Archive for July, 2012

Schedule Award Success Story

Friday, July 27th, 2012 by

D. began suffering from hip pain and weakness while working as a letter carrier and distribution clerk for the United States Postal Service.  He visited his physician and was told that his job duties, which required prolonged walking, pushing, pulling, and standing, had aggravated his pre-existing arthritis in his hip.  D. completed an OWCP CA-2 form and submitted it along with the opinion from his doctor.  OWCP reviewed the medical documentation he submitted with his CA-2 and accepted his claim for a permanent aggravation of arthritis in his hip.

D. suffered from increased pain in his hip, which limited his ability to walk and participate in other normal activities involving his legs.  He eventually underwent a total hip replacement.  This procedure replaced his arthritic hip joint with prosthetic hardware, significantly reducing his pain and difficulty walking.  D. continued to work for the postal service in a limited duty capacity, within the limits of the medical restrictions placed on him by his physician.

Upon his retirement, he contacted our firm and Harris Federal Law Firm was able to secure him a schedule award for his work related hip condition.  The schedule award compensated him for the percentage of permanent impairment he suffered in his hip as a result of his work related injury.

-Harris Federal Law Firm

Federal Workers Compensation: Choosing Your Doctors

Friday, July 13th, 2012 by

Federal employees who have been injured at work know federal workers compensation can be a complicated process with many do’s and don’ts. After an on the job injury occurs, the injured federal employee does have the right to choose the physician of his or her choice to perform their physical evaluation. As imagined, choosing the right doctor is very important for the acceptance of your federal workers compensation claim.

Once a physician has been selected and an evaluation completed, forms must be filed with the injured worker’s employing agency to determine eligibility to receive benefits. If the medical evidence is supportive of a work-related injury causing a disability then that federal worker is eligible to receive Continuation of Pay when absent due to the disability. Form CA-20, the Attending Physician’s Report, is used to document the employee’s condition.

In general, the federal agency must continue to pay COP once it has begun, however, there are exceptions. If the employee does not provide their employing agency with medical evidence of a disabling traumatic injury within 10 days of claiming COP, or if the federal employee’s doctor finds the individual to be partially disabled and they refuse or fail to respond to a suitable job offer, then COP will not continue. In addition, should the injured worker’s scheduled period of employment end, provided that the employment period or termination date occurs before the injury date, then the employing agency has the right to terminate COP.

The employing agency is not permitted to disrupt COP even if disciplinary action has been taken against the employee. This is the case unless termination, in writing, or another action was issued prior to the occurrence of injury and the termination became final during COP.

Keep this information in mind when filing your claim and be sure to gather your medical evidence promptly. We suggest you find assistance early in the process to avoid future problems and hiccups.

-Harris Federal Law Firm