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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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fatboy  
#1 Posted : Wednesday, September 11, 2019 9:55:51 AM(UTC)
fatboy

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I have an OWCP accepted back injury from 3 years ago (L5 protrusion with radiopathy and L4 protrusion). Medical visits have been paid to date. Since last November I have had pain flair ups where I have missed several weeks of work on 3 separate occasions, I used sick leave to cover them, (finding out I can't convert it to OWCP leave once I use SL). I just had another MRI and it shows the L5 is slightly worse and causing the flare ups.

Should I simply fill out the CA7 or do I have to argue consequential injury. From what I understand the CA2a is difficult and this is not a reoccurrence as the original injury was never resolved. I'm wondering weather the OWCP is going to require a CA2a and an explanation on how this worsened. FYI the MRI was approved as well as an injection.

VW1  
#2 Posted : Wednesday, October 9, 2019 10:47:26 AM(UTC)
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Originally Posted by: fatboy Go to Quoted Post
I have an OWCP accepted back injury from 3 years ago (L5 protrusion with radiopathy and L4 protrusion). Medical visits have been paid to date. Since last November I have had pain flair ups where I have missed several weeks of work on 3 separate occasions, I used sick leave to cover them, (finding out I can't convert it to OWCP leave once I use SL). I just had another MRI and it shows the L5 is slightly worse and causing the flare ups.

Should I simply fill out the CA7 or do I have to argue consequential injury. From what I understand the CA2a is difficult and this is not a reoccurrence as the original injury was never resolved. I'm wondering weather the OWCP is going to require a CA2a and an explanation on how this worsened. FYI the MRI was approved as well as an injection.



A recurrence of disability is defined as a spontaneous return or increase of disability due to a previous injury or occupational disease without intervening cause, or a return or increase of disability due to a consequential injury. A recurrence of disability differs from a new injury in that with a recurrence, no event other than the previous injury accounts for the disability. Since you have returned to work it is possible that factors of your employment has caused your condition to materially worsen. This would need to be determined by your treating physician. If your doctor says that factors of your employment, i.e. bending, twisting, lifting etc.., caused the condition to worsen then you would need to file a CA-1 or CA-2, most likely a CA-2 for a new injury claim. If factors of your employment caused the worsening of the condition it is considered a new claim.

Not sure who told you that you cannot change your SL to LWOP/IOD is partially right and partially wrong. You can request through OWCP to buy back that leave but your employer must approve the request. The problem with buying back your leave is the fact that you will have to pay out of pocket to buy it back. OWCP is either going to pay you 66 2/3% of your salary or 75% if you have dependents. When you use your leave you are paid 100% of your salary so you will have to pay 25% or 33 1/3% out of pocket to equal the 100% you were paid for the leave. Hope I explained it to make sense.
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