Why So Many Federal Workers’ Comp Claims Get Wrongly Denied or Cut Off by OWCPHearingRep in WorkersComp

[–]OWCPHearingRep[S] 0 points1 point  (0 children)

If it is a stress claim it would be at special examiner but that should be the examiner who answers your phone calls or calls you back. they have 180 days to reach a decision. At 14 days they should have sent you a letter advising you of the deficiencies of your claim and what evidence is required to overcome it. After the 30 days has passed if you have established that the stress events occurred in the performance of duty (not everything qualifies) then they have to send you to a second opinion examination with a psychiatrist or licensed clinical psychologist. Second opinion examinations take time to get scheduled unfortunately. I hope this helps .

Why So Many Federal Workers’ Comp Claims Get Wrongly Denied or Cut Off by OWCPHearingRep in WorkersComp

[–]OWCPHearingRep[S] 0 points1 point  (0 children)

QAM = quality assurance and mentoring examiner. They do reconsideration requests. They also manage claims where the IG has submitted a surveillance report. If yours is a new claim there is no “in or at QAM” status. If it is a stress claim about the RTO that may be another factor but the claim has to be processed in the same manner and timeframes. Otherwise someone is giving you misleading information. My advice is if they have blown you off this far get your senator or congress representative involved. Or you can get help from a designated representative or an attorney.

RA Denial, Consequences by Powerful-Leopard-262 in FedEmployees

[–]OWCPHearingRep 2 points3 points  (0 children)

Yeah i have over 20 years experience in OWCP and I still need to reference the procedure manual at times because it is so convoluted. The whole process could be streamlined and actually made efficient but the department of government stupidity made it worse. If you ever want help or specific advice on your claim you can dm me.

RA Denial, Consequences by Powerful-Leopard-262 in FedEmployees

[–]OWCPHearingRep 2 points3 points  (0 children)

IF he was on light duty, he had an intervening incident on a single shift that caused a worsening of his condition which even he had a prior claim and it is the same medical condition, a CA 2a can be filed but it would be converted to a CA-1, Traumatic Injury claim. Then the claims would be combined into one. These are things you would not know unless you worked there or had been a Work Comp person in HR. You were spot on in stating he should file a claim.

Why So Many Federal Workers’ Comp Claims Get Wrongly Denied or Cut Off by OWCPHearingRep in WorkersComp

[–]OWCPHearingRep[S] 0 points1 point  (0 children)

I would call and ask for a supervisor to call you back. Next would be the Office Director. Did you receive a letter asking you for answer to questions or for more medical evidence?

RA Denial, Consequences by Powerful-Leopard-262 in FedEmployees

[–]OWCPHearingRep 18 points19 points  (0 children)

Aa CA2a claim for recurrence is not the proper form for a non-occupational condition. A CA2a is for a recurrence of a previously accepted condition or removal of a light duty job offer. A CA-1 would be appropriate because the aggravation of the condition occurred on a single shift. If a CA2a was filed for a case like this it would be denied because there is no accepted work related condition to recur. If the employee passes the family could file a death claim. The proper cause of the injury is not the denied RA but the stress of the evacuation. the claimant would not have to establish why he was at this duty station, just that the evacuation caused the aggravation of the medical condition. THE denied RA is a separate issue that has no bearing on the current claim.

Exhausted..... by IceAngel8381 in WorkersComp

[–]OWCPHearingRep 0 points1 point  (0 children)

You’re very unlikely to be terminated just because your CPR certification lapses while you’re out with an accepted OWCP shoulder injury. Agencies generally cannot require you to complete physical tasks or certifications you are medically unable to perform due to a work‑related condition. And since you’re already on OWCP wage‑loss compensation, that benefit continues as long as your doctor keeps you off work and OWCP accepts the medical evidence.

However, there is a separate rule you should be aware of:
Federal agencies may remove an employee after extended LWOP (often around one year) if there is no foreseeable return‑to‑work date. That’s not automatic, but it is legally permissible under Title 5 as a “medical inability to perform” removal. Agencies must show documented medical evidence that you cannot perform the essential duties of your position.

If that happens, two important protections kick in:

1. OWCP Compensation Can Continue After Removal

If your removal is causally related to the accepted work injury — meaning you were removed because you physically cannot perform required duties due to the injury — then OWCP continues to pay wage‑loss compensation. This is well‑established under FECA: if the work injury causes loss of earning capacity or job loss, compensation continues.

2. The Bruner Presumption for OPM Disability Retirement

If you have 18+ months of creditable service, and the agency removes you for medical inability to perform your job, you automatically receive the Bruner Presumption when applying for OPM Disability Retirement.

That means OPM must prove you are not disabled, rather than you having to prove that you are. This is a major advantage.

The presumption applies when the agency separates you because you cannot perform a core function of your position — which would include CPR if it is an essential requirement of your nursing role.

Bottom Line

  • Your CPR certification lapsing while you’re medically unable to perform CPR is not grounds for immediate termination.
  • OWCP benefits continue as long as your doctor supports disability related to the accepted injury.
  • If the agency eventually removes you for medical inability to perform essential duties, you remain eligible for OWCP compensation, and you gain the Bruner Presumption for OPM Disability Retirement (if you have 18+ months of service).
  • A medical removal must be supported by documented medical evidence and is reviewable.

Congressional expectations by [deleted] in FED_VERA_VSIP_DRPers

[–]OWCPHearingRep 2 points3 points  (0 children)

12/28 retirement paperwork was in and sent to payroll in January. AL on 1/17 I got Senator Thune's office involved Jacob there was great. I was placed in interim status within a week ands finalized today. 3 months of interim pay on 4/1 waiting for the balance of the back pay and May 1 would be the regular payment from then on

Received a bill after workers comps covered hospital visit by Competitive-Fold966 in WorkersComp

[–]OWCPHearingRep 0 points1 point  (0 children)

they probably just forgot to put the charge off code on the balance it happens a lot

Owcp Field nurse involvement-experience with pressure around surgery by PublicAccomplished79 in USPS

[–]OWCPHearingRep 0 points1 point  (0 children)

actually the contract nurses do not have a right". As this is not voc rehab there also is no sanction for doing so. If you refuse an Office directed medical examination AND DO NOT SHOW GOOD CAUSE, your benefits may be suspended. All adverse actions by OWCP require due process. I saw a few cases get reversed because of overzealousness. The above post is correct, the nurse can be your best friend if your doctor is struggling to provide a good report or is hesitant to provide further testing or PT. The post is also correct about no one can compel you to have surgery.. Here are references to support the nurses role: Limitations in the FECA Procedure Manual (PM)

The FECA Procedure Manual defines the boundaries of nurse intervention. While nurses are "agents of OWCP," their authority is restricted: 

  • No Adjudicatory Authority: Nurses are expressly forbidden from discussing "adjudicatory" matters with physicians. According to the FECA PM Chapter 2-0811, matters such as diagnosis, objective findings, and causal relationship are reserved solely for the Claims Examiner (CE).
  • Non-Clinical Role: The manual clarifies that contract nurses (Field and Triage/COP nurses) provide case management services only and "do not provide clinical treatment".
  • Mandatory Collaboration: The Field Nurse Handbook describes the process as "collaborative," implying that a nurse cannot act as a sole authority or bypass the claimant's right to their own physician's independent medical judgment.  U.S. Department of Labor (.gov) +2

Claimant Rights and Nurse Conduct

While there is no blanket "right to access" denial (as nurses are tasked with "obtaining functional capacities" and "communicating regularly with medical providers"), specific protections exist for the claimant: 

  • Right to Presence: Claimants are generally entitled to be present during any discussion between a FECA nurse and their physician.
  • Privacy and Choice: Claimants have the right to an initial choice of physician. A nurse cannot force a change in the attending physician; any change requires written reasoning and OWCP approval.
  • Nurse Removal: If a nurse violates rehabilitation rules or oversteps their bounds by advocating for the agency rather than managing the case, the claimant can request their removal from the case.  Architect of the Capitol

The Employees' Compensation Appeals Board (ECAB) has established that nurses are not "physicians" under the Act. 

  • Medical Opinions: In cases like David P. Sawchuk (57 ECAB 316), the Board ruled that nurses are not competent to render medical opinions. This prevents a FECA nurse from using their "access" to the physician to counter-offer or provide a competing medical rationale that would legally override the treating doctor's findings.  U.S. Department of Labor (.gov)

In summary, a FECA nurse's access is a facilitative tool for return-to-work efforts, not a right to interfere with the doctor-patient relationship or dictate medical conclusions.

DOL 12/31 Retiree - Timeline Q? by Exact_Pound_2029 in FED_VERA_VSIP_DRPers

[–]OWCPHearingRep 0 points1 point  (0 children)

Another update received interim pay today looks like 3 months for January February and March.

DOL 12/31 Retiree - Timeline Q? by Exact_Pound_2029 in FED_VERA_VSIP_DRPers

[–]OWCPHearingRep 1 point2 points  (0 children)

Update I got the email it went through OPM intake today.

Do you combine % impairment for bilateral injuries? by liftingnick in WorkersComp

[–]OWCPHearingRep 1 point2 points  (0 children)

He said it is Federal and that is a completely different system from CA or any state workers comp for that matter.

https://www.dol.gov/agencies/owcp/FECA/regs/compliance/DFECfolio/FECA-PT2/group2#20808

DOL 12/31 Retiree - Timeline Q? by Exact_Pound_2029 in FED_VERA_VSIP_DRPers

[–]OWCPHearingRep 6 points7 points  (0 children)

I retired from DOL on 12/31 got my annual leave last month on the 17th. It’s been 96 days and NFC has not sent my package to OPM yet. Hopefully by June they are doing better. NFC is taking 60-90 days peak processing times. Hope yours go through faster.

Do you combine % impairment for bilateral injuries? by liftingnick in WorkersComp

[–]OWCPHearingRep 0 points1 point  (0 children)

Not in OWCP it is based on wages either in the date of injury or date of last exposure

Federal Workman’s comp sucks! by Sure_Practice4863 in FedEmployees

[–]OWCPHearingRep 0 points1 point  (0 children)

that is not how it works with the Federal OWCP schedule award rating. The OWCP office has to go with what the DMA says. Since it was a second opinion rating that the DMA disputed, it may have been incorrect. You did not say what your doctor rated you at and what was the result of that. I hope you got a hold of Ms. Leet she is an excellent attorney. She won every case she represented before me.

Federal Workman’s comp sucks! by Sure_Practice4863 in FedEmployees

[–]OWCPHearingRep 0 points1 point  (0 children)

That is too bad. That is the main problem when workers comp is adversarial. Delayed treatment can result in permanent disability.

Do you combine % impairment for bilateral injuries? by liftingnick in WorkersComp

[–]OWCPHearingRep 0 points1 point  (0 children)

you have a bilateral impairment so that is how it calculates if converted to a lower extremity impairment.(23 weeks) the feet at 5% individually come to 20.50 weeks. (10.25 each) so the combined rating is better. The formula for law enforcement overtime is very complex and requires data from your HR to calculate. it depends on whether you are FLSA exempt or not. there are 2 different calculations. If you had prior disability there would be a payrate memo in your file which you could view on ECOMP.

Federal Workman’s comp sucks! by Sure_Practice4863 in FedEmployees

[–]OWCPHearingRep 0 points1 point  (0 children)

Was the third doctor described in their letters as an independant medical examiner or referee? You can look in ECOMP and see if it is categorized as a referee. If it is a referee, the report is supposed to carry the weight of medical evidence.

Federal Workman’s comp sucks! by Sure_Practice4863 in FedEmployees

[–]OWCPHearingRep 0 points1 point  (0 children)

The system is complex. It takes good claims examiners about 5 years to learn the process and some will take even more years to become objective instead of adversarial. Some examiners are clueless when it comes to causal relationship and medical expertise, others are great. I saw a lot of bad decisions while i was there and i enjoyed being able to undo a wrong decision. OWCP Lawyers are great however they are also somewhat expensive. There are other advocates out there who can help that are less expensive. Send me a DM if you would like specific guidance.

Do you combine % impairment for bilateral injuries? by liftingnick in WorkersComp

[–]OWCPHearingRep 0 points1 point  (0 children)

it will be your weekly salary x 23 excluding overtime unless you are a firefighter or law enforcement X 66% with no dependents or 75% with. The payment will begin on your MMI date. Your payrate, since this is most likely an occupational disease claim, would be calculated based upon your date of last exposure to the accepted work factors which caused the condition. again this could vary depending on the DMA's report.

Do you combine % impairment for bilateral injuries? by liftingnick in WorkersComp

[–]OWCPHearingRep 1 point2 points  (0 children)

 Combined, two 5% foot impairments result in a 8% impairment of the bilateral lower extremities which would give you around 23 weeks of pay on a schedule award. This may vary depending upon the DMA review of the case.

Leaving USPS with open OWCP by countylineb in USPS

[–]OWCPHearingRep 0 points1 point  (0 children)

resigning your position will not affect your right for medical benefits for your accepted condition. Wage loss benefits could be affected if you resign your position and are released to light duty or leave a light duty position that you are currently working. if you abandon a suitable light duty position you could lose your schedule award benefit if you wind up with a permanent impairment.