Federal Workers Compensation Coffee Break Dr. Taylor

Federal Workers Compensation Coffee Break Podcast is an educational and informative training on how to navigate the DOL -OWCP claims filing process for all types of injured US government and federal workers. The podcaster has 28 years in assisting with federal workers compensation as a consultant and trainer. The podcast is free and is educational. If you need help with anything related to a federal workers compensation claim...help is just a cup of coffee away.

Loss of Wage Earning Capacity (LWEC). The loss of wage-earning capacity determination performed pursuant to 5 U.S.C. 8115 provides that an injured worker will not be penalized for returning to a lower-paying job because of a disabling condition. It also permits the adjustment of compensation to reflect partial rather than total disability, if the requirements of the law are strictly met. So how does wage loss compensation get denied based on a LWEC decision by a OWCP claims examiner? 
Some government  employees who have had their medically suitable job withdrawn by the Employee agency as a result of the National Reassessment Process (NRP) are being denied wage loss compensation by OWCP because of a previous LWEC decision. How does this happen?
OWCP DFEC Procedure Manual lists procedures that establish that after an employee with an accepted claim has returned to work for at least 60 days, (you guys have heard me call this the “60 day rule” in previous podcasts. The claims examiner  has the right to  determine if the salary that the injured worker/claimant is being paid, fairly and reasonably represents that employee’s actual wage earning capacity.

The Employees’ Compensation Appeals Board (ECAB) has ruled repeatedly that once a formal LWEC has been issued, it can only be changed  in three circumstances: 
·        The original LWEC rating was in error;
 ·        The claimant’s medical condition has changed; or
 ·        The claimant has been vocationally rehabilitated, i.e. is working in a new job which 
            pays at least 25% more than the current pay of the job he or she was working 
           when the original LWEC was performed.
ECAB decisions that that support your appeal of a odd-lot job offer withdraw and/or LWEC 0% decision:
Baggett, 50 ECAB 560; Wade, 37 ECAB 556 (1986); Rowe, Docket No.88-1179 (issued September 27, 1988); and Moss, Docket No. 89-846 (issued July 26, 1989), Woolever, 29 ECAB 114, Emory, 47 ECAB 371, and in Weisman, 50 ECAB 418
For more information please read the attached transcript! 
Dr. Taylor’s contact information is: https://fedcompconsultants@protonmail.com If you need a provider or assistance with a DOL claim in Tampa, Pensacola or Jacksonville Florida  you can make an appointment to see him and the other providers at the clinic at  M & R Medical & Therapy Center. To make a consult with Dr. Taylor  to discuss your case or if you know someone if Florida who is recently injured you can call the clinic at 813-877-6900 or go  to our website at https://mrtherapycenter.com/
Fed Comp Coffee Break Podcast on Youtube 

Federal Workers Compensation Coffee Break Podcast is about all things related to Federal Workers Compensation, FECA, OWCP, DOL & Longshore claim filing as an injured federal worker.  The podcast is an educational and informative training on how to navigate the DOL -OWCP claims filing process for all types of injured US government and federal workers. The podcaster has 28 years in assisting with federal workers compensation as a consultant and trainer. The podcast is free and is educational. If you need help with anything related to a federal workers compensation claim...help is just a cup of coffee away.

OWCP Form  CA-7 Claim for Compensation, is used for claiming compensation for wage loss due to an on-the-job injury when leave is used most of the time. But it also is used for other things that I want to cover in today’s podcast.  There are 4 basic reasons for filing a CA-7 form in SECTION 2 of the form. Reimbursement for Leave without pay,, Leave buy back, Other wage loss; specify type, such as downgrade, loss of night differential, etc. and lastly a schedule award for a financial settlement for their work related  injuries.

Now the CA-7 form itself requires that the injured worker complete the front side and submit it to the employer. The employer completes the reverse (side or page 2) and forwards it to OWCP.  When  OWCP  does  not  timely  receive  CA-7s, employees suffer delayed payment of benefits. Now there is a new process of filing the CA-7 form and that is filing the form electronically in ECOMP. So let’s dive in on this topic and also we are going to touch on a topic that most people do not understand that is associated with the CA-7 form and that is LWEC or lost wage earning capacity.
CA-7s should be filed via the injured workers ECOMP dashboard. The form can be found in ECOMP under the forms section. The injured worker can track the form’s submission to OWCP via the dashboard. If the form has not been forwarded to OWCP within the required 5 working days, a grievance investigation should be initiated.
FECA Act Federal law: 20 CFR 10.111(c) and 10.112(c) provide:
Upon receipt of Form CA-7 from the employee...the employer shall complete the appropriate portions of the form. As soon as possible, but no more than five working days after receipt from the employee, the employer shall forward the completed Form CA-7 ...to OWCP.
 
Loss of Wage Earning Capacity (LWEC). The loss of wage-earning capacity determination performed pursuant to 5 U.S.C. 8115 provides that an injured worker will not be penalized for returning to a lower-paying job because of a disabling condition. It also permits the adjustment of compensation to reflect partial rather than total disability 
Dr. Taylor’s contact information is: https://fedcompconsultants@protonmail.com
If you need a provider or assistance with a DOL claim in Tampa Florida  you can make an appointment to see him and the other providers at the clinic at  M & R Medical & Therapy Center. To make a consult with Dr. Tayor  to discuss your case or if you know someone if Florida who is recently injured you can call the clinic at 813-877-6900 or go  to our website at https://mrtherapycenter.com/
 

Federal Workers Compensation Coffee Break Podcast is about all things related to Federal Workers Compensation, FECA, OWCP, DOL & Longshore claim filing as an injured federal worker.  The podcast is an educational and informative training on how to navigate the DOL -OWCP claims filing process for all types of injured US government and federal workers. The podcaster has 28 years in assisting with federal workers compensation as a consultant and trainer. The podcast is free and is educational. If you need help with anything related to a federal workers compensation claim...help is just a cup of coffee away.

You have been injured on the job.  What are you supposed to do?  What type of a condition is it, and what paperwork is required?  This handbook will walk you through the basic steps of getting the needed medical care, and then guide you through the sometimes complicated and confusing steps of reporting and documenting your compensation case. Anytime you have questions or need assistance in dealing with a workers' compensation issue, you can call and ask to see me for a consultation at M&R Medical & Therapy  and/or  speak Dr. Taylor or  our Workers' Compensation Specialist  for assistance and advice.  
This podcast episode does not cover all the details of the Federal Employee's Compensation Act or all the benefits employees may be due.  Rather, it is intended to provide quick and simple guidance that will help you through the majority of the situations you will encounter if you suffer a job-related injury or disease.

Dr. Taylor's educational podcast utilizes his experience and history as a DOL - OWCP provider and his years of consulting and teaching all things federal workers compensation related. This is an educational short form format for learning how to successfully file federal workers compensation claims.

Dr. Taylor’s contact information is: https://fedcompconsultants@protonmail.com
If you need a provider or assistance with a DOL claim in Tampa Florida  you can make an appointment to see him and the other providers at the clinic at  M & R Medical & Therapy Center. To make a consult with me to discuss your case or if you know someone if Florida who is recently injured you can call the clinic at 813-877-6900 or go  to our website at https://mrtherapycenter.com/
 

Federal Workers Compensation Coffee Break Podcast is about all things related to Federal Workers Compensation, FECA, OWCP, DOL & Longshore claim filing as an injured federal worker.  The podcast is an educational and informative training on how to navigate the DOL -OWCP claims filing process for all types of injured US government and federal workers. The podcaster has 28 years in assisting with federal workers compensation as a consultant and trainer. The podcast is free and is educational. If you need help with anything related to a federal workers compensation claim...help is just a cup of coffee away.
                                                                   VIDEO SURVEILLANCE
Injured federal workers who draw wage loss compensation should assume that investigators associated with the USPS Office of Inspector General (OIG) have covertly filmed them or will film them. This is a very common technique and tool of investigating an OWCP federal injury claim. The Employees’ Compensation Appeals Board also known as ECAB,  issued a decision on Sept. 26 (Docket 11-863) that addresses a number of issues involving Employee agency. OIG surveillance videotape. All federal  injured workers, OWCP approved doctors and/or advocates should be familiar with this important decision. It is important because it addresses a critical distinction between use of surveillance videotape for the purposes of 1) fraud investigation and 2) for claims development.

ECAB reviewed this injured workers termination case dispute and reversed the termination on several grounds—two are detailed below: First, the Employee agencyviolated the regulations prohibiting direct contact with the treating physician, 20 CFR 10.506. The Board wrote: It is clear that the agents of the employing establishment took an active, and in some issues decisive, role in developing appellant’s claim and building the case for termination of her benefits. The Board finds that OWCP departed from the implementing regulations by relying on evidence obtained through direct contact between agents of the employer and appellant’s (injured worker) treating physician… OWCP should have rejected evidence generated by a violation of the applicable regulations. Second, the injured worker was not afforded the required notice regarding the existence of the surveillance video and its intended use for the purpose of obtaining an adverse medical opinion. For more information review the transcript!

Dr. Taylor's educational podcast utilizes his experience and history as a DOL - OWCP provider and his years of consulting and teaching all things federal workers compensation related. This is an educational short form format for learning how to successfully file federal workers compensation claims.
Dr. Taylor’s contact information is: https://fedcompconsultants@protonmail.com

If you need a provider or assistance with a DOL claim in Tampa Florida  you can make an appointment to see him and the other providers at the clinic at  M & R Medical & Therapy Center. To make a consult with Dr. Taylor  to discuss your case or if you know someone if Florida who is recently injured you can call the clinic at 813-877-6900 or go  to our website at https://mrtherapycenter.com/

 

Federal Workers Compensation Coffee Break Podcast is about all things related to Federal Workers Compensation, FECA, OWCP, DOL & Longshore claim filing as an injured federal worker.  The podcast is an educational and informative training on how to navigate the DOL -OWCP claims filing process for all types of injured US government and federal workers. The podcaster has 28 years in assisting with federal workers compensation as a consultant and trainer. The podcast is free and is educational. If you need help with anything related to a federal workers compensation claim...help is just a cup of coffee away.
                                                   Injured Worker’s Responsibilities
      To seek or accept suitable employment.
      To resume regular Federal employment if capable.
      To provide physician with information on any available light duty.
      To advise employing agency of limitations imposed by attending physician.
     To report efforts to obtain suitable employment, if requested by OWCP.
                                                          Employer’s Responsibilities
      Authorize medical caree
      If alternative positions are available for a partially disabled employee, advise the        employee in writing of specific duties and physical demands.
      Where no alternative position is available, advise the injured worker of any                accommodations the  agency can make.
   Employer must consider the physical or emotional restrictions placed on an       injured worker due to the work injury as well as any concurrent, non-injury related ailments.
  Agency personnel can request work restrictions directly from the physician, from    the OWCP nurse, or OWCP.
  If work restrictions differ, OWCP will determine which are appropriate.
                           How Does the HIPPA Law Affect the Employing Agency?
HIPAA prohibits health providers from discussing or giving information to anyone without a patient release. This includes other physicians. Now listen up this is a word of caution and advise! This HiPPA law  hinders the employing agencies from obtaining medical information directly  from the injured worker’s physician.
A light duty assignment is provided to IW to accommodate the restrictions.
Prepare a written assignment for IW. Duties must meet the physical requirements.Verbal assignment allowed, but written assignment should be made within two days.Assignment can be job modification of an existing job with light duties.Dr. Taylor's educational podcast utilizes his experience and history as a DOL - OWCP provider and his years of consulting and teaching all things federal workers compensation related. This is an educational short form format for learning how to successfully file federal workers compensation claims.
Dr. Taylor’s contact information is: https://fedcompconsultants@protonmail.com
If you need an OWCP approved medical provider, Dr. Taylor  also is located at M & R Medical & Therapy in Tampa at 4150 N. Armenia Ave. Ste. 102, Tampa Florida 33607 (813) 877-6900
https://mrtherapycenter.com/

Federal Workers Compensation Coffee Break Podcast is about all things related to Federal Workers Compensation, FECA, OWCP, DOL & Longshore claim filing as an injured federal worker.  The podcast is an educational and informative training on how to navigate the DOL -OWCP claims filing process for all types of injured US government and federal workers. The podcaster has 28 years in assisting with federal workers compensation as a consultant and trainer. The podcast is free and is educational. If you need help with anything related to a federal workers compensation claim...help is just a cup of coffee away.
Family Medical & Leave Act (FMLA) Paper Work Tutorial helpful tips!

Employee rights under the FMLA . The Family and Medical Leave Act does not give federal workers any additional paid leave, beyond the paid leave to which federal workers  are entitled under FMLA rules and provisions with the Government service workers and any related postal handbooks and manuals. Rather, the law guarantees employees:

♦  The right to take time off, using annual leave or leave without pay (LWOP) in most situations, and sick leave in certain circumstances, for the purposes listed above.

♦  The right to retain the job and its benefits. The employer may not discontinue or change an employee's benefits, change his or her job rights, place the employee on restricted sick leave or take disciplinary action against the employee for taking leave covered by the FMLA.

♦  The right to be informed. The employer is required by the FMLA to inform employees that they have a right to leave under the law, and to inform employees whether any leave they have requested is covered by the FMLA.

Specific rules and regulations . Employee rights and employer responsibilities under the FMLA are governed by detailed federal regulations and by Section 515 of the Postal Service's Employee and Labor Relations Manual (ELM).

WHO is eligible employee use FMLA leave?
A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid, job-protected leave in a 12 month period for one or more of the following reasons:
for the birth of a son or daughter, and to bond with the newborn child;
for the placement with the employee of a child for adoption or foster care, and to bond with that child;
to care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition;
to take medical leave when the employee is unable to work because of a serious health condition; or
for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.
The FMLA also allows eligible employees to take up to 26 workweeks of unpaid, job-protected leave in a “single 12-month period” to care for a covered service member with a serious injury or illness.
Click here for the NALC FMLA forms.
Dr. Taylor's educational podcast utilizes his experience and history as a DOL - OWCP provider and his years of consulting and teaching all things federal workers compensation related. This is an educational short form format for learning how to successfully file federal workers compensation claims.
Dr. Taylor’s contact information is: https://fedcompconsultants@protonmail.com
f you need an OWCP approved medical provider, Dr. Taylor is located at M & R Medical & Therapy in Tampa at 4150 N. Armenia Ave. Ste. 102, Tampa Florida 33607 (813) 877-6900
https://mrtherapycenter.com/