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  1. #1
    Join Date
    Jan 2012
    Posts
    3

    Angry Scheduled Award for Back Injury

    I was a DOD civil service employee from 2005 till 2011. I injured my back in April of 2009 which required surgery in June 2009. My back injury caused permanent nerve damage in my left leg; numbness, pain, hyper-sensitivity and so on. I returned to light duty work in Sept 2009 and then full duty in Dec 2009. Things seemed well for a while and in the summer of 2010 the back pain started again and in Oct 2010 I was off work. I got a MRI in Dec 2010 and it showed I had five more herniated discs and I needed surgery again. DOL took too long to approve my surgery and though I had an approved case and was getting paid by OWCP I received a letter saying I was to be removed from my position. I was let go in Aug 2011 and right after my surgery was approved. After the second back injury I have nerve damage in my right leg that the doctor said will not improve. My two questions are: can DOD legally fire me while on a workmans comp and what is the best way to go about a schedule award? Do I absolutely need an attorney or is it simple enough to save the money a lawyer would charge and file the paperwork myself? Thank you for your time.


    Sean

  2. #2
    Join Date
    Dec 2009
    Posts
    108

    Default Re: Schedule Award for Back Injury

    Sean, I'm looking for some answers to exactly what you're asking, so hope someone responds soon.

  3. #3
    Join Date
    Oct 1971
    Posts
    3,511

    Default Re: Schedule Award for Back Injury

    can DOD legally fire me while on a workmans comp
    Sure, there is no job protection under the Worker Comp Act.

    what is the best way to go about a schedule award? Do I absolutely need an attorney
    See what they offer, if they do the right thing then no, you don't need an attorney.
    The Federal system is different than states, it's pretty much written in stone and doesn't allow for negotiations or appeals.
    It's hard to find an attorney knowledgeable on the Federal system.

    Permanent Disability

    FECA provides compensation benefits based on loss of earnings capacity and schedule awards for the loss or loss of use of specified members, organs, and functions of the body when there are permanent effects of a job-related injury.
    Disability Compensation Payout
    If the employee has no dependents, compensation is generally payable at the rate of two-thirds of pre-disability gross wages tax-free; if the employee has one or more dependants, compensation is payable at the rate of three-fourths of pre-disability gross wages, tax-free.
    http://www.dol.gov/owcp/dfec/regs/compliance/91-18.htm.

    Here's some info to browse through, maybe you can find more specific answers to your questions


    Contact Information
    Federal Employees' Compensation


    National Operations Office
    800 North Capitol Street NW, Room 800
    Washington, D.C. 20211
    Phone: (202) 513-6816
    Internet: http://www.dol.gov/owcp/dfec/
    Additional Information

    The complete text of the Federal Employees' Compensation Act is available online at:
    http://www.dol.gov/owcp/dfec/regs/statutes/feca.htm
    Information about changes in the General Schedule (GS) and historic tables is available from the Office of Personnel Management, available online at:
    http://www.opm.gov/oca/INDEX.asp

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Schedule Award for Back Injury

    I returned to light duty work in Sept 2009 and then full duty in Dec 2009.
    My back injury caused permanent nerve damage in my left leg; numbness, pain, hyper-sensitivity and so on.
    I have nerve damage in my right leg that the doctor said will not improve.
    What happened with the claim when you returned to full duty in 2009?
    Were you rated for PPD, and/or paid those benefits? Was there any hearing for award?

    The scheduled loss section is here 8107. Compensation schedule http://www.dol.gov/owcp/dfec/regs/statutes/8107.htm
    A leg is scheculded for 288 weeks, for total/amputation... the number of weeks you'd be due is based on the % of impairment.
    It's complicated too... based on wage loss capacity, whether or not you seek employment you are suitable for etc.

    The way OWCP is structured, it discourages attorneys from representing an IW.
    Here is a list of attorneys in Wash D.C. that handle Workers Compensation...http://www.lawyers.com/Workers-Compe...law-firms.html, don't know that OWCP is an area of practice. Doesn't hurt to consult with a few...shouldn't be any fee.

  5. #5
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Schedule Award for Back Injury

    Quote Quoting BvIA View Post
    What happened with the claim when you returned to full duty in 2009?
    Were you rated for PPD, and/or paid those benefits? Was there any hearing for award?

    The scheduled loss section is here 8107. Compensation schedule http://www.dol.gov/owcp/dfec/regs/statutes/8107.htm
    A leg is scheculded for 288 weeks, for total/amputation... the number of weeks you'd be due is based on the % of impairment.
    It's complicated too... based on wage loss capacity, whether or not you seek employment you are suitable for etc.

    The way OWCP is structured, it discourages attorneys from representing an IW.
    Here is a list of attorneys in Wash D.C. that handle Workers Compensation...http://www.lawyers.com/Workers-Compe...law-firms.html, don't know that OWCP is an area of practice. Doesn't hurt to consult with a few...shouldn't be any fee.
    Thank you all very much for the responses. When I returned to full duty work my claim stayed open for all medical expenses. And I dont know what being rated for PPD means and Im not sure what you mean for a hearing for an award? Thank you for your time

  6. #6
    Join Date
    Jul 2013
    Posts
    2

    Default Re: Scheduled Award for Back Injury

    One thing I do know is your entitled to retirement disability from opm, if worker's comp does the right thing and pay you then, OPM will be reimbursed for the money they gave you. You could also, be entitled to social securities disability as well.

  7. #7
    Join Date
    Jul 2013
    Posts
    1

    Default i need a workmans comp attorney who handles federal cases

    The title says it all. I am in search of a workmans comp attorney who handles federal cases in the IL or WI. I could not find one in the IL bar Assoc. I work for the Usps, got hurt on the job and been out for over six months, and still have six months of rehab. Anywhere near Chicago or milwaukee would be great. I live an hour drive from both.

  8. #8
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: i need a workmans comp attorney who handles federal cases

    contact your union
    http://www.apwu.org/index2.htm#

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