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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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#1 Posted : Wednesday, February 12, 2020 7:53:57 AM(UTC)

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I sustained a R knee injury in 2011...had surgery...received a SA and returned to work 2012.
In 2013, I sustained an injury to my L knee...had multiple surgeries, was placed on PN Status on this claim number, and have received compensation ever since.
I went on SSD (which was just converted to SSA due to age) and formally retired from my agency 4 yrs ago.
My R knee condition has deteriorated over the years and I just had an agency authorized TKR, I’m currently in rehab.
Question: because I received a SA for my R knee, but now that knee required a TKR as a direct result of my initial injury, does my compensation status change for my R knee?
#2 Posted : Wednesday, February 26, 2020 8:53:17 PM(UTC)

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When you reach maximum medical improvement from your latest surgery for the right knee, you can file for an amended scheduled award, which could be paid concurrently with the compensation for loss of wages for the left knee, etc. The chances are good that the percentage of impairment will be greater than what was previously awarded even with medical rehab..

But, you cannot draw temporary total disability on two OWCP cases for current periods of time. After all, you only had one job and you are currently being compensated for total disability on the left knee injury that did prevent you from returning to work. I would not rock that boat as your pay rate for your more recent injury was probably higher and I do not see much to be gained from getting total disability benefits on the older injury at this point.

Since you are still in medical rehab for the right knee recent surgery, you probably have not reached maximum medical improvement just yet. When you get told that there is nothing more that can be done (except maybe pain meds), that is the point in time to file for an amended scheduled award.
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