Written by longtime OWCP expert Lenny Perez, the book provides a detailed guide to understanding and navigating the maze of federal workers compensation complexities, confusion and conundrums so that the injured federal employee can learn what needs to be done to file and win a federal workers’ comp claim. The book is based on the author’s thirty-plus years of first-hand experience helping federal employees hurt on the job file workers’ compensation claims and get the medical care and compensation they are entitled to under the Federal Employees Compensation Act (FECA).

“Federal Workers Compensation Made Easy” is a helpful guide for workers facing the daunting task of dealing with not only their work-related injuries but an unfriendly, adversarial bureaucracy bent on putting obstacles within their path.

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There are many benefits that the federal employee is entitled to after being hurt on the job  but no one is going to tell him/her ALL of the benefits that he/she can receive. First of all you are entitled to reimbursement of all the medical bills for your injury including all doctor bills, and medication which are obtained relating to your injury. Whether one files a CA-1, CA-2, or a CA-2A form, you are entitled to certain benefits which we will go over in this article.

Penalties that protect both the injured worker as well as the employer do apply when you file a claim. Under penalty of law, you must claim that the injury the claim is being filed for was sustained in the performance of duty as an employee of the United States Government, and that it was not caused by any willful misconduct, intent to injure oneself or another person, nor by any employee intoxication. This is to protect the employer from the filing of false claims. Any person who knowingly makes any false statement, misrepresentation, concealment of fact or any other act of fraud to obtain compensation as provided by the Federal Employees Compensation Act (FECA), or who knowingly accepts compensation to which that person is not entitled is subject to civil or administrative remedies, as well as felony criminal prosecution and may, under appropriate criminal provisions, be punished by a fine, imprisonment, or both. A supervisor who knowingly certifies to any false statement, misrepresentation, concealment of fact, etc., in respect of such a claim may also be subject to appropriate felony criminal prosecution.

When filing a claim the supervisor has the obligation of informing the claimant that the injured worker has the right to pick the medical provider of that employee’s choice. The agency is not to have contact with the medical provider. The only contact that the agency can have is either in writing or by fax but they are also responsible for providing the employee or the employee’s representative the questions asked of the medical provider.

No employer or other person may require an employee or other claimant to enter into any agreement, either before or after an injury or death, to waive his or her right to claim compensation under the  Federal Employees Compensation Act (FECA). No waiver of compensation rights shall be valid.

Any management official who knowingly files a false statement pertaining to an injured claim or does anything to prohibit an employee from filing a workers compensation claim, or prohibits an employee from receiving any benefits to which the employee is entitled to, is punishable by prison, or fine, or both.

The first benefit for the injured worker is that it is the employee who is entitled to choose the medical provider. It is the employee’s choice not the agency’s choice, and it is the employee’s supervisor’s responsibility to fully explain this right to the employee. If the employee is not given this right, he/she should file a grievance immediately. If the employee is sent for emergency treatment to the agency’s chosen medical provider, the employee still has the right to choose his/her own medical provider. However, if the employee continues to see the agency’s chosen provider for over three visits then the department of labor will then determine that agency medical provider as the employee’s choice.

If the injury is a CA-1 injury claim for a traumatic injury (see article about CA-1 Traumatic Injury ) that occurs during the employee’s tour of duty then the employee certainly should file for Continuation of Pay (COP) which means that the agency is required to pay the injured employee 100% of the employee’s pay for the first 45 calendar days of the injury (see article on continuation of pay COP).

For example, let’s say that the injury happens on March 1^st.  The first day of continuance of pay (COP) begins on March 2^nd since the day you are injured March 1st is covered under administrative leave. The 45 calendar days will be end on April 15^th. Now let’s say that March 1^st falls on a Tuesday and the injured employee’s pay for the lost work hours due to the injury are covered under administrative leave for the remainder of that initial day of the injury. March 2^nd would be therefore be the first day of COP. If the worker’s regular days off are Saturday and Sunday, this means that you will receive thirty three 33 days of 100% of your pay.

Now let’s say that you are off only on March 2^nd and March 3^rd, which fall on Wednesday and Thursday. You go back to work on Friday the 4^th so this means that you only used two days of your COP. Now on April 14^th you have surgery and you have to miss work after your surgery. A new 45 calendar days starts at that point as long as it begins before the end of the first 45 days ends. Now your new 45 days will end on May 26^th because you already received 2 days pay toward your COP continuation of pay. Had you not used any days off and started your 45 days before the end of the first 45 days then it would end on May 28^th. So you would receive an additional 31 days of COP. It is very important to remember those partial days that you are off, such as going to a doctor’s appointment for 2 hours, or going two hours for therapy, those days count as a whole day toward your COP.

Once the employee has made the choice of their medical provider then the following should apply. One should schedule doctors’ appointments, physical therapy, including all tests pertaining to the injury, during your normal working hours. The reason for this is that you got injured on the job and you should not lose your off time or your days off to your doctors’ appointments or physical therapy. One is entitled to lost wages for obtaining treatment for your injuries. If you schedule your appointments on your days off, or after your normal work hours then you cannot be compensated for your lost time due to your injuries.  To obtain your lost time while receiving your medical treatment you should file a CA-7 Claim for Compensation form for your lost wages. The Department of Labor will then reimburse you at either 66.66% of your lost wages if you do not have a dependent or at 75% if you have a dependent. Remember that if you have a spouse who is considered a dependent these wages are tax free, which reduces the employee’s yearly wages and causes the employee taxable income to be reduced.

Sec. 8112 Maximum and minimum

Monthly payments

(a) Except as provided by section 8138 of this title,

The monthly rate of compensation for disability,

Including augmented compensation under section

8110 of this title but not including additional

compensation under section 8111 of this title, may

not be more than 75 percent of the monthly pay of

the maximum rate of basic pay for GS-15, and in case

of total disability may not be less than 75 percent of

the monthly pay of the minimum rate of basic pay for

GS-2 or the amount of the monthly pay of the employee,

whichever is less.

(b) The provisions of subsection (a) shall not apply to

any employee whose disability is a result of an

assault which occurs during an assassination or

attempted assassination of a Federal Official

described under section 351(a) or 751(a) of title 18,

and was sustained in the performance of duty.

The next benefit you are entitled to is reimbursement for your travel mileage to and from any doctor’s visits, medical appointments, physical therapy treatments, or any medical or physical tests that are related to your on-the-job injuries. The mileage is also reimbursed to you for trips to the pharmacy to obtain any medications which are related to your injury. In order to receive the mileage that you are entitled to you must submit your request by using form OWCP 915 Medical Reimbursement Form. One should also be aware that you can only file for your mileage up to one year from the date the travel occurred. We at Federal Workers’ Compensation Consultants and Disability Retirement Specialists remind our clients to file their travel vouchers each June and December so that they are never endangered of losing this reimbursement benefit. Remember, one can obtain form OWCP 915 Medical Reimbursement Form or any other OWCP form that one might need on our web site at

http://federal-workers-comp.com/owcp-workers-compensation-forms/.

The workplace injury also can lead to the employee receiving a schedule award (see our article about Schedule Awards). For example, let’s say that the injury was to your right knee. Then you could be entitled to receive a monetary award for the loss of use of that member. Remember that while there is no schedule award for on-the-job injuries to the spine, the heart, or the brain, if the spinal, heart, or brain injuries sustained on the job cause problems with other parts of the body that are named in the list of schedule awards, then the injured worker can file for a schedule award based on the covered body member that is affected by the workplace injuries to the spine, heart, or brain.

Another benefit the injured worker can receive is payments for hiring daily help with every day chores if the on-the-job injury causes the employee to have need to pay some other person to handle those normal living duties that were once performed by the injured employee but (because of the workplace injury) can no longer perform those daily chores.

Sec. 8111 Additional compensation for

services of attendants or vocational rehabilitation.

(a) The Secretary of Labor may pay an employee

who has been awarded compensation an additional

sum of not more than $1,500 a month, as the

Secretary considers necessary, when the Secretary

finds that the service of an attendant is necessary

constantly because the employee is totally blind, or

has lost the use of both hands or both feet, or is

paralyzed and unable to walk, or because of other

disability resulting from the injury making him so

helpless as to require constant attendance.

(b) The Secretary may pay an individual undergoing

vocational rehabilitation under section 8104 of this

title additional compensation necessary for his

maintenance, but not to exceed $200 a month.

Then injured employee could also be entitled to vocational

rehabilitation Sec. 8104 Vocational rehabilitation

(a) The Secretary of Labor may direct a permanently

disabled individual whose disability is compensable

under this subchapter to undergo vocational

rehabilitation. The Secretary shall provide for

furnishing the vocational rehabilitation services. In

providing for these services, the Secretary, insofar as

practicable, shall use the services or facilities of State

agencies and corresponding agencies which

cooperate with the Secretary of Health, Education,

and Welfare in carrying out the purposes of chapter 4

of title 29, except to the extent that the Secretary of

Labor provides for furnishing these services under

section 8103 of this title. The cost of providing these

services to individuals undergoing vocational

rehabilitation under this section shall be paid from

the Employees’ Compensation

Fund. However, in reimbursing a State or

corresponding agency under an arrangement pursuant

to this section the cost to the agency reimbursable in

full under section 32(b)(1) of title 29 is excluded.

(b) Notwithstanding section 8106, individuals

directed to undergo vocational rehabilitation by the

Secretary shall, while undergoing such rehabilitation,

receive compensation at the rate provided in sections

8105 and 8110 of this title, less the amount of any

earnings received from remunerative employment,

other than employment undertaken pursuant to such

rehabilitation.

If death occurs to the injured employee due to his on the job injury then the following benefits will be paid:

Sec. 8133 Compensation in case of death

(a) If death results from an injury sustained in the

performance of duty, the United States shall pay a

monthly compensation equal to a percentage of the

monthly pay of the deceased employee in accordance

with the following schedule:

(1) To the widow or widower, if there is no

child, 50 percent.

(2)To the widow or widower, if there is a

child, 45 percent and in addition 15 percent

for each child not to exceed a total of 75

percent for the widow or widower and

children.

(3)To the children, if there is no widow or

widower, 40 percent for one child and 15

percent additional for each additional child

not to exceed a total of 75 percent, divided

among the children share and share alike.

(4)To the parents, if there is no widow,

widower, or child, as follows -

(A) 25 percent if one parent was

wholly dependent on the employee

at the time of death and the other

was not dependent to any extent;

(B) 20 percent to each if both were

wholly dependent; or

(C) a proportionate amount in the

discretion of the Secretary of Labor

if one or both were partly

dependent. If there is a widow,

widower, or child, so much of the

percentages are payable as, when

added to the total percentages

payable to the widow, widower,

and children, will not exceed a total

of 75 percent.

(5)To the brothers, sisters, grandparents, and

grandchildren, if there is no widow,

widower, child, or dependent parent, as

follows -

(A) 20 percent if one was wholly

dependent on the employee at the

time of death;

(B) 30 percent if more than one

was wholly dependent, divided

among the dependents share and

share alike; or

(C) 10 percent if no one is wholly

dependent but one or more is partly

dependent, divided among the

dependents share and share alike. If

there is a widow, widower, child,

or dependent parent, so much of

the percentages are payable as,

when added to the total percentages

payable to the widow, widower,

children, and dependent parents,

will not exceed a total of 75

percent.

(b) The compensation payable under subsection (a)

of this section is paid from the time of death until;

(1) a widow, or widower dies or remarries

before reaching age 55; if the marriage occurs after

55 years of age then the compensation paid does not end.

(2) a child, a brother, a sister, or a

grandchild dies, marries, or becomes 18

years of age, or if over age 18 and incapable

of self-support becomes capable of self-support;

or

(3) a parent or grandparent dies, marries, or

ceases to be dependent. Notwithstanding

paragraph (2) of this subsection,

compensation payable to or for a child, a

brother or sister, or grandchild that would

otherwise end because the child, brother or

sister, or grandchild has reached 18 years of

age shall continue if he is a student as

defined by section 8101 of this title at the

time he reaches 18 years of age for so long

as he continues to be such a student or until

he marries. A widow or widower who has

entitlements to benefits under this title

derived from more than one husband or wife

shall elect one entitlement to be utilized.

(c) On the cessation of compensation under this

section to or on account of an individual, the

compensation of the remaining individuals entitled to

compensation for the unexpired part of the period

during which their compensation is payable, is that

which they would have received if they had been the

only individuals entitled to compensation at the time

of the death of the employee.

(d) When there are two or more classes of individuals

entitled to compensation under this section and the

apportionment of compensation under this section

would result in injustice, the Secretary may modify

the apportionment to meet the requirements of the

case.

(e) In computing compensation under this section,

the monthly pay is deemed not less than the

minimum rate of basic pay for GS-2.However, the

total monthly compensation may not exceed -

(1) the monthly pay computed under section

8114 of this title, except for increases

authorized by section 8146a of this title; or

(2) 75 percent of the monthly pay of the

maximum rate of basic pay for GS-15.

(f) Notwithstanding any funeral and burial expenses

paid under section 8134, there shall be paid a sum of

$200 to the personal representative of a deceased

employee within the meaning of section 8101(1) of

this title for reimbursement of the costs of

termination of the decedent’s status as an employee of

the United States.

Sec. 8134 Funeral expenses; transportation

of body

(a) If death results from an injury sustained in the

performance of duty, the United States shall pay, to

the personal representative of the deceased or

otherwise, funeral and burial expenses not to exceed

$800, in the discretion of the Secretary of Labor.

(b) The body of an employee whose home is in the

United States, in the discretion of the Secretary, may

be embalmed and transported in a hermetically sealed

casket to his home or last place of residence at the

expense of the Employees’ Compensation Fund if :

(1) the employee dies from -

(A) the injury while away from his

home or official station or outside

the United States; or

(B) from other causes while away

from his home or official station

for the purpose of receiving

medical or other services,

appliances, supplies, or

examination under this subchapter;

and

(2) The relatives of the employee request the

return of his body. If the relatives do not

request the return of the body of the

Employee, the Secretary may provide for its

disposition and incur and pay from the

Employees’ Compensation Fund the

necessary and reasonable transportation,

funeral, and burial expenses.

Finally, any injury which occurs while receiving medical treatment is covered under the Federal Employees Compensation Act (FECA). If, while being examined, you fall off the table and injure yourself this is a new claim. If you, while traveling to and from your visits for your doctor’s appointments, or for physical therapy sessions, are involved in a traffic accident, any injuries that you suffer are covered by the Federal Employees Compensation Act (FECA). If any medication that one is taking for an on-the-job injury causes damage to other parts of the body, these are covered by the Federal Employees Compensation Act.

These benefits can be received by the injured employee for as long as it is medically necessary, even if it lasts for the rest of his/her life.

Call Federal Workers Compensation Consultants today for a free initial consultation at 1-877-915-1271

Federal Workers Compensation Consultants

Workers Compensation and Disability Retirement Specialists

9639 N. Armenia Avenue

Tampa, Florida 33612

Telephone 1-877-915-1271

813-931-1984

Fax 813-931-4905

bill.hackney@verizon.net

lenny.perez@verizon.net

vivi.perez@verizon.net

http://www.federal-workers-comp.com

Permission is granted to publish this article in print or online as long as the article is published in it’s entirety without changes and with the author’s contact information and URL hyperlinks included.

To view a printable version of this article, click here

A Federal Compensation Representative: Why You Need One and How to Choose One

by L. Perez

One of the most important questions I am often asked is: “Why do I need a representative?” First, you have to remember Abraham Lincoln’s quote: “He who represents himself has a fool for a client.” This statement was true when President Lincoln made it, and is even truer today. Even if you are very knowledgeable in the field in which you are representing yourself, when you represent yourself, everything becomes personal, you can very easily lose sight of what you are doing, and you can become very emotional about what the other person is saying to or about you. I always like to use baseball players as a great example of becoming too emotional. Let’s say another second baseman gets twice the money you get for the same position. You argue that you should make the same amount of money that the other guy is making, and the representative for your ball club says that he gets more because he is better than you are. You would probably never want to play for that person again.

In Federal Workers’ Compensation cases, the claims examiner is trying his or her best to pay you the least money they can, and they are trying their best to deny your claim. When you represent yourself, you have no idea what your claim is worth or what you need to win a claim. A representative who has done thousands of claims over the years can make sure your claim is not only won, but also that you receive a fair settlement (including all the benefits to which you are entitled).

Many times, going to a hearing without a representative and saying the wrong thing can significantly delay the winning of your claim. I have had people who represented themselves for two or three years finally come to my office for help and ask how long it will take me to win their claims. I always ask them how long it took for them to mess up their claim. Then I always add, that’s how long it will take me to correct the claim and win. Hopefully, it will not take us quite as long to win the claim.

The most important part of being represented is your representative who, after doing thousands of cases, knows how much your claim is worth and what is needed to win that type of claim. If you have never settled an injury compensation claim with the federal government, how are you supposed to know how much your claim is worth, or what you are entitled to in your claim?

Remember, the federal government is self-insured and all the monies or benefits to which you are entitled will be paid to you by the Department of Labor, and then the agency that you work for. The agency has to reimburse the Department of Labor all the monies and benefits that you receive, so those monies come right out of your agency’s budget. Now, if you were in charge of your agency, would you tell your employees just how much they are entitled to when it is going to affect your budget? You probably can answer that question yourself.

Questions you should ask a prospective representative about federal workers compensation:

1. How many federal workers compensation cases have you handled?

2. At what levels have you handled these cases?

3. At which level have most of your cases been won?

4. What are the different levels of appeals in federal workers compensation claims?

5. Explain to me what a schedule of award means and when one is entitled to a schedule?

6. What is the difference between a CA1 and a CA2 injury and which one do you think is best for my case?

7. Where is a medical facility in this area that handles federal workers compensation claims?

8. When and how often will I hear from your office?

9. How long will it take you to win my claim?
10. What federal agencies have you dealt with in handling compensation claims?

How should you choose a representative to handle your workers compensation claim? There are many questions you should ask of the person that you want to hire to represent you. The first question should be: How many federal workers compensation claims has the person handled? Then you would certainly want to know how many cases has the person won, and at what level they were won. A person could have won cases at the initial part when the cases are first presented to the Department of Labor. It’s important to know how many cases the person has handled at the hearing and review level, and how many cases he or she has won at this level.

Ask how many cases the person has handled at the reconsideration level, and how many cases were won at this level. Ask how many cases were handled at the Employees Compensation Appeals Board (ECAB) level. Find out if the person even knows what ECAB stands for, and how many wins he or she has had at this level. Finally, ask the person what happens if you lose your ECAB appeal. If he or she tells you it is a final decision, then look for another representative, because after an ECAB decision you still have up to one year to produce new medical evidence and ask for a motion to reconsider your case.

Now it is also very important to find out just what your representative is going to charge you to handle your case from start to finish. The first thing that you are going to ask is: Is there a retainer involved for him or her to start working on your case? If yes, you should immediately ask what that retainer will cover. I have heard of retainers from as low as two hundred and twenty five dollars to as high as one thousand five hundred dollars, two thousand five hundred dollars, and even as high as ten thousand dollars. The question that you then have to ask is: Is that retainer the whole cost of my claim from start to finish?

The sad part is that when you do not ask these questions, after paying the retainer, you all too often find that the retainer was just the start. You may be billed further at from two hundred and ninety five dollars an hour to three hundred and ninety five dollars an hour, and even higher hourly fees. This means that after the representative has worked on your case for ten hours, your retainer is not only gone, but you now are going to be billed every month for the additional hours worked in that month. In addition to that, there may be a fee of up to twenty five percent of all monies recovered for back pay, as well as any schedule of awards to which you are entitled.

Questions you should ask about the charges involved in handling your claim:

1. How many federal workers compensation claims have you handled?
2. How many cases have you won and at what level were they won?

3. How much would you charge to handle my case?

4. If you charge a retainer, how much is the retainer?

5. What does the retainer cover, and when would it be used up? Do you then charge me an hourly fee?

6. Do you charge an hourly fee and how much do you charge per hour?

7. What is the percentage that you charge for any back pay or schedule which I may receive?

8. When I need to talk to you how often can I expect you to return my calls?

9. Do you charge an hourly rate every time you talk to me?

10. Do you charge me at an hourly rate every time I call your office?

It pays to shop well for a Federal Workers’ Compensation representative. There are some federal compensation reps that do not charge hourly fees, who instead charge only ten per cent of any back pay or schedule awards monies recovered.  So do not despair. You can find good representation if you ask the proper questions and shop until you find the right representative, one who knows the federal workers compensation process, and one who wants you to get the most for your claim.

Call Federal Workers Compensation Consultants today for a free initial consultation at 1-877-915-1271

Federal Workers Compensation Consultants

Workers Compensation and Disability Retirement Specialists

9639 N. Armenia Avenue

Tampa, Florida 33612

Telephone 1-877-915-1271

813-931-1984

Fax 813-931-4905

bill.hackney@verizon.net

lenny.perez@verizon.net

vivi.perez@verizon.net

http://www.federal-workers-comp.com

Permission is granted to publish this article in print or online as long as the article is published in it’s entirety without changes and with the author’s contact information and URL hyperlinks included.

To view a printable version of this article, click here

Case History 2: A female employee of the U.S. Postal Service had a motor vehicle accident while vacationing with her family, causing severe injuries to her right shoulder; after having surgery to her right shoulder, the employee returned to her employment on a light duty status. Upon returning to work the employee started to have problems with her left shoulder because she was right handed and was over compensating with her left arm. The employee filed a CA-2 form and the claim was accepted. She then filed a CA-2 form claiming that the job also caused a permanent aggravation to her right shoulder, and this claim was also accepted. The employee is currently in the process of having both her upper extremities rated by the physician of her choice and will be filing a CA-7 form to collect her schedule of awards.

Case History 3: While delivering the mail on 1-12-08, another vehicle ran into the postal vehicle. This happened at the corner of Peachtree Street and Noble Ave. It was around 11 am. I was attempting to deliver the mail to 1313 Peachtree Street. This house is on the corner of Peachtree and Noble, the mail box is on the curb. I hurt my lower back and both of my lower extremities.

Case History 4: In this case the employee was a Federal Marshall working at the federal courthouse transporting federal prisoners to and from the courtrooms. This courthouse is located at one Anywhere Street in Any Town USA. On the morning of July 8th 2002 while transporting inmates to and from the lockups to the courtrooms, a fight broke out in lockup 308 on the 3rd floor between two inmates. While I was trying to separate the two inmates we all fell to the ground where and I injured my right knee, lower back, neck and both arms.

Case History 5: While working at the V.A. Hospital located at 1514 Hale Street Lexington, KY, I needed to transport a patient from the 8th floor of the main building. The patient was assigned to room 812, bed B and needed to be taken to the X-ray department which is located on the second floor of the hospital. The patient was a very large person weighing in excess of 400 pounds and I was pushing the wheel chair in order to transport this patient. As I pushed the wheel chair I strained my lower back and twisted my left knee.

Case History 6: While working at Tampa International Airport (TIA) located at 2700 Spruce Street Tampa, FL, I was inspecting baggage as it came off the conveyer belt. The conveyer belt is located on the 2nd floor and is called belt 2 of F Wing. As I picked up this very heavy bag which weighed about 55 pounds, I felt a pop in my lower back. The pain radiated down both my legs.

Case History 7: The letter carrier had numerous lower back injuries over the 14 years employment. When the letter carrier reported to work the pain level in the lower back was at about a 2 to 3 on a scale from 1 to 10. On this scale, 1 is the least pain and 10 is the worst. The letter carrier was performing the regular duties of the delivery route of 630 deliveries of which 275 were deliveries that required dismounting and walking some 50 to 60 feet. This also included going up and down as many as 200 stairs per day. On the day that the incident happened, the carrier also delivered about 30 packages weighing from less than five pounds up to 20 pounds. When the carrier finished the route, the pain level had increased from 2 to 3 to 8 to 9, and went down the right extremity. The agency tried to tell the carrier to file a CA-2 form since the carrier could not pinpoint the exact time of injury, and because of the numerous back injuries to the same part of the carrier’s lower back. The carrier insisted that it was a new injury and demanded to file a CA-1 instead of the CA-2 form. Upon the union representative getting involved, the human resource office gave the carrier the CA-1 form, and then controverted the claim on the grounds that the carrier had the previous injuries and could not inform them of when and where the injury happened. This case was accepted by the department of labor and became a new claim.

Case History 8: This case involves a correctional officer who begins her shift at 12 pm and ends at 8 am. During the course of her duties she is required to go up and down the steps of each building several times per shift to count the inmates and make sure they are all accounted for. During the course of one shift, she climbs over 300 steps and has to unlock more than 100 doors each night. At the end of her duties, she has pain in her right knee as well as pain in her right shoulder radiating down her arm. The agency strongly recommended that she file a CA-2 but the correctional officer demanded to file a traumatic injury on a CA-1 form and received rights to continuation of her pay (COP). The agency demanded that she be seen by medical providers at her facility where the employee worked but she refused and went to the physician of her choice. The agency tried to stop the employee from collecting the continuation of her pay on the grounds that she refused the medical treatment from the agency’s medical provider. It is very important to note that under the Federal Employees Compensation Act (FECA) an employee is guaranteed the right to a free choice of physician. The agency’s medical officer’s or contract physician’s evaluation or treatment is not required before the employee makes an initial choice of physician. An employee’s declination in such cases may not be the basis to discontinue the employee’s pay or will not be grounds to controvert the claim.

Call Federal Workers Compensation Consultants today for a free initial consultation at 1-877-915-1271

Federal Workers Compensation Consultants

Workers Compensation and Disability Retirement Specialists

9639 N. Armenia Avenue
Tampa, Florida 33612

Telephone 1-877-915-1271
813-931-1984
Fax 813-931-4905

bill.hackney@verizon.net

lenny.perez@verizon.net

vivi.perez@verizon.net

http://www.federal-workers-comp.com

Division of Federal Employees’ Compensation (DFEC)

The Federal Employees’ Compensation Act provides workers’ compensation coverage to three million Federal and Postal workers around the world for employment-related injuries and occupational diseases. Benefits include wage replacement, payment for medical care, and where necessary, medical and vocational rehabilitation assistance in returning to work. The program has 12 district offices nationwide.

The Division of Federal Employees’ Compensation adjudicates new claims for benefits and manages ongoing cases; pays medical expenses and compensation benefits to injured workers and survivors; and helps injured employees return to work when they are medically able to do so.

In FY 2010, 127,526 new cases were created. The program provided $2.86 billion in benefits to approximately 251,000 workers and survivors for work-related injuries or illnesses. Of these benefit payments, over $1.8 billion was for wage-loss compensation, $913 million for medical and rehabilitation services, and $138 million for death benefit payments to surviving dependents.

Division of Energy Employees Occupational Illness Compensation (DEEOIC)

The Energy Employees Occupational Illness Compensation Program (EEOICP) began on July 31, 2001 with the Department of Labor’s implementation of Part B; Part E implementation began on October 28, 2004. The mission of the program is to provide lump-sum compensation and health benefits to eligible Department of Energy nuclear weapons workers (including employees, former employees, contractors and subcontractors) and lump-sum compensation to certain survivors if the worker is deceased. When you apply for either Part B and/or Part E, they will collect medical, employment, and other information from you and make a decision about whether or not you qualify for compensation and benefits.

Division of Longshore and Harbor Workers’ Compensation (DLHWC)

The mission of DLHWC is to minimize the impact of employment injuries and deaths on employees and their families by ensuring that workers’ compensation benefits provided under the Longshore and Harbor Workers’ Compensation Act and it extensions (including the Defense Base Act) are paid promptly and properly, and providing information, technical and compliance assistance, support, and informal dispute resolution services to workers, employers, and insurers.

The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides employment-injury and occupational-disease protection to approximately 500,000 workers who are injured or contract occupational diseases occurring on the navigable waters of the United States, or in adjoining areas, and for certain other classes of workers covered by extensions of this Act.

These benefits are paid directly by an authorized self-insured employer; or through an authorized insurance carrier; or, in particular circumstances, by a Special Fund administered directly by the Division of Longshore Compensation.

In addition to longshore, harbor, and other maritime workers, LHWCA covers a variety of other employees through the following extensions to the Act: The District of Columbia Workmen’s Compensation Act (enacted in 1928 and repealed effective July 26, 1982); Defense Base Act (1941); Nonappropriated Fund Instrumentalities Act (1952); and the Outer Continental Shelf Lands Act (1953).

The Longshore Compensation Act provides over $747 million in monetary, medical and vocational rehabilitation benefits in more than 27,000 cases annually for maritime workers and various other special classes of private industry employees disabled or killed by employment injuries or occupational diseases. In addition the Longshore compensation program maintains over $2.8 billion in securities to ensure the continuing provision of benefits for these injured workers in cases of employer insolvency. Claimants depend upon timely receipt of these benefits to provide food, housing and a minimal standard of living for themselves and their families.

The Defense Base Act (DBA) provides workers’ compensation protection to civilian employees working outside the United States on US military bases or under a contract with the U.S. government for public works or for national defense.  The Defense Base Act was passed in 1942 amended later to cover overseas civilian workers on government contracts, whether US or foreign nationals.

Division of Coal Mine Workers’ Compensation (DCMWC)

The mission of the Division of Coal Mine Workers’ Compensation, or Federal Black Lung Program, is to administer claims filed under the Black Lung Benefits Act. The Act provides compensation to coal miners who are totally disabled by pneumoconiosis arising out of coal mine employment, and to survivors of coal miners whose deaths are attributable to the disease. The DCMWC administer benefits paid from the Black Lung Disability Trust Fund and by responsible coal mine operators under Part C of the Act, and benefits paid under Part B of the Act, to ensure that all payments are accurate and timely. In addition to monthly compensation, the DCMWC provide eligible miners with medical coverage for the treatment of lung diseases related to pneumoconiosis.  The DCMWC identify and work with coal mine operators and insurers so that liability for payment of benefits is properly assigned.

If you are an worker covered by OWCP under any of the worker groups and you have been injured on the job, contact us for assistance with your workers’ compensation claim at 1-877-915-1271 or 813-931-1984.

Federal Workers Compensation Consultants

Workers Compensation and Disability Retirement Specialists

9639 N. Armenia Avenue
Tampa, Florida 33612

Telephone 1-877-915-1271
813-931-1984
Fax 813-931-4905

bill.hackney@verizon.net

lenny.perez@verizon.net

vivi.perez@verizon.net

http://www.federal-workers-comp.com

Course 1 – Basic Workers’ Compensation Training

This course is designed to assist union stewards, union officers, the employing agency, and the claimant too. It is designed to help everyone in the process by giving them the knowledge they need to properly file their workers’ compensation claim. The first part of this course will give you an explanation of the CA forms, a brief history of the Federal Employees Compensation Act (FECA) and how it affects federal employees.

This outline is for the basic course:

1. CA-1
a. What is a traumatic injury
b. How to file for and receive continuation of pay (COP)
c. How and why the agency can controvert your claim
d. How to successfully defend your our controverted claim

2. CA-2
a. What is an occupational disease
b. How to file your claim

3. CA-2a
a. What is a recurrence
b. How and when you would file for a recurrence

4. CA-7
a. When and why you should complete this form
b. What is a schedule award
1. When should you submit for a schedule award

5. CA-7a & CA-7b
a. Leave buy back
b. When is it not feasible to buy back leave

6. CA-16
a. Authorization for medical treatment
b. When is it used

7. CA-17
a. Duty status report

8. Attending Physicians report

9. Agency history and how your injury affects their budget

10. Basic schedule award information

11. How injuries that happen off your work station may be covered

12. How injuries you may have had before you became a federal employee may be covered

13. Question and answer session

Course 2 – Advanced Workers’ Compensation Training

Our Advanced Workers’ Compensation Training Course advanced course is designed for those who have a good basic understanding of Federal Employees Compensation Act (FECA).
This course is designed to assist the employing agency, as well as the claimant. It is designed to help everyone in the process by giving them the knowledge they need to properly file their workers’ compensation claim and to prepare for hearings and appeals.

The first part of this course will give you a quick review of the basic workers compensation course. This course will give you the knowledge you need to prepare yourself for any claims or benefits you may be entitled to under FECA regulations.

1. Quick review of the basic course

2. Schedule Awards

3. Reconsiderations

4. Oral hearings and reviews of the written record

5. Appeals before the ECAB

6. FECA appellate rights

7. Earning capacity determinations

8. Fitness for duty examinations in FECA cases

9. Over deduction of health benefits premiums in FECA

10. Weighing medical Evidence

11. Continuation Of Pay (COP) when third party pays

12. OWCP’s early nurse intervention program

13. The premises rule

14. Rehabilitation under FECA

15. Question and answer session

To schedule training sessions, or to learn more, call Federal Workers Compensation Consultants at 1-877-915-1271, or 813-931-1984.

Download a printable copy of the Basic and Advanced Training Course outlines by clicking here.

Federal Workers Compensation Consultants

Workers Compensation and Disability Retirement Specialists

9639 N. Armenia Avenue
Tampa, Florida 33612

Telephone 1-877-915-1271
813-931-1984
Fax 813-931-4905

bill.hackney@verizon.net

lenny.perez@verizon.net

vivi.perez@verizon.net

http://www.federal-workers-comp.com

One of these options is the employee’s right to request and receive an Oral Hearing or Review of the Written Record. The Oral Hearing is a non-adversarial hearing with the employee, the employee’s representative, the hearing examiner and a professional transcriber present. The Oral Hearing gives the employee the opportunity to present additional facts and evidence for the examiner’s consideration and allows the claimant to further present his/her case before any final decision by the examiner and OWCP can be rendered.

Due to recent changes in OWCP policies and procedures, Oral Hearings may now be held via telephone, allowing the employee, the employee’s representative, and the other parties to conduct the hearing via conference call. This saves the employee and his/her representative the considerable expense of physical travel to the hearing location without having to sacrifice the benefits of having representation present during the Oral Hearing. Federal Workers Compensation Consultants are happy to offer experienced, professional, nationwide  representation of clients for Oral Hearings via telephone.

For more information on telephonic OWCP Oral Hearings, or to receive a free initial consultation, call Federal Workers Compensation Consultants at 1-877-915-1271 (or 813-931-1984).

Federal Workers Compensation Consultants

Workers Compensation and Disability Retirement Specialists

9639 N. Armenia Avenue
Tampa, Florida 33612

Telephone 1-877-915-1271
813-931-1984
Fax 813-931-4905

bill.hackney@verizon.net

lenny.perez@verizon.net

vivi.perez@verizon.net

http://www.federal-workers-comp.com

Call Federal Workers Compensation Consultants today for a free initial consultation at 1-877-915-1271

Federal Workers Compensation Consultants

Workers Compensation and Disability Retirement Specialists

9639 N. Armenia Avenue
Tampa, Florida 33612

Telephone 1-877-915-1271
813-931-1984
Fax 813-931-4905

bill.hackney@verizon.net

lenny.perez@verizon.net

vivi.perez@verizon.net

http://www.federal-workers-comp.com

by L. Perez
There are three forms of appeals that one can ask for when one’s case is denied.

1. Oral Hearings or Review of the Written Record

The provision for this appeal is found under 5USC.8128 (a) which states: “Before review (reconsideration). A claimant not satisfied with a decision of the Secretary of Labor OWCP) is entitled, on request made within thirty days after the date of the issuance of the decision, to a hearing on his claim before a representative of the Secretary.” An oral hearing or review of the written record is not permitted if the employee has previously been granted reconsideration. In other words, an oral hearing or review of the written record can precede, but not follow, reconsideration by OWCP.

Telephonic Oral Hearings

OWCP Oral Hearings can now be conducted telephonically saving you the trouble and cost of attending your OWCP Oral Hearing in person. Federal Workers Compensation Consultants can now represent you during your OWCP Oral Hearing via telephone conference call.

2. Reconsiderations [also under 5USC 8128 (a)]

A request for Reconsideration must be made in writing within one year of the last merit decision of record. The Reconsideration asks the Secretary of Labor (OWCP) to review legal argumens not previously made, or to examine new evidence which is also substantial in nature, such as:

(A) A statement of a reliable witness not previously submitted which supports the employee’s claim that an accident occurred during the performance of duty.

(B) A new medical report which provides medical rationale that is not contained in a previous medical report. (Note: An employee may be represented by any responsible individual before or at an OWCP Hearing. This individual can be a friend, an attorney, or an OWCP Consultant.)

3. ECAB

The ECAB is an appellate body in the Department of Labor separate and apart from OWCP. Decisions are issued by a three-member panel, each member which is appointed by the Secretary of Labor. The ECAB Appeal must be made within 180 days of the OWCP decision. This Appeal can be after a decision of an OWCP hearing representative, and for an OWCP decision from an Oral Hearing as review of the written record, or following a decision on a Motion for Reconsideration.

No new evidence can be submitted at this Appeal. Only the evidence of record at the time of Appeal is considered. After a decision is ordered, one can file for Reconsideration within one year of a decision rendered at ECAB by submitting either new medical evidence or new legal argument.

Call Federal Workers Compensation Consultants today for a free initial consultation at 1-877-915-1271

Federal Workers Compensation Consultants

Workers Compensation and Disability Retirement Specialists

9639 N. Armenia Avenue
Tampa, Florida 33612

Telephone 1-877-915-1271
813-931-1984
Fax 813-931-4905

bill.hackney@verizon.net

lenny.perez@verizon.net

vivi.perez@verizon.net

http://www.federal-workers-comp.com
Permission is granted to publish this article in print or online as long as the article is published in it’s entirety without changes and with the author’s contact information and URL hyperlinks included.

To view a printable version of this article, click here

by L. Perez

OWCP pays the claimant for travel to and from the medical provider, to and from any therapy treatments, and to and from the pharmacy for medicine used for the injuries. Caution, you must submit your request for travel pay on form OWCP Form 957 – Medical Travel Refund Request within one year of the travel.

For this reason, it is advised to submit your travel pay every June and December. This will assure the claimant of filing in a regular and timely way.

Get a printout from your medical provider, therapist, or pharmacy, showing how often you were there and get a copy of the mileage from your home or work locations to the medical locations using an online mapping site such as http://MapQuest.com, http://maps.google.com, or http://maps.yahoo.com.

To download a printable copy of OWCP Form 957 – Medical Travel Refund Request, click here

Call Federal Workers Compensation Consultants today for a free initial consultation at 1-877-915-1271

Federal Workers Compensation Consultants

Workers Compensation and Disability Retirement Specialists

9639 N. Armenia Avenue
Tampa, Florida 33612

Telephone 1-877-915-1271
813-931-1984
Fax 813-931-4905

bill.hackney@verizon.net

lenny.perez@verizon.net

vivi.perez@verizon.net

http://www.federal-workers-comp.com
Permission is granted to publish this article in print or online as long as the article is published in it’s entirety without changes and with the author’s contact information and URL hyperlinks included.

To view a printable version of this article, click here