by Lenin V. Perez
Case History 1: An employee of the U.S. Marshals Service injured his right knee while playing college football and had surgery to the knee prior to becoming a government employee. While performing his duties of walking up and down the stairs numerous times a day, the right knee was permanently aggravated by his duties thus making his knee compensable. The medical report by the physician of his choice stated that the repeated climbing of stairs on a daily basis, as well as the repeated bending and stooping required by his employment, surely caused an aggravation to his pre-existing condition. In this case the agency objected strongly that since the condition was pre-existing and happened outside of the employment this condition should not be compensable. The final outcome of this case was that the right knee became compensable. The employee had another surgery to his right knee paid for by OWCP and later collected a schedule of award of over $50,000 do for his right knee. The employee subsequently filed a CA-2A claiming a consequential injury to his left knee due to the a greater amount of stress to his left knee stemming from the injury to his right knee. He later had his left knee condition accepted, had surgery, and also collected a schedule of award for his left knee.
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 813-931-1984
Federal Workers Compensation Consultants
Workers Compensation and Disability Retirement Specialists
9639 N. Armenia Avenue
Tampa, Florida 33612
Se Habla Espanol – 813-931-1984