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PLEASE READ
OWCP has started using the AMA Guides 6th Edition. All references on this page, or other PEN pages, that state AMA Guides 5th Edition should actually state AMA Guides 6th Edition.

PEN has totally redesigned our Injury Section in an effort to help you locate the information and resources you need. We have also designed a new OWCP Knowledge Base that may answer many of your questions. We also have a new section on Scheduled Awards.

All information contained here is for informational purposes only - you should seek help, support, and guidance from your union, USPS Human Resources or managers, and/or legal guidance from an attorney. Do not rely solely upon information contained here. We wish you every success.

We cannot answer questions or provide advice relating to on the job injuries or medical problems. Please visit our On The Job Injury forum.

" RECURRENCE: When the USPS Withdraws Your Modified Job."
by Marie Delvecchio of OWCPWorkersComp.com © 2012 - PEN Ed: Marie is a retired OWCP claims examiner.

The USPS has announced that to curb its mounting financial problems 28,000 jobs and 252 processing facilities will disappear by the end of this year. They say the bulk of the job cuts will come from attrition and retirements, not layoffs. As a retired OWCP Claims Examiner, I anticipate that the majority of the jobs eliminated will be those of injured employees with jobs modified to accommodate the limitations and restrictions set by their physicians. This process has already been implemented in part with the National Reassessment Process.

So what is the injured Postal Employee to do? The Federal Employee Compensation Act (FECA) which is administered by the Office of Workers Compensation Programs (OWCP) stipulates that when a light duty assignment made specifically to accommodate an employee is withdrawn, not due to misconduct or nonperformance of job duties, then a recurrence of disability is justified and OWCP will begin to monetarily compensate the injured worker.

Before the NRP and the Postal Services financial problems, the recurrence process in this instance was fairly simple. Today, considering that the Postal Service is OWCP's largest customer which justifies the large number of OWCP Claims Examiner positions, it appears the recurrence process has become much more difficult and time consuming. What this means is that an employee could be without monetary compensation for months until they have satisfied the Claims Examiner's demands. The Claims Examiner is going to require an extensive narrative report from the attending physician of record indicating that the employee's limitations and restrictions are still needed. The Claims Examiner might determine, although they have supporting medical evidence from the attending physician of record, that a second opinion from an OWCP doctor is needed. This could necessitate an eventual OWCP referee opinion.

The employee will not be paid until the Claims Examiner is satisfied that they have all the medical evidence they want. The Claims Examiner gives the attending physician 30 days to respond. If a second opinion (secop) is to follow, which could take a month or longer to schedule, the physician has 30 days to submit their report. If the secop finds restrictions are no longer needed, it is sent to the attending physician who has 30 days to respond. If the physician disagrees with the secop, a referee examination is scheduled.

Again, it could take months to schedule the referee examination and the physician has 45 days to submit the report. As you can see, this entire process could mean the employee will go months before a decision is rendered as to whether or not he or she will be paid. Even if the medical is in your favor and you start getting paid, you will then face a new nightmare called Vocational Rehabilitation which I will address next time.

The FECA was created not to be an adversarial process, but as you can see that is not the case. Brother and Sister Workers, you and your family deserve better. I pray that you do not have to face this nightmare but I fear it is inevitable. I assure you that it is not a hopeless situation but you will have to fight the system "tooth and nail" for what you are entitled to. Till next time, Good Luck and God Bless. Visit our website for more information and possible help with your claims.

RED FLAGS for Your Claim
It has just been brought to our attention that there are certain RED FLAGS that you should watch for in any schedule award claim that you file through OWCP. Please see our Red Flag page: Click Here

OWCP ANDERSON LETTER - IMPORTANT
USPS NOT TO PHONE CLAIMANTS PHYSICIAN
On July 14, 1999 OWCP Acting Director Shelia Williams sent this letter to Larry Anderson, USPS Manager of Safety and Risk Management. The letter provides OWCP's interpretation of 20 C.F.R. 10.506 effective January 4, 1999 and advises USPS that they cannot contact an OWCP claimants physician. The letter speaks for itself. Read Here

USPS States
Under the provisions of the Postal Reorganization Act, 39 U.S.C. 1005 (c), all employees of the United States Postal Service are covered by the Federal Employees' Compensation Act (FECA).

FECA is administered by the Office of Workers' Compensation Programs (OWCP), United States Department of Labor. OWCP determines whether the employee, or a survivor of the employee, is entitled to benefits under FECA. The director of OWCP and his or her designees have the exclusive authority to administer, interpret, and enforce the provisions of the Act.

Letter Carrier Duties
Carriers may need a description of their duties to provide to physicians - PEN has provided one here: Letter Carrier Duties

OWCP KNOWLEDGE BASE
It is imperative that you read and review our OWCP Knowledge Base. Many of your questions and concerns may be addressed there. GO

YOU MAY NEED

FORMS: CA-1, CA-2, CA2a, Ca-7 and much more.
You can find, and download, almost any form you will need relating to a work injury or disease at this Dept. of Labor link: FORMS

eLAWS:
The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given.

FIND IT!:
This Dept. of Labor (DOL) page provides a shortcut to information and services the Department of Labor offers workers. You can find: Wages & Work Hours - Workplace Safety & Health - Retirement & Health Benefits - Disability Resources - and more. GO FIND IT!

More Resources
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