James R. Linehan Workers Compensation Law Blog on Lawyers.com

POSTAL WORKER AWARDED OVER $105,000.00 ON OWCP CLAIM

Wednesday, November 7, 2012 by James R. Linehan

GOVERNMENT DENIES FEDERAL WORKERS' COMP CLAIM; APPEAL WINS CLAIMANT OVER $105,000 AND MEDICAL CARE FOR LIFE

The claimant was a mail carrier for the US Postal Service. While lifting and moving boxes and other items during his work, he suffered injuries to his neck, back and arm. He timely filed his claim for federal workers' compensation benefits with the US Office of Workers' Compensation Programs "OWCP".

After filing his claim, the OWCP then issued a decision denying his claim. The OWCP said that the claimant did not provide evidence showing that his claimed injuries were caused by the incident at work that he had described.

That claimant sought my assistance to appeal that OWCP decision. A claimant employee seeking benefits under the Federal Employee's Compensation Act has the burden of establishing the essential elements of his claim. This includes the fact that the Claimant is an "employee of the United States" within the meaning of the Act, that the claim was timely filed, that an injury was sustained in the performance of duty as alleged and that any alleged disability and/or specific condition for which compensation is claimed are causally related to the employment injury.

On appeal we obtained new additional medical evidence to show that the claimant's injuries did indeed occur in the manner and event as described by the claimant. We also presented medical evidence showing that the injuries were causally connected to his work. The OWCP reviewed our appeal and vacated their prior denial and awarded the claimant benefits. The OWCP agreed to pay the claimant over $105,000.00 in backpay compensation, to pay him over $3,600.00 every four weeks for lost work time and to provide medical care for life on his accepted conditions; all tax free.

I can help you OWCP claim, simply call 1-888-412-4890 or email me.

FEDERAL WORKER EXPOSED TO RADIATION DECADES AGO SUFFERS BREAST CANCER; GOVERNMENT CONSIDERS AWARDING 10x PRIOR AMOUNT AFTER APPEAL IS MADE

Certain federal workers who worked at specific government and contract plants may have been exposed to radiation during their years of work. As result they may have incurred one or more of several types of cancers and illnesses due to their radiation exposures.

The government provides a separate federal workers' compensation program for these workers. These claims are processed under the Energy Employees Occupational Illness Compensation Programs Act "EEOICPA". Under Part B of the EEOICPA, if qualified, an injured worker can receive a lump sum payment of $150,000.00. Under Part E of the EEOICPA the injured workers can receive medical benefits and can receive $2500.00 for every percentage point of whole body impairment under the 5th Ed. of the AMA Guides up to $250,000.00, tax free.

In this case the claimant was found to have suffered breast cancer as direct result of her radiation exposures from decades earlier. The government awarded her $105,000 under part B. However the government awarded her only a paltry minimal amount under Part E.

Upon seeking assistance, we obtained and filed a new updated medical rating. This rating basically showed the claimant had actually incurred a whole body impairment that was 10 times greater than what the government doctors had proposed as an award. As result, the government has reconsidered its prior award to find the claimant is entitled to a ten-fold increase in her prior award under Part E of the EEOICPA.

If you need help or assistance on filing your EEOICPA claim feel free to call me at 1-888-412-4890.

OWCP RECONSIDERS AND ISSUES HIGHER AWARD AFTER APPEAL

In the OWCP claim, the employee, another US Postal worker was injured during an automobile accident on his route. He filed a claim for federal workers' compensation benefits. His claim was approved by OWCP and he was provided lost work time compensation and medical care.

Upon release from medical treatment he filed for his scheduled award. A scheduled award is a separate tax free payment made to injured federal employees for permanent impairment they have due to their accepted injury. The award is based on a medical rating under the 6th Ed. of the AMA Guides. Contrary to EEOICPA claims, there are no "whole body" awards in OWCP claims.

The claimant obtained and filed a proper rating from his own choice of doctor. The OWCP then sent the claimant to their own doctor who issued a much lower rating. The OWCP awarded the claimant a much lower rating.

Asking my assistance, I argued on appeal that the OWCP had created a "conflict" in the record. The conflict was between the claimant's own rating doctors' report and the rating report of the OWCP doctor. As such where there is a conflict in medical evidence, the rules require that the OWCP send the case out to an impartial medical specialist for resolution. Since the OWCP did not do that, they did not follow their own rules and thus their lower rating award was incorrect. On appeal the OWCP entirely agreed and re-issued a new scheduled award reflecting a higher percentage of rating to the claimant, tax-free, in addition to providing medical care for life for the accepted condition of injury.

Posted at 11:29 AM

Topic: Workers Compensation