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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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OBE17  
#1 Posted : Tuesday, February 11, 2020 7:24:19 AM(UTC)
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Is THIS the end of ME? Or will I win? I'm keeping up the fight!

Edited by user Tuesday, February 11, 2020 7:25:59 AM(UTC)  | Reason: Not specified

swimmingly  
#2 Posted : Saturday, February 22, 2020 1:22:35 PM(UTC)

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What has happened so far? I asked for voc rehab and the whole thing was a joke...Have you worked at all lately?
Lou65  
#3 Posted : Saturday, February 22, 2020 4:39:15 PM(UTC)
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I am presently going thru vocab rehab. Worked for post office for 25 years. Got hurt on the job this is a disgrace. Counselor is not your friend. They are getting paid good money to kick you off workers comp and put you thru LWEC. Lost wages earnings capacity. Post office wont accomodate so the vocab counselor says i have to work in the private sector. They make a resume for you and post it online expecting you to go to interviews making 10 bucks an hour. Union has done nothing for me. If you're in vocab rehab it is the end. Good luck to you.
OBE17  
#4 Posted : Sunday, February 23, 2020 5:10:55 AM(UTC)
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Thanx for responding Swimmingly and Lou65.

I am presently in VR being forced to attend classes in WORD and EXCEL at the Community College near me.

After a SECOP (the only one in 3 decades on LWEC) a "doctor" who also has a legal degree after his name,(JD) could not refute my medical evidence and conditions but he certified me fit to work 8-hours-per-day in a Sedentary job. Which everyone knows is the second-best thing he could have done for his $750 fee.

When the OWCP CE sent the letter to my EA CE (NAVSEA) her answer was that there were no jobs to offer and added, "Mr. ______ may not be a good candidate for VR services since his permanent restrictions severely limit his ability to work and he has limited technical skills."

The OWCP CE addressed those concerns in her recommendation for VR on Form R-14 like this, "The Employing Agency expressed concerns with offering the claimant Voc Services but the SECOP noted that he was working odd jobs and was capable of working a full range of Sedentary jobs."

Since 2009 when I could no longer work 40 hours per week as a janitor, my hours were changed thusly, I found a job in the early morning as a guard opening up a local public school (at 6am) and turning on the lights and heat or AC and accepting deliveries of milk, bread, and commodities for the cafeteria. I didn't put the stuff away, that is done by the drivers. This took 2 hours per day and I was on my way home a little after 8am. Later in the afternoon, I walked across the street, from my home, to the business where I used to be a full time janitor and swept the floor and put-out the trash for which I'm paid one or two hours.

In 2015 I lost that school job leaving me with only the afternoon job. The SECOP doc when reading my file asked: "Wow! You haven't worked in 35 years?" I told him I have been working all along but in unskilled jobs because I could no longer ply my skilled trade (Sheet Metal Worker) due to my injuries.

All of these hours and earnings have been documented on Form CA1032 each year but based upon what I've told you, the SECOP certified that I could work a full-range of Sedentary jobs 8-hours-per-day. My treating physician has been submitting Forms 5c every year since 2010 that I can work less than 2 hours 40 minutes per day in all of the duties enumerated on the Form 5c.

OBE17  
#5 Posted : Sunday, February 23, 2020 8:43:10 AM(UTC)
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It's Sunday so I had only a little time to post before I had to go out. Now I'll give you the "knotty" problem for which I need an answer:

I'm working on a counter-attack of the incongruous certification issued by the SECOP. I say incongruous because it is totally out of place with the medical narrative he had no choice but to submit based upon all of the evidence I supplied. (x-rays, MRIs, and ultimately, after we saw his report, an independent IME I submitted-to and paid for out-of-my-own-pocket)

But I have several angles from which to counter-attack. One is the correctness of sending me thru VR according to the parameters dictated by FECA guidelines and the other is the actual validity and cost-effectiveness of sending me thru VR.

On the CD I requested (under the Privacy Act) I was given what OWCP calls CPI PAYMENT PLATES which were run on three occasions where some action precipitated a running of the Shadrick Formula. One was in 2011, one in 2012, and the latest one in 2016. This prompted me to get a firm grip on how Shadrick works and having three different plates run by 5 different CEs helped to convince me I am right. Here is my finding: Items 1, 2, and 3, of the formula call for whole numbers, gleaned from another source, to be "plugged-in" to the Shadrick Formula.

Those numbers are:
Item 1) the weekly Pay Rate at the time of the injury. (not exactly the moment of injury but somewhere near it, I guess)
Item 2) the weekly pay rate of the job, currently.
Item 3) my Actual Weekly Earning Capacity as accepted by 5 different CEs over 5 years.
Item 4) which is Item 3 ÷ Item 2
Item 5) which is Item 4 x Item 1
Item 6) which is Item 1 - Item 5
Item 7) which is Item 6 x .75 in my case

My questions is: am I correct when I assume that the Constructed LWEC we arrive at when VR is complete gets "plugged-in" at item #3?
OBE17  
#6 Posted : Sunday, February 23, 2020 8:57:30 AM(UTC)
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As one might surmise, I have a lot more calculations and arguments which I don't care to "publish" in an open forum. If an expert cares to contact me in-person I will gladly pay that person for their expert advice.

I'm wracking my brain trying to figure out why a CE would "push" for this Constructing of a LWEC in my case. If my calculations are correct, I stand to, not only NOT have my benefit cut but to get a RAISE!

Please contact me. If you don't want to give your email address to a stranger, plug my email address into the website called "10-Minute email" and get a totally anonymous email address that self-destructs after 10-minutes! obe17@mail.com
jesse slade  
#7 Posted : Sunday, February 23, 2020 11:22:41 AM(UTC)

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Your flaw is with #3 and using actual earnings.

You've been working part-time. The current weight of medical evidence stands with the secop, which has determined you can work full-time, eight hours per day.

Actual earnings are used when you work (in this case full-time) and the wages fairly and reasonably represent your ability to earn wages.

In your case, #3 will be based on wages you are capable of earning. In other words, the pay rate of the job OWCP determines you can perform after VR.

OBE17  
#8 Posted : Sunday, February 23, 2020 11:46:44 AM(UTC)
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I think I understand but allowing that I'm not able to stop the Constructed LWEC from being applied, into which Item # of the Shadrick Formula does the CE plug-in the Constructed LWEC? Does it go into Item #3?
jesse slade  
#9 Posted : Sunday, February 23, 2020 11:55:31 AM(UTC)

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#3 is either the actual earnings or the earnings you are capable of earning.

In your case there are no actual earnings, so the pay rate of the job OWCP determines you can do will be used in #3.
OBE17  
#10 Posted : Sunday, February 23, 2020 12:04:03 PM(UTC)
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I want to make perfectly sure I'm reading you right, Jesse.
Your last sentence said she will plug that Constructed LWEC job rate into Item #3.

I have three PAYMENT PLATES (that I got using templates from your website) showing that for the past 10 years they have had $413.60 in Item 3. It's the rate of the injury job on the date of the injury.

But that is neither here nor there, this CE is spending $8800 (that's what Form 14 says) to Construct an LWEC whose value is $438 or $403 so she can enter it into Item #3 where she has (in one case) a HIGHER NUMBER ALREADY!

She's gonna give me a RAISE!
jesse slade  
#11 Posted : Sunday, February 23, 2020 12:19:28 PM(UTC)

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There is no 'constructed LWEC' to plug in. The LWEC will be based on the pay rate of the job they determine you can perform. The end result, in this case #6 is the "constructed" LWEC.

There are no actual earnings to use, so OWCP has to "construct" the LWEC. They do this by using the pay rate of the job they determine you can perform.

The "constructed" LWEC is the end result. The LWEC OWCP has constructed based on the pay rate of the job they determine you can perform.

So there is no constructed LWEC to plug into the formula. #3 will be based on the pay rate of the job OWCP determines you can perform.

The previous calculations will not apply. Those calculations were based on actual earnings of part-time work. Those will not factor in to the new calculation. The new calculations will be based on full-time employment and #3 will be the pay rate of the job OWCP determines you can perform.

Even using the $413.60 in #3 the rest of the calculations have to be done.

OBE17  
#12 Posted : Sunday, February 23, 2020 12:40:27 PM(UTC)
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Oh! Okay then. THAT is the question I needed answered.

If they are allowed to put the LWEC into Item #5 they are not using Shadrick at all.
When someone uses a formula. they can't choose which parts of it you want to use. You either use the formula or you don't.
They are using an arbitrary number. That is what I wanted to know.

ECAB says that Shadrick's purpose is not to establish earning capacity but to establish earning capacity loss. So they've corrupted the intent of the rule just like they've corrupted the mission statement of FECA which was instituted to protect American Workers' rights!

Okay then, I'll focus all my energy on refuting the SECOP. Thanks again and I'll go to your website and donate a $100. At least now I know to not waste anymore time in this argument. I'm almost sure I've got them on the SECOP doc is a QUACK argument!
I think I can win on Appeal but appeals happen AFTER our benefits have stopped. I wanted to avoid that.

Thanks again. You're the best!

OBE17  
#13 Posted : Sunday, February 23, 2020 1:02:32 PM(UTC)
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"So there is no constructed LWEC to plug into the formula. #3 will be based on the pay rate of the job OWCP determines you can perform."

Yes, I know. I got a letter stating that they will use one of two numbers after I complete the courses at the community college. $438 or $403 they are the pay rates of the two jobs chosen by the CE.

"The previous calculations will not apply. Those calculations were based on actual earnings of part-time work. Those will not factor in to the new calculation. The new calculations will be based on full-time employment and #3 will be the pay rate of the job OWCP determines you can perform."

I listed these tabulations to illustrate that they have been using $413.60 in Item #3 historically, for I don't know how long.

My benefit amount has been based upon have $413.60 in Item #3. If they were to put (for example) the lower one $403 in Item #3

MY MONTHLY BENEFIT WOULD GO UP! THAT is what I was trying to say.
jesse slade  
#14 Posted : Sunday, February 23, 2020 1:09:07 PM(UTC)

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It's impossible to say whether or not you're making accurate calculations without knowing what #1 and #2 indicate or what pay rate they would use for #3. But even if using the $400 amount, it's impossible to calculate without #1 and #2.

The odds of OWCP increasing your compensation are highly unlikely. Should the end result of the Shadrick formula come out to a number higher than what you receive now, OWCP would likely discontinue VR and keep you at the compensation you currently receive.
OBE17  
#15 Posted : Sunday, February 23, 2020 1:38:35 PM(UTC)
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Dear Jesse:

It's not only not impossible, it's fairly elementary. It's 5th Grade math!

I use my monthly statement and "old" PAYMENT PLATES to "uncover" the values in Item #2 and Item #3.

They left the number $413.60 in Item #1 but zeroes in 2 and 3 but I get Items # 4, 5, 6, and 7 from either the PAYMENT PLATES or my Monthly Statement.

I reverse-engineer (for want of a better term) those values in Item #2 and Item #3 and I come up with this:

My injury job rate at the moment of injury was WG-10 Step-3 my paystub shows $444.80
But they don't give me that, they go back in time, I guess, and they give me $413.60

The today rate of WG-10 Step-3 is $950.40 but reversing the mathematical operations I arrive at $919.11 that's the number that they have in Item #2
I reverse Item #3 and find that it comes out to be $413.60 (why they would use THAT number I don't know because that sounds paradoxical)
With those three numbers in Items # 1, 2, and 3, I run Shadrick and all the numbers come out correct and the gross benefit amount after even the 87¢ rounding
comes out to the gross benefit amount on my Monthly Statement for the payment made to me on the date of that run in 2016.

Everything agrees. In this way, I know the numbers they used in Item 2 & 3
And the number they have been using in #3 is $413.60 which is a tiny bit lower than one and a little higher than the other which leads me to suspect that this CE is just as dumb as you say some of them are!

If she's gonna try to eliminate my benefit she's going to have to qualify me for a job somewhere near the rate of my injury job TODAY or $950 and it ain't gonna happen!
OBE17  
#16 Posted : Sunday, February 23, 2020 1:48:31 PM(UTC)
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Now, Shadrick does allude to situations where the job rate doubles or halves, over 2, 5, or 10 years, due to cataclysmic events such as a business boom or bust.
But my job rate simply creeped-up over 35 years due to natural events and cost-of-living and all that stuff.

But the fact remains that Shadrick only supports my argument that I lost a LOT of money when I got hurt!
They want to cut me out now that I'm old and they have no right. I have my DEM Congressman and one DEM Senator's office who have promised to (try) to make sure they don't.
jesse slade  
#17 Posted : Sunday, February 23, 2020 2:38:23 PM(UTC)

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As long as OWCP is following their own regulations, and by everything you've posted they have, there is nothing a Congressperson or Senator can do to alter the outcome. While they can inquire, OWCP will simply explain how they've followed their own regulations.

Again, you cannot plug in #3 because you don't know what that amount is going to be yet. That's based on the job they determine you can do. They could come back and say that job pays $25,000 a year or they could come back and say it pays $50,000 a year.

The current pay rate is used to determine your wage earning capacity.

#1: $413.60 date of injury weekly pay rate
#2: $950.40 current weekly pay rate
#3: $500.00 (using $26,000 a year as wages you're capable of earning)
#4: 53% wage earning capacity #3 divided by #2
#5: $219.21 wage earning capacity #4 x #1
#6: $194.39 loss of wage earning capacity #1 - #5
$194.39 x 75% compensation rate = $145.79 paid to you per week

Just to be perfectly clear, there is no scenario on this planet where OWCP is going to give you a 'raise'.

Edited by user Sunday, February 23, 2020 6:29:41 PM(UTC)  | Reason: Not specified

OBE17  
#18 Posted : Monday, February 24, 2020 12:09:53 AM(UTC)
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Let me address your last line first: When I say that they could conceivably have to give me a RAISE, it is hyperbole. (that is an outrageous statement not meant to be taken literally but to make a point) I don’t believe they are going to do that! I suspect at some point someone is going to wake-up and realize that they’ve begun a process that doesn’t end-up where they assumed it would and as you have stated… ABORT! Stop VR! Go no further. Spend no more money on this man’s training. Somebody goofed!

Secondly, I had my doubts about how effective “Congressional” or “Senatorial” intervention could be but several experts have assured me, “Oh no! There is a separate set of rules regarding inquiries from pols.” One fella even told me their letters land on the CE’s desk in a RED folder and they have a set amount of time to be answered! He said, “We got our funding from them. We were sensitive to their inquiries.” Now, if you are alluding to the fact that they are not allowed to “interfere” their offices made that perfectly clear.

As for the pay rates of the two jobs they are going to make me qualified for:

I’m sorry. I thought I made that clear. I mean the job they determine I can do. I have a letter from the OWCP CE stating they are going to qualify me for one of two jobs. She quotes the DOT# of those jobs and the weekly pay rate. I got a follow-up letter from my Employing Agency NAVSEA that I am going to be sent, by OWCP, through VR and qualified for those same jobs and the rates of pay.

I got all of the inter-office memos including the Form VR-14 authorized by the RS and the RC. It states that according to the CE, the SECOP certifies I can do each of those jobs, even over the objection of the CE at my EA. I began classes 3-weeks-ago. I am through the first course. I am 8-months into the process.

As for their saying, now, in mid-stream, that I’m qualified for a $50,000 job, I don’t see how they could. They can’t simply say they’re going to pay for me to learn MS-Office and then I’m going to look for jobs as an airline pilot. They have already stretched FECA §8115 to the point of snapping! I’m 75-years-old. They are training me for Sedentary jobs I’ve never done, historically, which are in no way anything like my usual employment. It’s not Steven Hawking they are trying to get off the roles, it’s an IW whom SECOP admits has suffered a loss in earnings potential as a Sheet Metal Mechanic in Heavy Manufacturing, I never graduated from high school. I worked with my hands and my back. I’ve lost hundreds of thousands of dollars because I was permanently injured on the job,

Finally, in the scenario you illustrate, I still don’t lose too much (I mean the $500 in Item #3 instead of the $438 or $403 they have already quoted) You are overlooking how a PAYMENT PLATE is interpolated. Its purpose is as a formula to gauge the effect of the Consumer Price Index on an IW’s benefit rate. You go as far as Item #7 but there two more steps to get to the 28-day number. You stopped at the Weekly Comp Rate, you now have to add that to my Cumulative CPI and then round it.

I ask a question of the most knowledgeable person I’ve read in the past 8 months I’ve been into my research and you seem to get mad at me at every point in my argument. My argument is not with you! I can tell by all the effort you spend on these websites that you seek to prepare an IW for the fray. I’m merely asking you questions. Thanks again. I’ll be on your website on WED when my check comes to hit the DONATE button. Thanks for replying to me.



jesse slade  
#19 Posted : Monday, February 24, 2020 9:52:29 AM(UTC)

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I'm aware there are more calculations. I went as far as #6 because that's where you stopped in your original post. You have to go the extra steps.

I didn't say Congress or Senators weren't allowed to contact OWCP on a claimant's behalf and I never said anything about "interfering" and yes, inquiries from Senators and/or Congress get special treatment.

But it doesn't mean a Senator or Congressperson can do anything other than make the inquiry and if something is being done wrong, point that out to get it corrected. In your case, based on your posts, they've done nothing wrong, they're following their own regulations and OWCP's response is very likely to say just that.

Congress/Senators can't go to OWCP and say hey, I want this guy treated differently. They act as a go between. If OWCP is acting outside their regulations, Congress/Senators can be effective in getting them to follow their own regulations. But if OWCP is within their regulations, there's nothing Congress/Senators can do. In this case, OWCP is following their own regulations (based on what you've posted).

Again, I didn't say they were going to say you could be an airline pilot or anything else. But VR is required to identify at least two jobs. Depending on your transferable skills and the training you receive, the pay rates of those jobs can vary. Last week I read a claimant's VR paperwork where the entry-level office job had a weekly pay rate of $550. ($28,600 a year). You're playing a hypothetical game of what if here. That makes it difficult to provide the answers you want.

OWCP doesn't normally identify a job that is considered high level unless the claimant has those specific transferable skills. Most are entry-level jobs.

OBE17  
#20 Posted : Tuesday, February 25, 2020 4:16:11 AM(UTC)
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Thanks, Jesse, this is the answer I was hoping for:

"The odds of OWCP increasing your compensation are highly unlikely. Should the end result of the Shadrick formula come out to a number higher than what you receive now, OWCP would likely discontinue VR and keep you at the compensation you currently receive."

I needed to know for sure (for my own peace of mind) which Item # (in the Shadrick Formula) the Constructed LWEC would occupy. I already KNOW what the LWEC is going to be because I already have letters from OWCP's Claims Examiner, my Employing Agency's CE, the Rehab Counselor, and a copy of the Form R-14 (VR Referral) stating the DOT# of the job, the job description, and the pay rate they are going to apply.

I also know the amounts they have used as Item #1 because it's on my Monthly Statement and Item #2 because I "reverse-engineered" the formula on the three PAYMENT PLATES they gave me on the CD of my case data I requested under The Privacy Act (I owe THAT to you) I am not 100% sure which one of the two job openings it will be but I assume it will be the higher of the two, i.e. the $438 per week Customer Service Representative job.

When I am finished my classes and we go through the motions of a feigned attempt at placing me in a job, the CE will "let the cat out of the cellophane bag" and reveal to me that since I was not hired into any of the job-openings within the prescribed time limits, OWCP was going to invoke the Constructed LWEC Rule and "plug that number into" Item # 3 of the Shadrick Formula.

When she does that (if she waits that long to do it) she will see that she has replaced the number 413.60 (which up-till-now has occupied Item #3) with the new number $438 and she will run the formula and find that she will be able to cut my benefit by a paltry $8.34!

There are two other possibilities, however, that you pointed-out: the RC could, conceivably, find a job opening, that I qualify-for with my workplace limitations, that is higher than the one quoted, which I would guess they would have the prerogative of using (but it won't be too much of a difference)

What all this means is: they should have explored the "forecast" (for lack of a better term) of the result of sending me through VR and realized it was not a good move which was what you say at the beginning of this post. THAT is all I'm hoping for. If it doesn't work out this way and they are able to cram some number down my throat which achieves their goal, I still have my "your SECOP doc is a QUACK!" argument. Thanks again...I hope you are right.

Your answer also satisfies the grounds for an "intervention" (if you will) by a Congressperson. My thoughts there were that the pol would not be uncovering some error OWCP was making in application of VR process but the wisdom of applying it in my case. Congress IS the entity from which OWCP gets their funding and so Congress would be within their rights to question whether it was good judgement to spend $8800 (that's the cost of this VR according to the Form R-14) to save, perhaps, less than $50 per month!
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