loss of reflex, nerve damage, loss of use due to such - not range of motion.  I received a scheduled award years ago for my back herniation and the residuals suffered from it.
Just want to be free....
kelldee  
#6 Posted : Tuesday, November 16, 2010 2:11:51 PM(UTC)
kelldee

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Thanks... still waiting...  the doctors office is going to contact OWCP because they are a little confused and they are one of the only offices in this whole area that will rate according to the 6th.  So, the case examiner called back and is saying that the impairment he has with his leg, foot, toes can be rated....  so I am leaving it up to the doctor's office to contact OWCP and get this cleared up...  I will post more as I find out more:)
kelldee  
#7 Posted : Monday, December 13, 2010 12:06:11 PM(UTC)
kelldee

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..... ok, so now we have an impairment rating..  it is rated as a whole person impairment rating?  How does that work??? 
leftylouie  
#8 Posted : Tuesday, December 14, 2010 2:31:22 AM(UTC)
leftylouie

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Unfortunately, I think you may have a problem when they write it as a whole body inpairment.  It must be broken down to the impairments in the lower extremities, foot, toes.  That is how my impairments were listed due to my back injury and I was successful receiving an award.
Just want to be free....
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