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butkus51  
#1 Posted : Friday, November 22, 2019 8:21:22 AM(UTC)
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How do I file for a consequential injury? I had arthritis in my right knee when I popped my quad tendon at work in January. So my bad right knee had to carry the load for 8 months. Now I am off work LWOP because I didn't have enough hours for FMLA. I was recently informed that this situation is covered under OWCP as a consequential injury. How do I start the process?
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postalvet  
#2 Posted : Friday, November 22, 2019 9:41:34 AM(UTC)
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Originally Posted by: butkus51 Go to Quoted Post
How do I file for a consequential injury? I had arthritis in my right knee when I popped my quad tendon at work in January. So my bad right knee had to carry the load for 8 months. Now I am off work LWOP because I didn't have enough hours for FMLA. I was recently informed that this situation is covered under OWCP as a consequential injury. How do I start the process?


https://www.dol.gov/owcp/regs/compliance/ca-2.pdf

filling a ca2 can be a complicated process. you must have a doctor that is willing to file a ton of paper work. you must also write a statement on how you believe the injury is caused by work and you must provide details on your home life that might also affect the injury and what you have had to change because of said injury.

also go here.

https://theowcpclassroom.blogspot.com/
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Roger.D  
#3 Posted : Friday, November 22, 2019 11:08:58 AM(UTC)
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Have you steward contact (or yourself) your NBA. You Region likely has someone that has gone through the same training that to PO and Dr's have gone though to navagate the OWCP minefield.
mailman617  
#4 Posted : Sunday, November 24, 2019 1:44:40 PM(UTC)
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Find a doctor that knows what they are doing narratives etc.... your ca2 will most likely be denied the first time around. So finding a doctor that accepts owcp is very important.
Rivkah  
#5 Posted : Friday, November 29, 2019 4:21:58 PM(UTC)
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Was the knee arthritis or tendon injury an accepted work related condition? If not, the new injury is not consequential. If it happened in 1 shift, it is a traumatic injury and you must file a CA1. Otherwise it's an occupational illness and requires a CA2. A worsening of an accepted condition is consequential if it was spontaneous and nothing else contributed to it. It's hard to prove. It's usually easier to file for a new injury. You're still within the the time frame to file. Definitely check out the links postalvet provided and his recommendations.
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butkus51 on 11/30/2019(UTC)
butkus51  
#6 Posted : Saturday, November 30, 2019 2:21:52 AM(UTC)
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Originally Posted by: Rivkah Go to Quoted Post
Was the knee arthritis or tendon injury an accepted work related condition? If not, the new injury is not consequential.



Thank you.
My tendon rupture back in January was accepted. I had arthritis in the other knee for ten years. So for about 7 months, the arthritic knee had to bear all my weight since my left leg wouldn't function. In fact, my therapist recommended a cortisone shot for the arthritis as it was hindering my rehab. I went back to work after 8 months and worked for about 10 weeks. Now I am out again because the arthritic knee is too painful to walk on. I was managing quite well for ten years until I ruptured my left quad tendon. That is why I think it is consequential.
"Try again, fail again. Fail better."
postalvet  
#7 Posted : Saturday, November 30, 2019 9:39:56 AM(UTC)
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Originally Posted by: butkus51 Go to Quoted Post
Originally Posted by: Rivkah Go to Quoted Post
Was the knee arthritis or tendon injury an accepted work related condition? If not, the new injury is not consequential.



Thank you.
My tendon rupture back in January was accepted. I had arthritis in the other knee for ten years. So for about 7 months, the arthritic knee had to bear all my weight since my left leg wouldn't function. In fact, my therapist recommended a cortisone shot for the arthritis as it was hindering my rehab. I went back to work after 8 months and worked for about 10 weeks. Now I am out again because the arthritic knee is too painful to walk on. I was managing quite well for ten years until I ruptured my left quad tendon. That is why I think it is consequential.


wish you would have said right or left, we would know for sure.

based on what you said it is a new injury.
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butkus51  
#8 Posted : Saturday, November 30, 2019 10:27:49 AM(UTC)
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Quote:


wish you would have said right or left, we would know for sure.

based on what you said it is a new injury.


Any references to arthritis is the right knee. The accepted condition was the left quad rupture
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postalvet  
#9 Posted : Saturday, November 30, 2019 12:00:52 PM(UTC)
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Originally Posted by: butkus51 Go to Quoted Post
Quote:


wish you would have said right or left, we would know for sure.

based on what you said it is a new injury.


Any references to arthritis is the right knee. The accepted condition was the left quad rupture


yup new injury

a new injury no matter the cause will be easier to prove.

I would say a ca-2

Edited by user Saturday, November 30, 2019 12:01:22 PM(UTC)  | Reason: Not specified

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LeroyToliver  
#10 Posted : Saturday, December 7, 2019 6:43:38 AM(UTC)
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If you know full well that an on the job injury will have further consequences down the road with aging or wear and tare you should never allow your OWCP claim to close. Keep visiting the doctor, therapist, surgeon, etc.. Even if just for visits or medicine. Reopening a claim is close to impossible in todays OWCP. I would file a new claim and let OWCP connect the dots to your previous on the job injury if they so wish. Your doctor needs to leave no doubt that your job as a human pack mule caused your injury on whatever narrative they write up.
thanks 1 user thanked LeroyToliver for this useful post.
butkus51 on 1/11/2020(UTC)
postalvet  
#11 Posted : Saturday, December 7, 2019 3:49:00 PM(UTC)
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and you also must write up a good narrative explaining your duties.

and how the injury has limited your off work duties and leisure time.
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butkus51  
#12 Posted : Saturday, January 11, 2020 6:10:23 AM(UTC)
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Originally Posted by: LeroyToliver Go to Quoted Post
If you know full well that an on the job injury will have further consequences down the road with aging or wear and tare you should never allow your OWCP claim to close. Keep visiting the doctor, therapist, surgeon, etc.. Even if just for visits or medicine. Reopening a claim is close to impossible in todays OWCP. I would file a new claim and let OWCP connect the dots to your previous on the job injury if they so wish. Your doctor needs to leave no doubt that your job as a human pack mule caused your injury on whatever narrative they
write up.


I found a DOL doctor that will submit the report for a consequential injury and also will file a report that puts me back on comp retroactive to Nov 13 when I went out again. The doctor said basically what you said. Keep the case open and do not file for an award. I also put in for SSDI. My attorney said they will go back to the date of the covered injury and include the recent event as well. I will put in a CA 7 to get my leave back that I've used, about 240 hours. I was also told that any money I have spent on my new injury will be reimbursed.

What I need to know is if I get SSDI while on comp, am I obligated to retire? My attorney said SSDI benefits would be offset by comp.


"Try again, fail again. Fail better."
MPE2009  
#13 Posted : Saturday, January 11, 2020 12:24:16 PM(UTC)
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Originally Posted by: butkus51 Go to Quoted Post
Originally Posted by: LeroyToliver Go to Quoted Post
If you know full well that an on the job injury will have further consequences down the road with aging or wear and tare you should never allow your OWCP claim to close. Keep visiting the doctor, therapist, surgeon, etc.. Even if just for visits or medicine. Reopening a claim is close to impossible in todays OWCP. I would file a new claim and let OWCP connect the dots to your previous on the job injury if they so wish. Your doctor needs to leave no doubt that your job as a human pack mule caused your injury on whatever narrative they
write up.


I found a DOL doctor that will submit the report for a consequential injury and also will file a report that puts me back on comp retroactive to Nov 13 when I went out again. The doctor said basically what you said. Keep the case open and do not file for an award. I also put in for SSDI. My attorney said they will go back to the date of the covered injury and include the recent event as well. I will put in a CA 7 to get my leave back that I've used, about 240 hours. I was also told that any money I have spent on my new injury will be reimbursed.

What I need to know is if I get SSDI while on comp, am I obligated to retire? My attorney said SSDI benefits would be offset by comp.




What did your attorney say?

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