--QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-23-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: Rural Carrier Time: 12:35 AM Back to your own rantings again, Dave? ------------------------------------------------------------ From: silvester Time: 12:44 AM Thanks snowed & Ed. As of now Ed, the owcp has me in a non employable status. As to Dirty Dave, some people are just not fine with sitting home their entire life. No 'fool' told me I can work. I feel sitting home in pain is a shitty way to continue on with my life. Its been 10 years for me and nothing has changed, nor will it. I rather try and work a few hours for my own MIND and deal with the pain just as I do when I am home. ^^ That is to you if you are talking to me in your post. I am unclear on that as it's the same ol' stuff you always write, ie nothing helpful. ------------------------------------------------------------ From: silvester Time: 12:47 AM Ed, can you please expand on this? "OWCP will reduce your entitlement to compensation based upon actual earnings." Will I be removed from the PO then? ------------------------------------------------------------ From: DirtyDave Time: 05:23 AM Silvester: I was not addressing anyone in particular. I have spent the last two years teaching myself to make woodcarving knives and I can take everything I need to put one together without leaving my chair. My knees presently beg me to lose an enormous amount of extra "self" and until I accomplish this task I just do whatever I can still physically handle. I only wish to inspire, encourage, and even to the point of demonstration, that being "permanently physically challenged:" can be an OPPORTUNITY not previously recognized or taken advantage of. I'm sorry if I never manage to motivate your already generous accumulation of knowledge and personal experience by never saying anything you can use. Maybe I'll get lucky someday and say something you can use. Only time will tell. All I was saying was that I personally know many fellow unfortunates who allow their forever changed life to dictate negative considerations and that goes against what I am all about. I simply have never been depressed, negative, nor much less than the last person to realize what an Egomaniac I project. Now that I am aware, I can work on it. Sitting down, limping, or whatever. I challenge everyone reading this to consider the things they CAN do and to FOCUS ON THEM. Life never slowed down because Dave kirtley became permanently injured. The post office still delivers and I am still breathing. Make use of what you HAVE and CAN do and remember that a tool is only as good as the person who uses it and the MIND is only a tool. Hang around Silvester, surely I will eventually come up with something to your liking. I've been trying in some form or another to help other FECA claimants for over 20 years and I admit I am spoiled by the fact that many people have contacted me personally to thank me and I am always grateful for the opportunity to help considering that CRITICISM is NOT my strongest gift. Respectfully and hopefully, "Humbly," Dave Kirtley Google Blog: "Dirtydave's Other side of the Story." FECAHELP ( HTTP://WWW.Quicktopic.Com/43/H/DrXSA7yuDY25d ------------------------------------------------------------ From: Snowed Time: 09:20 AM Dave- One of the things you need to take into consideration is individuality. There are quadriplegics who still find a way to work. Never discourage anyone from reaching their own capacity. Working does not necessarily mean a person is fully employable. There are sheltered workplaces that give an outlet to the disabled to do some type of work yet allow them to maintain benefits. These types of jobs are a psychological benefit to the disabled. Silvester- I am pretty sure I never will be able to handle an 8 hour day at any "job." I myself am trying too find a way to do something and if I end up earning some money, I will report it to OWCP. I will also report my volunteer work once a year. I suspect eventually they will find that I have some type of earning capacity and reduce my compensation by way of a LWEC. At that point I can look to see if disability retirement is more than what OWCP determines is my LWEC and then choose which way to go. I have no real concern to when the USPS separates me. I will deal with that when the time comes. If they separate me, I will then apply for DR to protect my benefits. In my area there are many part time positions available in health related office work under the title "clerical/administrative support" which I find of interest. The job duties are either sedentary or light work. I am trying to gain knowledge in medical terminology so I can qualify for the positions. Also medical billing can be flexible work and the education required is minimal. I tell you this just as options. Also most hospitals and charitable orginizations have volunteer programs that you can try to help you decide if you can work. You may find that you can only work 2 hours a day at minimum wage or you may find that you can work 4 hours once a week and either way compensation will be reduced by OWCP using your actual earnings. My point is there are possibilities for you out there. Only you can make that ultimate decision to get out there and give it a try. I would however get permission from your doctor to attempt any type of work. ------------------------------------------------------------ From: Snowed Time: 11:28 AM Dave-I still can't locate your blog. Do you have a link? ------------------------------------------------------------ From: Just want to heal Time: 02:13 PM Snowed - Sorry I'm getting back to you so late. Thanks for answering my post. Yes, the LBB did go back to 2009, that was when I stopped working due to the pain from my injury. I talked to my union and they are going to grieve the Letter of Demand because the $400 does not match the $350 that is on my pay stub. Was told that if this should have been taken care of when OWCP paid them when I bought my sick leave back? Not sure what she meant by this but we'll see. Worse case scenario, I'll pay them back $50 at a time. I still don't agree with this. It was my sick time, which I EARNED and when my case was accepted I should not have had to buy it back. Another person asked earlier, and wondering the same thing, will the VER be offered to people who are out on OWCP? I'm in a different situation (I think) than most here. There is a good chance I will be able to return to work. I will not be 100% but there is a good possibility that I will be able to perform my duties. But I received a letter in November that I have been excessed out of my office AND last Sept I received a letter from the good people from NRP but that was postponed and I have yet to hear back from them. I'm getting hit from ALL sides. I'm wondering if I'm offered the early out, if I should take it and RUN!!! ------------------------------------------------------------ From: Snowed Time: 02:25 PM Just want to heal- Buying back sick leave is an option. You did not have to do this but you did. I just bought back my leave but not the S/L I used because I figured I was going out anyway. If you think you will be going back, then this is a good thing to do. VER, if offered is available to anyone qualified whether on OWCP or not. Any incentive you get however could reduce your OWCP payments. Also you can not receive OPM retirement and OWCP wage loss at the same time. ------------------------------------------------------------ From: silvester Time: 05:24 PM Snowed, Thank you so very much. Your post made absolute sense to me and answered some questions. Thanks for taking your time to help!! I'm in my early 40s and even though I am in constant pain, and know I will never be able to work 8 hours, my mind NEEDS to get out of this house. I have tried hobbies, I do mosaics, paint, draw etc. *I* feel l ike I have no purpose, *I* need to get out. I was thinking about volunteering. How do I do it right? I was thinking about sitting with elderly who are in the hospital and have no visitors. Maybe a few hours a week. I recently just filled out the packet from the OWCP. So I will not see another for a long time. Do I contact them or just wait until I need to fill them out again? Thanks again. ------------------------------------------------------------ From: Snowed Time: 05:47 PM silvester- I would wait for the packet when it comes to reporting volunteer work. Just keep track of your hours by date. I have not seen any requirement yet to report volunteer work any sooner, but that could change. How do you do it right? I'd start by calling hospitals and nursing homes. They should be able to get you on the right track. Then whatever you decide to do, just get a letter from your doctor stating you can do those activities. I like your goal to be a visitor. There are so many who have no one. ------------------------------------------------------------ From: DirtyDave Time: 06:05 PM Here's my personal blog: http://www.quicktopic.com/18/H/9tnMeKCuBJM7 ------------------------------------------------------------ From: Snowed Time: 07:09 PM Dave- that link takes you to a quick topic ------------------------------------------------------------ From: agodlywoman Time: 08:13 PM sorry i haven't been on in a while. seems my son in going into the major league baseball draft straight from high school. sigh. a lot going on. i believe i may have a problem. in the last 3-4 weeks i began really becoming sore in what my massage guy at the pain mgt office thought was my SI joints. so i stopped the elliptical and the treadmill. got trigger points. seemed a bit better. then all of a sudden it went to awful. could not bend over, could not stand straight and raise my left foot. i knew nerves were involved. they would fire off when i coughed. weird stuff. this was over a weekend. monday morning i went to a chiropractor 2 miles from my home that i heard great things about. i told him about my guy saying SI joints. he had me attempt to do a couple of things. we chatted. he said, "my dear. i can tell you right now it's not your SI joints." he took xrays. i went back the next day. i about fell out of the chair. my L5-S1 was almost completely flat. he said one step further and he would not have been able to help me. there was another disc midway up my back, and something at the top of my neck was pinching off an artery, thus the migraines i have been having where the shots at the ER haven't been helping at all. he said i can help you. in fact. i can give you most of your life back. i have spurs growing on my lumbar vertebra, etc. all of this and i haven't worked since 2005. AND, when he saw the position that my metal plate was in, he said in the state he came from i would have grounds for malpractice. it was leaning nearly sideways. too late now. anyway. i gave him my insurance cards because i was in an emergency situation. i called work comp office and left a message for my CE to call me. in the meantime the "guy" on the phone said, "i don't see why you didn't go to the hospital." i went back to the chiropractor today and he's got me on the decompression table, twice now, and i can already lift my left foot a bit higher. sorry i'm rambling. i'm in pain. question: can't my primary pain mgmt doc just refer me to the chriopractor until these things get worked out? my pain mgmt doctor would have wanted to give me those shots that don't work, and i could barely walk or sit or move. and i refuse surgery #8. i just don't want any trouble with my CE. suggestions? we have a great relationship and she gives me anything i need. ------------------------------------------------------------ From: DirtyDave Time: 10:07 PM Snowed: Someone is managing to use my "Dirtydave" name and offer nonsense. I never ignored individuality when I only said people like us are never totally defeated by our disability unless we INDIVIDUALLY decide so. Enjoy that person using my handle but that is not the dirtydave you assume it is because I went to that link and read the garbage just long enough to see through the charade and left. Go to "GOOGLE BLOGS" and search for: "Dirtydave's: Other side of the Story." And the part about "ranting:" I've only recently "outgrown" my former attitude, so don't expect anything legitimatelyb "Old Dave" from me anymore. I promise not to take anyone personally for anything the "additional" Dirtydave says. They are being exploited by their own immaturity, self-centeredness, and EGO. I can do nothing for them. Dave Kirtley ------------------------------------------------------------ From: Snowed Time: 10:14 PM Ahh got it, the little space after the name before the star is a "no DD post"...someone really does not like you Dave. Stop the game, imposter...please. ------------------------------------------------------------ From: Snowed Time: 10:28 PM Dave- Sorry, I just can't figure out the Google blog thing. My point about individuality is that some people can overcome their disability and really work, so don't discourage someone's efforts. I understand your post about not being defeated by disability and that can stretch to the workforce for some. If only the USPS and OWCP would see the value in "building up" their injured employees/claimants instead of "beating" them down. ------------------------------------------------------------ From: Snowed Time: 10:31 PM Do I actually have to become a member to read a blog? ------------------------------------------------------------ From: Snowed Time: 10:36 PM Or maybe it is too new to read..I suppose they have to be screened. ------------------------------------------------------------ From: Snowed Time: 10:45 PM agodlywoman- Sorry to hear of your current medical issues. Yes you can get a referral for chiropractic from your treating physician. "b. Chiropractors. These practitioners are defined as "physicians" only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist. A chiropractor has the right to interpret his or her own X-rays to determine whether they support the diagnosis of subluxation and to determine any period of disability resulting from that condition. OWCP defines subluxation as an incomplete dislocation, off-centering, misalignment, fixation or abnormal spacing of the vertebrae." ------------------------------------------------------------ From: bigcitycarrier Time: 10:51 PM What all should be considered "wages" when completing a CA-7. If I do anything other than my own personal things I always wonder if I should record it some way. Are there links that explain this better, I feel that this is one of the more serious mistakes to make and I would rather not make any mistakes. Also I have read some statements about volunteer work, again this is confusing. ------------------------------------------------------------ From: Snowed Time: 11:12 PM bigcity- This is coming down the pike in the proposed rule changes for OWCP. I have not heard of the proposals passing yet. "Sec. 10.526 Must the employee report volunteer activities? An employee who is receiving compensation for partial or total disability is periodically required to report volunteer activity or any other kind of activity which shows that the employee is no longer totally disabled for work. The fact that the employee did not receive any salary for this work is not a basis for failing to report this activity; instead the employee must report the cost if any to have someone else do the work or activity." ------------------------------------------------------------ From: Snowed Time: 11:18 PM I would keep track of all your activities that can represent work and report them on your yearly CA-1032, unless OWCP instructs you otherwise. ------------------------------------------------------------ From: bigcitycarrier Time: 11:30 PM I have never received a CA-1032, I would like to help my Mom b y giving her a ride to the doctor, help my daughter cook for holidays, teach my son how to do things, run a errand for my husband, I think I worry about too many things, but that is part of the game. ------------------------------------------------------------ From: John Wooten Time: 11:54 PM I was NRP'ed exactly one year ago and would love to work. My problem is I am like many of us and am still a "postal employee". My VRC has talked to me on several occassions about OWCP trying to get me on retraining. I have 3 active claims with OWCP for different body parts plus other medical conditions that really makes me hard to find decent work. I was working 40 hour weeks as a IOD employee then my wonderful District Manager deemed my job obsolete and me as well. My rehab. coun. told OWCP in his oppinion I was not a good candidate for rehab. but as normal DOL wants to disagree. As soon as the P.O. terminates or lays me off I will pursue unemployment, etc., otherwise life is OK. It is extremely great not dealing with the P.O. crap all the time now. ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT --QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-22-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: DirtyDave Time: 04:51 AM Don't learn things the hardway like I usually have learned when you can much easierly avoid them. If your hurt. You're hurt. Please learn to accept it and stay away from DENIAL. Yesterday is gone but you can still do whatever you are still capable of doing. Focus on the do-able. Don't add any additional stress to your life when you can simply avoid it. Life is tough under the best of circumstances and there is "Best in the Worst of Us and Worst in the Best of Us." Respecting claims examiners and a simple kind word instead of all of the other endless: "Pay as you Go" mistakes can be easily avoided. Claims examiners, believe it or not, are FECA entitled also and they also become injured on the job. ( They simply handle 500 to 1000 times the individual headaches, heartaches, and problems we all each individually have only to deal with. That should not be too much to suggest or even consider.) Please don't confuse my mutual respect for claims examiners as being anything closely related or even otherwise, to sympathy. They have rules and regulations to go by , just like us. We cannot fault anyone for our own mistakes even if we would like to pretend that would improve anything. Summing it up, if you can't work at home then how in the hell or you going to be able to do anything else, anywhere else? Just because some fool says you can in writing? Tell these "FOOLS' to call me. I'll deal with them for you but in the meantime do everything you can do to avoid issues and watch what happens! Respectfully, Dave Kirtley HTTP://WWW.Quicktopic.Com/43/H/DrXSA7yuDY25d and "Dirtydave's Other side of the Story" GOOGLE BLOG. ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT --QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-21-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: silvester Time: 12:04 AM Snowed, when do you get the extra 1%? I really wish there was a way to contribute to thrift savings. I am SO on the fence with the postal service. It weights SO heavily on my shoulders daily. I HATE being home and would love to try and work 4 hours a day. But I know my office does not have limited duty at all and are excessing carries. Why can't things be easy? Some days I just want to retire, and try to work somewhere else part time. I just despise all the BS they put you through. Sometimes I think I wish for s removal, at least someone else is making the decision for me. How flippin' sad is that? I feel like being home worrying about this is putting me into a great depression and I cannot find anyone who will help me. My pain doc referred me to 10 different docs and only one would take blue cross. The blue cross informed me that my depression is an owcp claim and they won't cover it. So now I have no one. I don't know what to do anymore. ------------------------------------------------------------ From: Snowed Time: 12:22 AM silvester- You get the extra 1% when you are still employed by agency and collecting OWCP wage loss. I know somewhat how you feel. I want to work to and I have ups and downs on whether it will be possible in the future. Have you tried to find something you can do? You could look for something very light duty and give it a try on your own, even possibly trying volunteer work to see what you are capable of doing. Just because you are still on the USPS rolls doesn't mean you have to put your life on hold. Is the depression accepted by OWCP? ------------------------------------------------------------ From: silvester Time: 12:41 AM The 1% was figured into my comp check? I didn't even know that. My depression was added onto my claim somewhere down the line. I take antidepressants by my pain doc, but that's it. He insists I see a therapist who specializes in chronic pain and depression. I cannot even find a normal therapist to take comp. I didn't know I could try and work somewhere else while on comp and not separated. I feel like my life is passing by quickly and I am in the same boat as I was years ago. In pain and useless. It really weights on the mind. ------------------------------------------------------------ From: Snowed Time: 08:47 AM silvester- No, the 1% is added to retirement, disability or regular. Sorry if I was not clear. This is called an "Enhanced Annuity." Yes you can work, you must immediately report any earnings to OWCP. Recently I contacted ALL my political representatives because I could not find a treating specialist who accepts comp in my area. The ones who responded and are helping are my STATE senators office and my COUNTY legislatures office. Write a letter stating your concern in not being able to find a treating doctor. Before I wrote those letters I tried every federally funded hospital in my area. I was appalled that even they would not take workers' comp for my particular condition. I included this fact as well in my letter. Also, did you check your STATES COMPENSATION website? I was able to search providers listed with them to call. ------------------------------------------------------------ From: Ed Daniel Time: 12:58 PM silvester:If the medical evidence of record supports the fact that you are capable of performing some type of work, then I agree with snowed. But, if the medical evidence of record supports that you are not capable of performing any type of work and you decide to obtain employment you must report your earnings to OWCP. OWCP will reduce your entitlement to compensation based upon actual earnings. ------------------------------------------------------------ From: DirtyDave Time: 01:59 PM OWCP claims examiners are FECA entitled just like the people they serve. They have to choose bad doctors for their claims much like anyone else. If I ever felt that bashing others were beneficial to anyone then I would have advocated doing so the many long years ago I became active on the internet suggesting to others what I had to stop doing if I ever expected to even come close to realizing the many benefits of a FECA claim. We present and former postal employees have a full plate earning a living just by daily returning to work. Claims would improve if claims ex aminers heard both sides of the FECA story too. I initiated a site which would give claims examiners to offer their side of the FECA story in hopes that people like myself, who realize all stories have two sides, could possibly get the other side of the story from equally frustrated and FECA entitled federal employees. speaking only for myself, nearly all of my FECA problems were a direct result of my own actions or inactions. Things never improved until I personally chilled out, stopped blaming others for MY problems and MY mistakes and began to grow up and be ab Adult. No one EVER held a gun to my head and MADE me work for the post office, get hurt, find a dud doctor and beging to fall in the quicksand of a worthless paper trail. I didn't need anybody's help to get myself in a fix, Thank You, I did it all by myself. Anyone who is offended by anything I formerly stated which came off as "Holier than Thou," has my sincerest apolologies because there are just too many people who were glad they got me in their head during the last 29 years. If I can simply keep a lid on my monstrous EGO and my "High Mileage" life's experiences, then maybe I won't become to BIG of a pill to swallow and I will actually be able to help people rather than to seemingly desire to lay a guilt trip on them which even I don't have any use for. Get to know me as you would a true, honest friend, and while I may be too honest for some people, I've always managed to live in my own skin. Respectfully, Dave Kirtley p.s. check out my website and my Google Blog. ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT --QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-20-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: bearly hangin Time: 07:52 AM Thanks! What does this look like to you all: I am able to go back 20 hours a week for roughly 6 months and then hopefully return at that point to 40 but with restrictions still. What do you think my chances are of being approached with an offer are. I know you dont have a crystal ball, but looking thru these posts, I see alot of knowledge.Again thank you. ------------------------------------------------------------ From: Snowed Time: 09:24 AM bearly hangin- It really depends on your restrictions. If you are a carrier and can deliver some mail, I believe your chances are higher. If they will not give you a job offer, you can send a letter to the PM requesting reasonable accommodation. I would reiterate your doctor's plan to eventually get you back to full time employment. ------------------------------------------------------------ From: Snowed Time: 10:40 AM Found these online. Great info for Disability Retirement. The link on page 7 of the first document does not work but I found it...it is the second link I post. http://www.cpms.osd.mil/ASSETS/6D16DAB77FB543E1BD0082F3D0533DB4/ 215_216_rg.pdf http://www.cpms.osd.mil/ASSETS/4A337A6EB3A64BE9A714BCBB5628C1DE/ disability%20Info%20Sheets%20update%2005.12.2008.pdf ------------------------------------------------------------ From: Just want to heal Time: 11:35 AM Just received two wammies in the mail. One was a Letter of Demand for $400 for FSA payments that the Post Office is claiming that I owe them from last year. I don't understand this because before my claim was approved, I was having this taken out of my paycheck with the money I was receiving by using my sick leave. Does it matter that it was my sick leave when it was the only way I was getting paid at the time? FSA contacted me and said I have $350.00 to use before March 15 so I know it wasn't $400 ADDITIONAL dollars that the PO paid (my case was approved last MARCH). Also, I received a year end report from my Thrift Savings Plan and saw that there were deductions of a little over $3,000 made out of my account last year. Knowing that I didn't make any withdrawals I went into my account and noticed theses were made dating back to Oct '09, the time of my accident with a total loss of value of $11,000!!!! At no time was I notified that this was going to happen and that the PO was going to go into my account and take back the money that they matched. Oh, I'm sure it's in Manual such and such but damn I am so sick and tired of being kicked when I'm already down. When you think about the sick leave you have to buy back (which I did), the sick leave you are losing out on while you heal, the vacation time you are giving back to them and you can't get back.. Sorry, just needed to get some tears out and to vent a little. Just had a SECOND surgery 5 weeks ago and didn't need this on top of everything I've all ready been through. ------------------------------------------------------------ From: Snowed Time: 02:59 PM Just want to heal- When you bought back your S/L, this is what created the FSA money due. Apparently, they withdraw that payment because this happened to me too for Leave buy back. As for the TSP, you can not contribute when you are not in a pay status so maybe that is why you lost value as well. Did your LBB go back to Oct. 2009? ------------------------------------------------------------ From: Snowed Time: 03:00 PM One good thing about the Letters of demand, is they will consider your current financial circumstances in payback. ------------------------------------------------------------ From: Snowed Time: 03:10 PM You are or should be warned with Leave buy back that you could owe money to your agency. ------------------------------------------------------------ From: Snowed Time: 03:12 PM What you do get is an extra 1% for the time period on OWCP because of your inability to contribute to TSP and SSA. ------------------------------------------------------------ From: Ed Daniel Time: 09:30 PM bearly hangin:Well you get a Job Offer the answer is Yes. Since you are receiving in receipt of compensation for total disability the burden of proof to terminate or reduce entitlement to compensation rest with OWCP. If the medical evidence of record establishes that you are capable of return to 4hour of work per day with the possibility of you being released to 8 hour, your employer can offer a 4 hour day. When the doctor then releases you to 8 hours your employer can then offer you an eight hour position. OWCP well reduce your entitlement to compensation based upon actual earnings of the 4 hour position. When you are released to 8 hours OWCP can adjust your entitlement based upon the new position. ------------------------------------------------------------ From: neice Time: 11:32 PM Does anyone here know if the PO goes thru a RIF or VER which is very likely the end of March, does the PO have any specific requirements regarding OWCP employees working only 5 hours per day? Like if they close down the station I'm working at, do they have to offer me another position at another post office? Or will they try to make me take a disability retirement? ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT --QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-19-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: LDM1 Time: 08:17 AM Dear Dr. xx, After my last appointment I have gone through a lot of anxiety from the work restrictions you recommended. After considering the restrictions it I believe it is possible your were only considering the injury that you were treating. In addition to the xxxx injury, I also have xxx, xxx , and xxx that had resulted in other treating physicians further restricting my work activities. I have included copies of the restrictions prescribed by those physicians for your review. I have been told some physicians will only list restrictions for the specific injury they are treating. If this is the case, would you provide me with a statement indicating this to be the case. If you need to schedule another appointment to review my other conditions please have your staff contact me at xxx-xxx-xxxx. That is just a rough starting draft. We can redo after comments. ------------------------------------------------------------ From: LDM1 Time: 08:37 AM In general I do not worry about the people who read and write on these message boards. We are taking an active role in solving our problems. There are a lot of postal employees who have no reserve in the bank. They may find it easier to take the route of having their medical insurance cover the claim because of the delays and process required to get a claim approved. The law and regulations state we don't need legal help because the process is so friendly to us--but if a doctor writes "I feel ..." instead of "the xxx caused ..." the case is denied. Then we have the injury compensation people. I can not conceive of a job staffed where the only known job requirement is not having a conscience. I read these posts hoping to find one little crack to stick my sword in and stop that windmill. ------------------------------------------------------------ From: DirtyDave Time: 01:12 PM LDM1: Have you ever imagined what it must be like to earn a living attempting to serve anywhere from 500 to 1000 FECAQ claimants? I don't even have to take sides to consider that. I had to clean up MY own act before I judged ANYONE else. How about you? Respectfully, Dave Kirtley ( AKA: "Dirtydave") Please visit my quicktopic forum. We may be able to help. Http://WWW.Quicktopic.Com/43/H/DrXSA7yuDY25d or My Google Blog: "Dirtydave's: Other side of the story ------------------------------------------------------------ From: Fallenstone Time: 03:22 PM All..link to nrp arbitration decisions http://usefulinfo.lettercarriernetwork.info/ ------------------------------------------------------------ From: LDM1 Time: 04:09 PM Dirty Dave, When I owned my own business I had over 1200 customers and I retained over 95% of them from year to year. I was in that business for just under 25 years before selling. Two years later I began work for the Postal Service. My "judgemental" statement was about a job, not an individual. Having handled a job similar to the CE job, I would first think of handling the 5 to 10% of the cases that are suspect with greater scrutiny. Creating useless letters to and from claimants is time wasting. Injury compensation employees causing useless letters would be scrutinized as well. If they misled me continually, their letters would be returned with a demand for the proof the regulation requires. This does not mean I do not have compassion for the claims examiners, it means I have been caused further pain by their methods. As for you as an individual, I have enjoyed reading your posts. It is to our benefit to have contrary views posted. A lot of times I have taken your posts to mean do something with your life, don't sit around and mope about your woes. Even your 19892 post says that to me. Thanks. ------------------------------------------------------------ From: Gil Moj Time: 05:25 PM New Class action Complaint I need to establish Numerosity by finding other individuals who fall within the putative class by linking with potential class members. Reckless disregard Complainant's contentions are that the Agency has been continually violating the Rehabilitation Act, and the Privacy Act, the No Fear Act and the EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (ADA); Claim1) When the Agency refused to properly train their medical unit and management personnel regarding their obligations under the Rehabilitation Act; as instructed to do so in EEOC Appeal No. 0720080044, (See, Grayson v. USPS, dated 1/6/2009), and Claim 2)By mandating that certain employee's submit to "Forensic Psychiatric Evaluations" (before allowing these employee's to return to work). Complainant's contentions are that these Forensic Psychiatric Evaluations are not shown to be job-related and consistent with the business necessity of the Agency, thus such evaluations are improper. Complainant submits this complaint as a "Class Action Complaint", which is ongoing. Complainant identifies seven categories: 1.Fails to reasonably accommodate employees, 2.Targets disabled employees, 3.Creates a hostile work environment, 4.Wrongfully discloses medical information, 5.Is used as retaliation for EEO activities, 6.Has an adverse impact on disabled employees and 7.Repeatedly providing copies of the class employees Forensic Psychiatric Evaluations to the Office of Inspector General. I am looking for other employees who had to have a "Forensic Psychiatric Evaluations" If any postal employee would like to be included into this class action complaint, please contact me at via e-mail ; foochiememo@aol.com ------------------------------------------------------------ From: bearly hangin Time: 07:32 PM Ok, so I have the second opinion dr report. I may now go back to work part time with restrictions in my craft. How long now before po offers me a job, is there some kind of time frame? Should i start looking outside of the po? Am I now suppose to sign up with DOL? Union has not called me back in a while i do not know what i should do . I do know i do not want to rock the boat ------------------------------------------------------------ From: Ed daniel Time: 08:21 PM Bearly hangin:Quick question: are you currently in receipt of compensation from OWCP for lost wages? ------------------------------------------------------------ From: bearly hangin Time: 08:43 PM yes i am have been for just over a year now. Thanks for quick response ------------------------------------------------------------ From: Injured Time: 09:17 PM LDMI... My "bad" doctor was treating me for all my OWCP related injuries, my question to you is what should I would in my letter to him regarding patient/doctor relationship as you wrote in your post. I do believe that he was talked to/ visisted by OIG and because of this gave me the restrictions that he did. Injured:) ------------------------------------------------------------ From: Snowed Time: 09:48 PM bearly hagin- There is no time frame for a job offer, but if you can now do most of your craft duties you have a better chance of getting an offer. ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT --QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-18-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: Injured Time: 12:11 AM Hi everyone... I'm posting the letter that I'm senidng my "bad" doctor any and all help would be appreciated. Thanks Injured:) I hope that this letter finds you and your staff well. I'm writing this letter with lots of concern for my situation. On my "last" visit you filled out a restriction form requested by DOL/OWCP your restrictions concern me very much because I am unable to physically perform those restrictions. I informed you at my visit that I am unable to perform those restrictions, you then stated what about if you alter between activities at which point I informed you that I can try however I would need you to put a statement to the effect that "patient is to do all restrictions according to pain tolerance", you said you would and later refused to put that statement on my restrictions form, you stated that there was no place to put the statement and that you would make a note of it on your medical report to OWCP. The workload that you gave me on 2/3/11 is 3-4x higher than the previous 5 doctors I had, Dr. Amy Bernstien, Dr.Kenneth Botwin and Dr Ashraf Hanna (Florida Spine Institute), Dr.Bao Pham (Florida Spine Care/Sports and Pain Center), Dr. Marla Golden DO , all aforementioned doctor's restrictions did not vary by much, I'm including them for your review along with a letter that I received from Mr. Glenn Reeves, with the USPS Labor Management Office, in which Dr. Joseph DePietro, Associate Area Medical Director for the SE Area for USPS gave his medical opinion on my injuries and restrictions and as you can see they are in accordance with my previous restrictions after reviewing my MRIs, Nerve Conductions tests and other medical reports., in fact Dr. DePietro goes on to opine the following "she would need a job without any significant lifting, pushing, pulling or bending which would allow her to move about as she needed due to pain. This job would require her to be in one position no more than 10 minutes at a time. This job would not require her to place objects above eye level and would not require her to walk more than short distances." Dr. Andrawis I'm concerned that your restrictions are putting me in a position in which I will further injure myself or exacerbate my current injuries. I reached MMI back on 8/12/08 after which I was diagnosed by Dr. Hanna as Permanently Partially Disabled, my understanding of Maximum Medical Improvement (MMI) is that my injuries have improved to their fullest and if there is any future improvement it will be very little to medially make any difference. I have herniated disks, degenerative arthritis on my neck and lower back along with ridiculopathy on my lower extremities I also have bilateral shoulder impingement with tendonitis/bursitis, along with ridiculopathy on both upper extremities, these are not trivial injuries, I'm asking that you reconsider your restrictions in light of all the medical information in front of you and give me restrictions that are appropriate for someone with all my medical conditions. Sincerely, ------------------------------------------------------------ From: LDM1 Time: 08:26 AM Injured, Has this physician been contacted in some form by other postal employees? Are the conditions this physician is treating all the conditions you have listed? If not, do the other conditions have restrictions in place? If so, ask this physician to state that he is only listing the restrictions for this injury. Remember that the employing agency is to accept all conditions of the injured employee whether OWCP related or not. If you are being treated by other physicians, you may have them restate their restrictions. As to your letter, most people suspect a meal that has sugar on top is hiding something sour in the middle. I myself would state how anxious the restrictions have made me, and is there something we can do to resolve it. Then provide the additional medical and ask to schedule another appointment if he feels he needs to examine those issues. Also provide some copies of other physicians' reports. Be direct and leave the sugar out. ------------------------------------------------------------ From: Snowed Time: 10:03 AM Injured- I agree with LDM1. State your full concerns. I would expand on how you feel when you try to expand your activities toward the restrictions given. I know one of my greatest causes of anxiety was the fear of further injury and increased pain. Your letter is good, just tweak it a bit. ------------------------------------------------------------ From: Injured Time: 10:04 AM LDM1.... I suspect that Dr. Andrawis has been "visited/talked to" by OIG or Postal Inspectors. He was seeing me for all my physically related OWCP injuries and beyond those the only other thing that I have is depression, which is also an OWCP approved case. Dr. Andrawis dropped me on my last visit and I did request that OWCP change my dr, I've already submitted the new Dr's info, so we'll see . Thanks for your input Injured:) ------------------------------------------------------------ From: LDM1 Time: 10:25 AM Injured and others, In the doctor/patient relationship a patient is entitled to the best treatment a doctor can give. It is a fair question to ask the physician if anything has impaired the doctor's ability to give the patient his best treatment. The patient does not need to know what caused this treatment impairment, only that it exists. (Doctors are more likely to answer the generic question of if there is an impairment in the relationship than what the impairment is.) If you find there is an impairment, that should be justification to switch treating physicians. I have found it is better to have my personal physician as the physician of record and let him refer me to specialists for treatment. Then I never have to request a change of physicians as my personal doctor can simply change my referal for treatment. ------------------------------------------------------------ From: newone Time: 11:24 AM Ed Daniel Earlier this week I was told the status of my SA is "being processed," duh, isn't this the same as "developed?" Though, CSR's have repeatedly left messages for CE to call me I have yet to receive one phone call. I originally submitted ca7 and impairment rating 11-29-2010. I am going to be upset if my claim is not in my favor when I have been trying to contact CE to know if there is any thing else needed to further to develop my claim. This process has been so stressful and I hope to never have to file again... ------------------------------------------------------------ From: Snowed Time: 11:26 AM LDM1- Good advice but the problem many have is finding a good Dr. to be the physician of record. ------------------------------------------------------------ From: utep99 Time: 11:29 AM My wife had filed a EEO over 30 days ago and no action has been taken on it. Instead three weeks after her EEO filing she recieved a letter from the DRAC team at District turning down her request 30 days after she was verbally denied. I really think they got the EEO and realized they were in trouble so the DRACteam was called in to cya the situation. Although on appeal it was clearly stated by her that the denial letter was a full 30 days after the event and the process required of the EEO was not followed as their is a dialouge should had been opened at the time of request. Does anybody know a way to find out the status of a EEO within the Postal System. Is there a phone number minus the recording stuff asking if you want a EEO packet? I know should be posted on EEO page but figured alot of knowledgeable people here who may know a number in which to see what is up. ------------------------------------------------------------ From: utep99 Time: 11:31 AM Got my referee opinion states I can work four hours sitting the whole time and can reach above my shoulders. Wow gonna be tough to find a job (when the time comes) with those restrictions. ------------------------------------------------------------ From: Snowed Time: 11:37 AM newone- I do not think there is much you can do. SA's have been taking at minimum, 4 months. One of my CE's called me recently and apologized for delays due to the fact that cases were "shifted" around. It is frustrating but consider their overload of claims, as so many injured are being "dumped" on OWCP by the USPS. The next time you call leave an automated message with a touch of "honey," sharing your concern that your case is still progressing but also acknowledging their overload. ------------------------------------------------------------ From: Ed Daniel Time: 01:11 PM Snowed & newone- I first write a letter to the assigned CE to obtain the status of the submitted claim for a scheduled award (S/A). If I do not receive a response within 30-35 calendar days, I will follow-up with a 2nd written request to obtain the status of the S/A. I usually allo w 3 weeks for a response to the 2nd request. If no response is obtained to the written inquiry, I contact the CSR of the District Office (DO) to verify that the office has received the two written inquiries. Once the CSR verifies that the letters have been received I request a return call from the CE to status of the S/A. If I do not receive a return call within three working days I write a letter to the District Director (DD)of the DO handling your claim. I provide copies of previous letters and explain what contacts you have made to obtain status of the S/A. As part of the letter to the cite the Division of Federal Employees' Compensation (DFEC) "Pledge to Our Customers". Pledge to Our Customers can be reviewed at http://www.dol.gov/owcp/dfec/regs/compliance/pledge_to_our_custo mers.htm Doing all of this is important to shows the DD that there is problem within his staff in being responsive. ------------------------------------------------------------ From: Snowed Time: 02:06 PM Great Ed...thanks. ------------------------------------------------------------ From: newone Time: 03:07 PM Snowed and Ed Daniel, Thanks for both of your responses. Very invaluable! ------------------------------------------------------------ From: Injured Time: 10:58 PM LDMI... what exactly would you suggest I write in my letter to my bad doctor asking about the patient/doctor impairment? ED...Snowed...Slingshot....PEA I want to thank you both for all your valuable help on this site!!!!:).... PS I've not heard from Big Mike in a while, does anyone know how he is doing? Injured ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT --QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-17-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: John828 Time: 06:40 AM Ed Daniel, any comment on 19866? ------------------------------------------------------------ From: LDM1 Time: 08:53 AM I was told by an OWCP assigned nurse she could not use emails for medical information because OWCP did not consider them secure. ------------------------------------------------------------ From: Jessie Greer Time: 03:38 PM Snowed, Thank you so much for the information. Your help has been such a blessing in what seems to be a never ending battle and struggle with all of this. It just seems as though OWCP is not going to stop until they get some doctor that they pick and pay to get whatever result they want. And they will eventually. And isn't it redundant that I go to my doctor and then OWCP sends me to their doctor. My doctor sends me to get a Functional Capacity Exam, that my Vocational Rehabilitation Counselor and OWCP said I had to go to, and now OWCP is sending me to get another FCE with a doctor they pick out. It is a lot of frivolous spending on their part, and then they have to pay for mileage for you to go all these places. But in the long run, I guess that if OWCP can get even one injured person off their rolls by using their paid off puppet doctors then they have accomplished their real job. Snowed, you and Ed may be right about my OWCP check be a little less due to health and life insurance. I have noticed that my postal pay stub for LWOP has had an negative amount listed starting this year and I think it is for health benefits. I still can not see where my SSD check has been reduced even though I did give them all the information when I applied. They never asked for the amount of OWCP that I am getting. MY SSD approval was based on a different claim than the claim that OWCP is paying me for being on LWOP right now. Snowed, thanks again for your insight. Keep up the great work. -- I am using the free version of SPAMfighter. We are a community of 7 million users fighting spam. SPAMfighter has removed 2360 of my spam emails to date. Get the free SPAMfighter here: http://www.spamfighter.com/len The Professional version does not have this message ------------------------------------------------------------ From: Me Time: 03:40 PM Snowed... great info....19864... i printed it off for because i may need it someday.... i got this problem for consequantial injury... i had a hearing...was sent to a secop....CE called me and said it was going to be accepted and then when i got the letter it wasn't... i felt the secop pretty much confirmed my diagnosis and also stated work related....CE, sent secop a follow-up letter and secop now says he didn't find diagnosis and so not work related...WTF... first he says one thing and then another..I appealed denial....had a phone hearing... Hearing officer wanted a more detailed narrative.. this has been going on since 2006....i guess hearing officer is going by the rules, just my dr has written numerous reports and everytime it is not good enough and they want more...seeing my dr on mon hopefully he can do one more report and then if it is not good enough i will appeal it all the way to ECAB... more than likely owcp will have to send me for a 3rd opinion dr.... any opinion on what more i can do please post your comments... thanks ------------------------------------------------------------ From: Charles Babb Time: 06:01 PM Dirty Dave, Glad to see that you are still alive and kicking. Do you still have the little quizes you used to post on fedworkerscomp. A fairly good number of us do miss Barb and Pauls site since it unexpectedly closed shop. Don't think you will remember since it has been so long ago but then I had 2 claims have another claim for carpal tunnel (3 surgeries). I still have the ergonomic chair that OWCP bought along wilh the king size tempuredic mattress they bought. I am still in the rolls and they tried to put me out into the real world but 2 of their Dr's told them that they couldn't find anything that I could do out therebecause of all ofmy restrictions.. If we are allowed to leave an address ornot but I will try it anyway. If you are still in OKC I wouold love to take you out for a steak at the Cattlemens ( heard it was really good) when I come out to see Dr. Ellis. Keep it goin Charles aka Sunny Beaches usbadds@yahoo.com ------------------------------------------------------------ From: Ed Daniel Time: 06:52 PM Charles Babb: Are you saying that FedupFeds has closed thier web site? ------------------------------------------------------------ From: DirtyDave Time: 08:15 PM Charles Babb: good, no "Great" to hear from you. Cattlement's has evolved into a new owner since the original owner died but they still cook a mean steak and baked potato. Too bad about FedUpFeds. They may have worn themselves out with their never ending: "the OWCP is at fault for Everything" line of thinking. I am separated and still on the periodic rolls unless legislation is passed which would presently become my own personal "Achilles Heel." You sound good. Many of the people on this site don't truly know the "Old Me" and I no longer post Quizzes. Great to hear from you. I have my own website at http://www.Quicktopic.com/43/H/DrXSA7yuDY25d . Visit me soon! ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT --QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-16-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: Injured Time: 10:49 AM Snowed.... Do you think that if and when i'm forced to return to work within the new restrictions that he imposed on me, which will aggrevate/exacerbate my current i njuries that that can be considered "harm to me"? Injured ------------------------------------------------------------ From: Snowed Time: 12:23 PM Injured- Yes, I believe it can but you would have to have a good lawyer. I might try writing your doctor. Tell him you feel his new restrictions will harm you if you are forced back to work in the capacity prescribed. Ask that he again request a FCE. Maybe your private insurance will pay for it if you have a formal denial. I would try a kind letter first with the hidden, gentle implication that he could be liable. Put it in writing and CC your attorney(even if you don't really have one.) Maybe he will think twice about his recommendations. ------------------------------------------------------------ From: Snowed Time: 12:32 PM Injured- If the letter is well rationalized, I might even CC OWCP. That way you document in your file your concern for your own health. OWCP is "supposed" to protect your interests.....something to think about??? ------------------------------------------------------------ From: birdcat Time: 01:03 PM Snowed and/or Jesse Slade, Update: I'm still out on NRP and LWOP on workers comp. I will be out one year in june. I have not yet applied for OPM disability retirement as I am awaiting narrative reports from doctors. I did get approved for SSdisability and am now getting checks from them as well as from owcp. I notified owcp about SSD and so far they only reduced my owcp compensation by a few dollars. I think the reason for the small reduction might be that SSD accepted me for a different claim than the one that I am using for getting my owcp. But, both claims are accepted by owcp. On 1/13/2011, I had to go for an owcp mandated second opinion with Dr. Charles Mitchell. I've requested my file and that info from owcp on a disc but have not received anything so I do not know how that exam went. Now, Yesterday I received another notice from owcp requesting me to go to another second opinion doctor. This doctor is William P. Osborne and the paperwork indicates that it is for an FCE. Today, at my treating doctor appointment I informed him of the FCE and he said he knew of Dr. Osborne and that he is an "insurance whore. " He said that he is used by insurance places a lot. I remember Jesse Slade posting that he could look up doctor problems. Do you know anything on him? I just had a functional Capacity Eval. done 9/30/2010 that my treating doctor ordered. It did result in my restrictions being increased. As a consequence my voc. rehab. process was put on hold. Any way right after I notified owcp that I was receiving SSD I had to fax them proof and state what the accepted condition was. The next thing that occured was the notification to go to the FCE on 3/3/2011. Birdcat ------------------------------------------------------------ From: Ed Daniel Time: 01:06 PM Injured: I will not address your concern about whether you can or cannot sue a doctor. I will address the situation of when you return to work. If OWCP has determine that your accepted condition has resolved and you re-injured yourself, you need to file a notice of injury (CA-1 or CA-2). If OWCP has determined that you still have residuals of your accept condition and you are capable of performing some type light or limited duty and you have an aggravation of your preexisting accepted condition you need to file a new claim (CA-1 or CA-2). DO NOT FILE A RECURRENCE OF DISABILITY. ------------------------------------------------------------ From: Snowed Time: 01:59 PM birdcat- I hope Jesse will chime in for you because that is her expertise but I can tell you that SSD is the one that gets reduced when you are under age 62 not OWCP. You should have disclosed the fact that you are receiving OWCP wage loss with the SSA. I do know that OWCP can not just doctor shop with these second opinions. ------------------------------------------------------------ From: Snowed Time: 02:09 PM birdcat- Your OWCP reduction might be for increased FEHB insurance. ------------------------------------------------------------ From: Injured Time: 02:10 PM Ed Daniel...Snowed.... Thanks for the info. I will send a "kind" letter to my dr and cc owcp regarding the concerns of my restrictions. Injured:) ------------------------------------------------------------ From: ann paul Time: 03:10 PM Snowed - And the hi three is my current hi three? Big difference from yr 2000. On Wed, Feb 16, 2011 at 12:04 AM, QuickTopic daily digest wrote: > ------------------------------------------------------------ From: Snowed Time: 03:22 PM ann paul- Yes it is! ------------------------------------------------------------ From: Ed Daniel Time: 05:04 PM birdcat:The new increase for HB and OLI premiums go into effect on the first full pay period. Those increase should have been reflected on the last Periodic Roll check. ------------------------------------------------------------ From: Jessie Greer Time: 05:10 PM Snowed, Thanks for the input. I did in my online application disclose to SSA about my OWCP claims: I provided claim numbers, claims examiner contact info and medical conditions. I figured they would contact OWCP/DOL since I had to provide them with the contact info. I have not received any info from Jesse Slade. I did post this on the other site yesterday but no response. I'm signing off for now as I have a 5:00 doctor appointment. I am worried about the OWCP request for a new FCE. -- I am using the free version of SPAMfighter. We are a community of 7 million users fighting spam. SPAMfighter has removed 2360 of my spam emails to date. Get the free SPAMfighter here: http://www.spamfighter.com/len The Professional version does not have this message ------------------------------------------------------------ From: Snowed Time: 09:25 PM birdcat- I checked ECAB and could not find negative info on Dr. Osborne. Since Jesse is not around I will quote a recent post of his. It is a long one but great. I am posting in its entirety even though some of this may not apply. "Okay, an assigned nurse or a field nurse is a voluntary program. You do not have to deal with the nurse if you don't want to. On the other hand, you may find your nurse helpful and may want to cooperate but on a limited basis. Let's backtrack for a minute...first, sometimes these nurses want you to sign a very broad release. Basically it gives them access to your medical records from birth. If you're cooperating with the nurse, then you may want to create your own release that limits the information that can be given to the nurse. For example only medical records pertaining to your OWCP injuries. Second, something happened between your nurse and your pain management doctor. The doctor went from no way to here's the release. This makes me think there was some sort of intimidation or threat. If it were me, I'd start with a letter to any medical personnel you have regular contact with. The letter should state that no medical records are to be released to Nurse's Name without my express written permission. There shall be no private contact with Nurse's Name without my attendence...like that. Whatever it is you want to limit the nurses contact with. This way your physicians have to have your permission before just giving the nurse what s/he wants or you're there when these private conversations go down. If they do it anyway, it's a Privacy Act violation. You should do this today. Again, if it were me, I'd bring a tape recorder with me to any meeting with the nurse. No tape recorder, no meeting. OWCP's doctors and nurses will protest this, but if you stand your ground they give in. This way you have a record of what was and wasn't said. If they don't want to be recorded, why? Are they going to say something they don't want on the record? You should also talk to your physicians. They need to be aware that their opinion is valid even if OWCP's personnel is saying it isn't. If they believe in their medical opinion, they should stand by it. They need to know there is no such thing as OWCP jail. If their opinion differs from OWCP's, so be it. That's just the way it is. The doctor can tell OWCP's nurse to get out of his/her office. The nurse doesn't rule your doctor. Doctors, like new claimants have a certain amount of fear. You kind of got yourself stuck with this FCE. If OWCP has directed you to attend, you MUST attend. You should NOT take medication prior to the test. OWCP directed FCE's are different than regular FCE's since they work just like any other secop or IME. The name of the game is to keep getting paid by OWCP and they will write whatever it takes to keep getting that big fat check. As a disclaimer, I'm sure there are some that do the right thing, I've just never dealt with one. You should not sign liability away. You shouldn't sign anything saying if they hurt you you don't hold them responsible. People can and do get injured by FCE's. If you are injured during your FCE, you should go to the ER and get it documented and then file a consequential injury claim with OWCP. You will feel poorly when the test is done. If someone can go with you, that's great since they can drive you home. If a claimant stops the test due to pain, it may come out in the report as refusing to complete tasks or not giving a full effort. They should tell you prior to the exam that you can stop at any time, but sometimes that comes out badly in your report. If OWCP determines you didn't make a good faith effort or give a full effort, they'll set up a second FCE and it will come with threats. A physical therapist assistant cannot control any of your FCE other than taking blood pressure, etc. If a physical therapy assistant controls any of your FCE it is invalid. If a PT assistant gets involved in your FCE, let them. Also FCE's are normally done by a physical therapist, if yours is, consider yourself lucky. A physical therapist is not a physician under the Act. We can't use them and neither can OWCP. If the FCE is not signed off on by a doctor, the results can be fought if necessary. OWCP is beginning to figure this out, so it's hard to say if there's a doctor involved in yours. If I'm ever sent to another FCE I will be recording it electronically. If you have a video camera and a friend or relative that can attend the FCE with you, you may want to consider filming the FCE. You would need to write to your CE and the nurse and notify them of this PRIOR to the exam. You should cite the Supreme Court of the United States; "We also fail to see any reason why an electronic recording examination would in and of itself impede an examiner's ability to conduct a fair and complete examination." Jacob v. Chaplin 639 N.E.2d 1010 (ind 1994). Filming IME's and FCE's is being used in State work comp systems quite a bit and it has helped to control the bad reports of these doctors. If you film the exam, there's no question what you did and didn't do what you did and didn't say and can be used to your advantage later if needed. The person who films should not speak and should not turn off the camera for any reason. If you decide not to film it, you should still take a tape recorder to have a record for your side. If your nurse attends, it would also capture his/her behavior at your exam. As a note, you can tell the nurse s/he cannot attend your FCE. If you allow them to attend, you can confine them to the waiting area. You do not have to allow the nurse into any examination. Remember, a field nurse program is voluntary. Unlike a secop or IME, OWCP does NOT send any medical records to the FCE examiner. You should copy the medical reports, test results, etc that you want the examiner to be aware of. You should make a list and send it to the FCE examiner PRIOR to your exam. You should not make any comments. Only that these are the medical records for OWCP claim number...date of injury...and then list out the date of the document and who wrote it or what test result it is. You should send this to the examiner delivery confirmation or certified mail so that there is proof they were supplied with these medical records. ONLY medical evidence should be sent to the examiner. If they receive medical evidence, they have to review the medical evidence. If you make comments, etc this can be seen by OWCP as impeding the examination. Once the FCE report is in your hands, I can give you further information. Not everyone knows, but the 6th editions of the AMA Guides does not just cover permanent impairments. There's also a 6th edition of the Guides to Functional Capacity Evaluations. According to this book, most FCE's are not valid. If you had to fight, I'm almost positive there's something there you could use. It's avaliable everywhere, the AMA, Amazon...if you want to take a look. If need be, you can file a complaint against the physical therapist through the physical therapy board of your state. If it's done by a doctor, through the medical board of your state. If it's going to be done by a doctor, you may want to post the doctor's name to see if anyone else has had experience with him/her. It's also helpful to make an appointment with your own doctor as soon as possible after the FCE. You will feel the effects of the test and then your doctor can report on those effects shortly after your exam. Within a week of the exam would be great. If you haven't already done so, request a copy of your OWCP file under a Privacy Act request." ------------------------------------------------------------ From: Snowed Time: 09:33 PM One thing I would recommend in regard to the FCE...if you are in more pain than usual after the exam, I would get it documented that day by going to the ER or urgent care. I don't trust many urgent care centers though because they are often under contract with the USPS and can be "influenced." I like the ER. I would go and state that you have a pre-existing injury that was aggravated by a FCE and get treatment, the SAME day or within 24 hours. This is a valid new claim if you need it as the FCE was approved or ordered by OWCP. Get the documentation because if you wait a week it will be harder to prove if you need to. ------------------------------------------------------------ From: John828 Time: 10:00 PM Can you email your CE? Any rules prohibiting email contact? ------------------------------------------------------------ From: Snowed Time: 10:25 PM I have never seen a rule regarding this. Good luck getting the e-mail address. ------------------------------------------------------------ From: John828 Time: 10:51 PM Snowed, I have it. CE simply will not return repeated requests for return call. Email may get attention. ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT --QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-15-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: ann paul Time: 11:11 AM Snowed - I haven't posted for a while - I'm coming up to one year on NRP-NWA: My grievance was sent to NRLCA Nat'l on Oct. 7 at Step 4. Union has apparently not sent it for arbitration yet.(Good case - well documented - I expect to win.) Can I expect the P.O. to separate me on the anniversary (March30)? I am eligible to retire but only have 15 years full time in. I plan to go out on Disability Retirement for a year before retiring. Question: - Will the Disability Retirement be based on my high three from the year I was hurt (2000) or salary today. Would my regular retirement be based on my hi 3 from the year I was hurt or salary today? On Tue, Feb 15, 2011 at 12:06 AM, QuickTopic daily digest wrote: > ------------------------------------------------------------ From: Snowed Time: 11:20 AM Hi ann, good to see you back. Since you have a grievance in I do not think you will be separated yet. Separation is not automatic and it takes time...first they notify yo u of intent to separate...then if you do nothing to appeal then you are separated. When you do apply for disability retirement and are approved you are retired. There is no other retirement to take. You will get 60% of your high three for first year and then 40% until you are 62, which will then convert to regular retirement.(you get credit for those years on DR) Your high three continues to escalate if you are on the rolls and collecting OWCP wage loss. They use your full salary even if you do not earn it. ------------------------------------------------------------ From: Snowed Time: 11:43 AM Injured- You can always sue your own doctor IF he commits malpractice. Talk to an attorney, but I suspect unless you are harmed by his actions you will not have a case. It is good to keep documenting and I would talk with a lawyer for advice if you are serious. ------------------------------------------------------------ From: kat3 Time: 01:35 PM Hi everyone, hope I'm doing this right. I just have a question regarding an EEO I'd like to file. I'm a rural carrier, limited duty for 8 years, 9 2499s, and this latest is requiring me to push a pushcart (38 lbs empty) over rough terrain. I have a 20 lb push/pull/lift restriction from a referee exam a couple of years ago. USPS states that they've measured the push force factor on level ground and an incline and it comes under the 20 lb restriction. But they have not, nor will they, come and measure the force required on this particular route, including going up curbs. Can I request that they do measure this under reasonable accomodation? I've refused to push the cart believing that it's outside my restrictions. Does anyone have any information regarding being forced to work outside restrictions when USPS is lying about said work? How do you prove it? Thank you! ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT --QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-14-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: Snowed Time: 09:08 AM GO TEAM! Keep the comments and letters flowing.... ------------------------------------------------------------ From: Snowed Time: 10:36 AM FYI- Your high 3 stops they day you are separated, not the day you were injured or stopped working. ------------------------------------------------------------ From: Injured Time: 08:17 PM Ed Daniel.... Is there anything within the OWCP regulations that state that I cannot sue my (BAD) doctor for malpractice. Remeber my doctor increased my workload by 3x what my previous 4 doctors had prescribe, there is no way that I can do the work as it will aggrevate my condition. Snowed.. I went to your link and voted... Injured:) ------------------------------------------------------------ From: Snowed Time: 09:39 PM Way to go Injured! ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT --QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-13-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: john999 Time: 12:16 PM Considering that radical republicans would like to cut veterans benefits, SSA and medicare I think OWCP wage loss is in the crosshairs of these budget cutters. I would still keep my wage loss over OMP as long as I could. Radical republicans have convinced many Americans that all federal workers are lazy and worthless, so why support injured ones? Remember that when you vote. ------------------------------------------------------------ From: Snowed Time: 07:37 PM Hey all, getta move on! It is so cool. You can see the arae of the country that the comments come from. So far just two. There is no excuse...I am watching for you! And all you OK people, your senator is on this committee!!!! https://www.popvox.com/bills/us/112/s261/report#state=NY&distric t=26 ------------------------------------------------------------ From: Snowed Time: 07:40 PM for some unknown reason you have to copy and paste that link. ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT --QT------------------------------------------------------------- Messages for the topic "Injured Postal & Federal Workers" for 02-12-2011. Reply by email or visit http://www.quicktopic.com/35/H/gdheSZgbF5c ----------------------------------------------------------------- From: DirtyDave Time: 04:04 AM I would like to see a realistic accounting and breakdown of the FECA claimants on the Periodic Rolls. I don't think I would take someone's word on something quite that close to home, since I myself have been on the Periodic Rolls since 2003 and am still, even after the post office did me the favor of separating me. I am legitimate so anyone who takes exception may: "Rave On!" I think anyone who is over 65, yet fully vested, would receive less money in their retirement than the compensation afforded by the present laws. I hope they leave it alone. The Periodic Rolls is NOT Porkbarrel Legislation "gone bad." An OBJECTIVE look, to my own personal satisfaction, would demonstrate that claimants who abuse the present implementation are rarer than Good Doctors. I haven't met but one person in 29 years as a FECA claimant who ever looked for forward to the opportunity to have FECA claims and receive Worker's Compensation. This same person went into the Army with the intention of "leaving with a lifelong disability check!" He managed to do both. He is Medically Retired and draws a Military Disability and I believe something else. He can have it. I would be happy to be my former self minus all of my claimed and accepted injuries. What I know about Worker's compensation just sort of happened to me as I never "planned" to need to know anything about it. Funny Thing, this Lady from Maine, being an elected official also makes her "FECA Eligible." She is probably entitled for life having been elected but I believe without question, this is her LAST term in office. I'll just to have to do whatever is necessary, just like I tell everyone in dealing with their FECA claims. I take my own advice. I believe we will all be Okay. REspectfully, Dave Kirtley DK/DD ------------------------------------------------------------ From: Snowed Time: 10:00 AM I have less of a problem with Sen Collins bill if the injured would get the enhanced annuity until full retirement age and their HIGH 3 be allowed to increase by the pay they would have received if not injured. It is such a farce that she is telling the public that claimants would get their full retirement. This is not part of the proposed bill. She calls being eligible for OWCP a "perverse" incentive. She needs to hear from the truly injured. PLEASE take the time to post your stories and/or mail them a letter. When you post your story/comment will be sent directly to your congressman. Too bad I lost mine at this critical time,(Rep Lee) so I will write to my senators here in NY. They will be the first ones to vote on this bill anyway. ------------------------------------------------------------ From: suite Time: 10:48 PM I had acdf surgery in 1992 as a result of an on the job injury. I had an orthopedic surgeon as the physician of record in 1992. The orthopedic surgeon did not do the acdf surgery. A neurosurgeon did the surgery. My case has been closed for years. The cervical area is now giving me many problems. I want to see the neurosurgeon that performed the cervical surgery for my current cervical problems. Who is considered the physician of record, the orthopedic surgeon or the neurosurgeon? Since the case file is closed, do I need authorization to go to the physician of record? ------------------------------------------------------------ From: DirtyDave Time: 10:49 PM Snowed is right on target. don't sit idle. Write your complaint to the media and anyone else who could help us place this poor piece of legislation on the back burner. I would lose a great deal of income. I can never pass a physical and my numerous problems make me completely unemployable. Who is this lady looking out for? Respectfully, Dave Kirtley DK/DD Quictopic.com/43H/DrXSA7yuDY25d ------------------------------------------------------------ From: Snowed Time: 11:36 PM suite- You need to request that your file be re-opened due to new medical. Since you already were treated by your neurosurgeon, you do not need authorization. ------------------------------------------------------------ _________________________________________________________________ To unsubscribe: http://www.quicktopic.com/35/X/gdheSZgbF5c Start your own topic in 20 seconds: http://www.quicktopic.com |QT