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".
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
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
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