We have a client who was rated at a 50% impairment by his doctor for his lower extremity injury. The District Medical Adviser at OWCP states that our client should only receive a 2% impairment rating but it should be rated at 50% if arthritis ever gets approved. The difference between 2% and 50% for this employee is the difference between a four figure tax free monetary award and a six figure tax free award. Needless to say we fought to include arthritis as part of the claim.
We eventually had to go to ECAB to show that either the arthritis was pre-existing (and thus it should be including or the doctor stated it was made worse and the arthritis should be included. We didn’t care which of these was found as either way the arthritis would be included in the award. ECAB found that the primary treating physician made the argument that the arthritis should be included and OWCP needs to respond to this.
The frustrating part both for us and the client, is that it has taken almost a year for OWCP to acknowledge what they were supposed to do from the start. There is no punishment for having them wait a year and I suspect in a similar circumstance they will make the same argument again even though it is an incorrect argument.
Having said all this, for the amount of money on the line, you bet we’ll fight for that extra 48% to be included.
If you receive federal disability from opm, who desides what percentage of owcp one would be untitled to. Do you have spesific case i can refere to?
You can get an impairment rating using the 6th edition of the AMA guides. Generally, OWCP will review that report over with a District Medical Adviser or a second opinion examination. You should be able to refer to the Procedure Manual at https://www.dol.gov/owcp/procedure-manual.htm.
Can you get a schedule adward PTSD
Unfortunately, you can not get a schedule award for an emotional condition. There are specific parts of the body that they will accept schedule awards for. See here:
https://federalesquire.com/schedule-awards-and-weeks-of-pay/
If PTSD is approved, they will pay for all medical treatment related to the PTSD, including co-pays and deductibles. They will also pay for wage loss for time off work due to the PTSD.
If I have had scheduled awards from knee surgeries in the USPS and now I am retired and may need knee replacement on that knee, can I get a reevaluation of a scheduled award?
Yes, you can always get an increase in a schedule award if your have a higher impairment. It may not be higher though so that is a risk you always take.
I am on Owcp workman’s comp, for left shoulder rotator cuff repair. I now am cleared for surgery to replace left shoulder. Can I receive increased impairment rating after mmi
You can, but you should wait until after you are either back at work or on retirement as you are likely to lose your wage loss while you receive the award.
would it be beneficial for me to go off workmans comp, and back on opm retirement
I have been on workescomp since 1994 for my left thumb. Now in 209 owcp accepted the injury to my wrist (same hand). I was paid 55% schedule award for my thumb in 1998. In 2020 their doctor gave me a 30% rating for my wrist. Would that rating be for an increase award because it is the same hand and using now the 6 edition?
Please Email me also.
They’re supposed to use the same edition that they originally used, so if it was 5th before, it should be 5th now.
50% for your thumb I have a piece of wire holding my thumb together and they only gave me an 8% rating! 😡 that’s BS and I had my surgery March 2018 I need HELP
Excellent article. I absolutely love this website.
Thanks!
my blog post casino online terpercaya
I sent a letter to Attorney Daniel Shapiro regarding an increase for my scheduled award on my OWCP workman’s comp claim and they referred me to you. They also stated that they forwarded my letter to you but it has been almost a year so I’m assuming you can’t help me either. I also sent a letter to an Attorney Steve Barszcz who said they could not help me with no explanation as to why so I’m wondering if it’s because the claim is so old. It was filed in November of 2005 and I received a scheduled award in 2009. Kind of sucks for me that I can’t get any answers from anyone. I also have another question about another claim I have that I want to file a scheduled award for and since I am a retired Civil Service employee is it the same form a CA7? Thank you for your time. Kind regards
I’m not sure I have seen the letter, but know that you would file a CA-7 whether you are retired or not.
Call my office at 213-687-3100 and we can set up a consultation to speak.
Hi, How long after 1st scheduled award can another be filed for same injury given injury has worsened?
There really isn’t a time limit. But you do have to show, with medical evidence, that your injury is now worse than where it was before.
I’ve been medically retired due to an on the job injury. My impairment rating was 5% just recently increased to 8%.
I don’t understand why ît isn’t 100%, seeing that I cannot work, and the pain is chronic. Why isn’t it higher and what should I do? it’s my right arm & hand btw, and I’m right handed. thanks
The impairment rating is based upon the actual impairment to your extremity, NOT how it affects your ability to work or your pain level. It’s not fair but that’s what the award measures.
If you cannot work, you should be able to get paid for lost wages though.
how would I go about being paid for lost wages? I haven’t worked since 12/19. I receive an annuity for medical retirement. thank you
In general you need to file a ca-7 along with medical evidence you can’t work because of the work injury. But there are pitfalls if you are receiving an award. Additionally, you will have to elect NOT to get your disability retirement for that time period.
If in 1994,OWCP only accepted my left thumb, and in 2009 finally accepted the injury to my wrist also and my lost wages was based on a job that is out of my medical restrictions,along with accepting my wrist. How can I get OWCP to increase my lost wage earning capacity dated back to when the decreased it 22 years ago. They made the error and refuse to correct their error.
You can do an appeal and have it go to ECAB and a judge can do a determination.
Can you please tell me about the process after DOL has received everything they need? Dr gave me 7% impairment rating. I sent Dr. report and all other paperwork to DOL in Oct 21. I called them, but didn’t get a good answer when I asked what’s next. Do they have to approve it? How long do you think it will take?
Generally they send the report to one of their doctors, a District Medical Doctor (DMA), and either take that doctor’s approval of what your doctor stated, go with what the DMA opined, or send you/your records to a second opinion examiner. This takes a bit of time, but they should have sent your information to a DMA at this point.
Can one receive more than one schedule award for the same injury?
And does one file a CA-7 schedule award or file for early retirement/disability?
Thank you in advance
Yes. Once the award has fully been received, you can apply for an increase if your injury gets worse over time.
You can file for both a ca-7 schedule award and disability retirement at the same time. The one thing you can’t do is get a schedule award AND wage loss at the same time.
The second opinion doctor gave me a 0 for my rating . I have had 2 surgeries. Anterior lumbar fusion and si joint fusion from and on the job injury. Lower back pain and trobbing pain going down my leg that I still have. I’m receiving interm payments from opm . Will I get a schedule award even though I still have pain in my leg and lower back pain. With an 0 rating .
Yes, it is possible. The second opinion doctor doesn’t get to decide the result. If your doctor counters with equivlanet evidence, everything should go to a referee doctor who is independent and will make a final decision. Call our office and we may be able to assist with this.
Hello, I was injured at the PO in April of ’88. To date, I have had 12 L hip replacements due to that injury. OWCP accepted my claim and paid for approximately nine of those surgeries. I’m now facing a femur transplant/possible amputation of my L leg. With no NOTICE OF CLOSURE ever sent to me, I recently found out my case is closed. My Dr. has sent a letter, to no avail. About 15 years ago, my previous Dr. sent in an impairment rating of 50% whole body. To date, I’ve NEVER received any compensation. I was given a medical retirement in December of 2002. I have no idea where to turn. Thank you for any assistance you can give.
Hello, we can help you out with this. Please call my office at 213-687-3100 and we can help you get an award.
The supervisor CE shot down the dna report three times. This last time the actual CE had calculated my payments and told me it would be deposited the following Friday. The reason for previous rejection, I was told , that the dma was not using the correct reference. This was frustrating so after the second time and four months into the back and forth between the CE and dma I contacted my congressman. Actually the ce advised I do that (it was his super rejecting the claims, he tried to submit payment twice) after the third attempt by the dma all seemed well. I was assured of the payment but at the last minute the supervisor deletes the payment and writes a letter stating ALL INCREASES in schedule award rating are required to have a second opinion: if that’s the case why didn’t my clinic know that? Why didn’t the CE know that ? If the super knew you hat why didn’t they state that four months ago when they rejected the claim. I’ve record on ecomp of my several inquire regarding the claim. At no point was advised of this. I was given an erroneous and maybe even maliciously false answer every time. Does anyone know if that is an actual rule or
I’ve never seen this as a ‘rule’, it may be an internal policy. Either way, your claim should NOT Have been delayed because they weren’t aware of their own policy. We’re happy to assist and help move your claim forward.
I
i received a schedule award back in the early 90’s for meniscus tears of the knee.I now need a knee replacement. I called and OWCP tells me they have no knowledge of my case. I have the original case number with my medical records, can I file another schedule award for this injury?
Yes, if you have some documentation showing your claim number and anything from OWCP with it should be relatively easy to get this fixed.
Also, you can file for an increase in your previous award. If you like, you can call us and we can assist with any of this.
I’ve had both shoulders fixed in 2019. Received 13 % and 11 % rating on each shoulder. I received my schedule award in Feb 2021. I’m back at work and now my shoulders are hurting again and my range of motion is terrible. I’ve reached MMI IN SEPT 2020
1. Do I have to go see my dr ? Even though he doesn’t do the owcp required rating
2. Should I see the owcp rating dr that gave me the 24% rating
3. If I submit for a schedule award and my rating decreases somehow would I have to pay any money back ? Thanks
1) No you can see another doctor for treatment if you want, or you can see anyone you want. However, OWCP will only pay for your treating doctor. There are ways to change your treating doctor. If you are talking about getting an increase, again you can see any doctor you want.
2) If they did a good job, it can’t hurt to see them again.
3) They have made people do that, it’s relatively rare but I’ve seen it happen.
I have been on Workmen Comp since 05/2020 for an on the job injury which led to R/hip replacement, L4 -L5 Lumbar Fusion and my Dr is in the processing of getting approval for an Laminectomy from L2-3 due to continued pain from my hip replacement and aggravation of spinal Arthritis, Spondylosis & severe sciatic nerve pain, numbness, tingling, burning in both legs, my OPM Retirement was approved in Apr 2021 however I was told that it would be best to stay on Workmen Comp until I’ve reached MMI. Will I be able to request (or entitled) to an schedule award although I’m receiving my military retirement, va dis and workmen comp? As well as my SSDI since I have been classified as cannot work………
I
You were told right in the sense that you should stay on workers comp until you’ve reached MMI. Military retirement and SSDI shouldn’t be an issue, but va disability might if it is the same part of the body. If it is, we can discuss the ramifications of how to deal with that situation.
I received separate ratings for each lung by a physician using the AMA guide, 6th Edition. Will I receive a SA for each lung separately or just one award for both?
Also, I received separate ratings for each leg and foot. I keep hearing about a “lower extremity” rating SA? Will I receive SA for each foot and both legs or just two for “lower extremities”? How many weeks for each “lower extremity” for the calculation?
Once the second “opinion” visits are complete how long generally until the SA are paid?
Thanks.
Each lung will grant you a certain number of weeks of pay for a schedule award. While you get paid for each lung, they may pay you both under the same award at the same time. You can request a lump sum at a discount.
You can get a rating for the entire extremity, they don’t separate it by a foot and a leg. In your case, it would be a rating for each lower extremity. Lower extremities pay 288 weeks if they are 100% impaired, but most likely you will receive a percentage depending on how impaired the extremity is. Additionally, you multiply that by 66% or 75% depending on whether you have any dependents or not.
As far as how long, if both your doctor and the second approve and the DMA approves, you should get paid relatively quickly. If there is a discrepancy, they may send you to a referee doctor and this can take time. At the very least we are talking about a few months for the former, and could easily be over five months if there are discrepancies.
I’ve been on workmans comp since June 11 2021 due to a wrist injury. I am NAF fed employee. I was diagnosed with carpal tunnel after a nerve test and was told by a sharp doc I needed surgery and should consider looking for employment elsewhere. The orthopedic doctor I was referred to gave me steroids instead. I could barley move my hand for a few days and was in so much pain. My wrist hand and arm feel weak and swells. I am scheduled to go back to work Monday. They are accommodating me at a teen center. I have an appt w o throw Wednesday and I am afraid that they’ll be giving me another round of steroids. If my hand hurts after work an I covered for the call out? I know my hand/arm will be out of commission for a few days after the shot… am I covered for those days if I am not able to work due to the pain? Also, I am being accommodated at a farther center which I will be grilling on to the steering wheel longer in standstill traffic since my time was moved from 6-3 to 10-7. Am I able to ask for my old shift? I am very grateful that they are able to accomadate me but want to know my rights
So your question is a bit detailed and applies to NAF rules rather than FECA which is simpler. Please call in and schedule a consultation and we can discuss in greater length.
Also, being that it’s a year since I was injured am I still able to apply for a schedule pay? Would I be able to ask for vocational rehab? I work with children, sooner or later I’ll be required to use my right wrist/arm/hand.
An employee is working light duty as a result of a work related injury and he or she has had a scheduled award awarded. He or she retires on an OPM disability retirement and is collecting 60% in year one. Can the employee go back on the OWCP permanent roles even though he ir she has received a schedule award and has retired?
Yes, it is possible to go back on permanent roles.
As far as Schedule Awards go how does DOL OWCP calculate the award? Is it according to your entire yearly salary on your SF-50 (including locality etc) or is it GS 13-10 with no locality? Just like when pay is calculated for CA-7 payments?
It is the same as with ca-7 payments.
Thanks. So GS 13-10 max weekly pay with no locality etc? Is it the 13-10 pay on the date of the injury or date when max improvement was determined? OWCP is not helpful at all?
Hi. So no locality pay? The max is GS 13-10 base? Then divided by 52? If someone is a GS 14 or 15 then they only get capped at the 13 step 10 then?
It gets complicated based upon the individual circumstances. Feel free to call for a consultation.
i
I have been on OWCP rolls since 2008. In 2010 a scheduled award was developed, computated and signed off on by DMA and Senior CE. Since I was already receiving compensation for same injury, OWCP wrote a letter saying keep this letter with your rating and when I retire or go back to work send it back in and it will be paid.
My concern is it is now 2022. The computation and letter are 12 years old. Is there a way OWCP can refuse to pay? I am considering a retirement now that I am of age and would need this money to hold me over until OPM and Social Security kick in which I’ve heard can take months.
They may need you to file again as it has been such a long time. Having said that, your injury could be worse and you could possibly take home a lot more money. You can try to file it and see what happens.
Hello. Once the second opinion exams are finished can you request that a schedule award be issued in a timely manner or can they procrastinate forever.
What if their own SECOP doctor rates you high than your own and rightfully so. Can the claims examiner actually refuse to follow their own doctors recommendation? Do they normally do so?
Who can you contact to actually speed up the process if it appears that the claims examiner just won’t move the process along?
Yes. What they can do is say there is a conflict and send you to a third independent doctor. That’s the usual result that I’ve seen.
As far as speeding the process, you can contact your local Senator or congressperson. You can also contact the regional director.
Hi there. If you file CA-7s for three separate SA is there a DOL-OWCP policy that requires the Claims Examiner to wait for all three SECOPS to be completed before submitting to the DME? They cannot find a SECOP doctor for the third body part and 4 months later the whole process is being held up. I asked the CE to submit the two other body parts evidence to the DME and they refused. What can I do? Can I not just request that two of the three are considered? I did so in writing and they ignored me twice.
That sounds really frustrating. I know of no such regulation where they’d have to wait for all three, there may be something internal. I would write to the regional or district director and/or your Congressperson or Senator. Beyond that, there aren’t too many other options.
If I got a schedule award for right arm/elbow tendon and muscle total reconstruction at 12% but then dr said I have pronator syndromes in the same hand and caused from scarring from the surgery. Owcp accepted the pronator syndrome so can I now file for a rating increase or is my hand considered the same as my whole arm rating. Thanks
So the hand is considered part of the whole arm. But having said that, if your injury has been made worse from the surgery AND if the impairment percentage increases, you may be eligible for an increase in the award.
On July 16th, 2022, you said it was possible to go back on the permanent roles. What was this in response to and how is this done?
It was in response to someone on disability retirement wanting to go back on permanent roles for workers compensation. You have to request it with OWCP and if you are eligible, it should be able to get done.
Hi. Can you please explain the 80% earnings rule of FERS Disability Retirement Pension thru OPM? My agency just is not explaining it clearly.
I make $159,500 yearly including my locality and LEAP overtime pay.
My high 3 would be $144,000
I understand the 60% and 40% pay rule. My question is knowing that I can earn 80% of pay to keep the disability pay then it’s 80% of what?
80% of $160K or $145K. I plan on working from home and I don’t want to lose my pension by easing too much.
Thanks.
80% of the high 3 average. If your high 3 is 144, then it’s 80% of the high 3 average, not what you make when you retire.
Since July 2019, I have been been on WC for an approved workplace rotator cuff injury at the post office.
While doing assigned home physical therapy, unfortunately and painfully, I re-injuring my left shoulder so bad in a fall at home, I was required to have reverse shoulder replacement.
OWCP approved the surgery, PT, etc. as all medical statements aligned with my statements explaining what happened from the beginning. Now, I reached MMI ) yet will never return as a mail carrier).
In turn, OWCP sent me to a orthopedic doctor for a second opinion. I explained what happened to the doctor. He was supplied with over 2,500 pages of medical documents, which included statements from medical staff at the hospital, my doctor and physical therapists. Everything aligned with my statement. Most importantly, it is documented on over 100 pages from these medical professionals that my PT treatment was supplemented with an assigned and required home exercise program.
Even the OWCP highlighted this to the CE.
Out of nowhere, this so-called doctor wrote in his report the reverse – shoulder replacement injury was non-work related because I fell out of a chair. I couldn’t believe what I was reading as he just made it up out of nowhere. There is no mention of even a chair in my case.
My doctor wrote a rebuttal to once again confirm my injury was caused because I was doing the home exercises that were ordered by him.
The kicker is OWCP sent me a Termination of Benefits letter. I wrote a very strong letter, with my doctor’s response, and documents OWCP sent to the second-opinion doctor. From the second I entered the hospital the day of injury to reaching MMI, all medical professions concluded that same as I stated above. I did what I was told and unfortunately, I reinjured.
The second-opinion doctor, paid by OWCP, can’t even show one sentence or phrase from anyone stating I fell off a chair fracturing my proximal humerus. He didn’t even say where this fictitious chair I never fell off was located.
With all this evidence of proof on my end, I still don’t trust OWCP. What should I do if they terminate my benefits based on this fraud?
BTW: I am also out of work due to a workplace lumbar injury that was approved by OWCP in 2018. I still receive medical care for the back injury. If this nightmare becomes reality, do I switch over to the lumbar case? How would I appeal?
There is a lot here. More than I can answer in a comment. Please call for a consultation.
Hi, I previously (over 1 year and 4 months ago) received a schedule award for a rotator cuff injury and subsequent surgery and received at a 14% rating by the DOL. My condition has worsen, so approximately 3 months ago (over 1 year since initial rating) I submitted another new rating of 19% with additional medical records/6th edition rating and a new CA-7, but my case states on OWCP site as still pending?
Should I call my assigned CE to enquire? Also, being that this is a higher rating or re-rating is it DOL’s policy to automatically send me to be examined by a second opinion doctor? Either way I think I’m getting worse with time, but I just want to prepare myself and possibly hire you for your assistance. Thank you.
Hi, yes, it’s worth calling the assigned CE. It’s ‘only’ been three months so it’s not out of the ordinary but it never hurts to follow up. Keep in mind the amount they would pay you is the difference, 5% if they agree with the new rating. Happy to help if you need it.
In 2004 I injured my shoulder on the job and ended up getting surgery. I found out about a schedule award in 2012 and submitted. I was rated at 9% and was calculated at 28.08 Weeks (196.56 days) for period of 12/2004 to 7/2005. The max time for a shoulder (arm) is 312 weeks.
It is now 2022 and I have re-open my OWCP case and submitted for a second schedule award. My doctor has re-examined me and I now have 24% total loss.
1. Does the schedule award get calculated based of the same 28.08 weeks? or from the 312 max weeks?
2. Whatever the 24% schedule award is calculated to be…is the payment from the 2012 award ($27000 @ 9%) deducted from the total?
>1. Does the schedule award get calculated based of the same 28.08 weeks? or from the 312 max weeks?
The schedule award is a percentage based off of the 312 weeks, not the 28.08.
>2. Whatever the 24% schedule award is calculated to be…is the payment from the 2012 award ($27000 @ 9%) deducted from the total?
Yes, the amount you received before is deducted from the new award.
AFFFFAAAA Hello — I just received an impairment rating from the OWCP – DMA for damage to my Heart and Circulatory System caused by Exposure to the Covid19 Virus while working for the Census Bureau in 2020. The medical proof that the Coviid19 caused a heart attack on April 10, 2020 and PCR tested positive at the hospital. This medical proof has been accepted by the DMA. The Heart Attack caused two separate stent operations on April 10, 2020, at Yale Hospital in New Haven CT and another stent operation on May 15, 2020, at the VA Hospital in New Haven, CT. and where not done at the same time because of the severity of the heart attack and because of the Covid19 testing positive.
So, we filed a scheduled award for an impairment rating on March 4, 2022, and the DMA , September 28, 2022, posted that the Claimant is CLASS 3C (32% whole body Impairment). My understanding is that this is a Permanent Impairment. Is that a correct assumption?
So my question is where do i go from here. Is this a lump sum payment such as $2,500 times 32 Points = $80,000.00? and if so what do i have to do to claim it?
Or is this a permanent impairment entitled to compensation based upon some schedule at 32% for the rest of my life?
In any case I am not sure what is the next step I need to do with ECOMP.
Thank you for your time and the capability to submit questions on this Forum
Hello,
There are a few issues here. First, under FECA they don’t give a scheduled award for the heart. Now if that affects other body parts, there MAY be an award. Additionally, they look at individual body parts, NOT the whole body impairment.
You MAY be entitled to wage loss for your injury. Call us and we can see what we can do with more information.
so even though their MDA issued a 32% whole body impairment rating based upon the acknowledge exposure to the Covi19 Virus that caused the heart attack there is no compensation for the impairment. That is what you are saying, Right?
The American Rescue Act has no bearing on this either?
There may be other ways to get compensation but we are talking about FECA, federal workers comp specifically.
OWCP will cover lost wages and all health care related to an injury but not necessarily a schedule award.
Why would OWCP have a DMA issue a whole body award when it is has no value?
We’d have to take a look at it. That is extremely unusual.
Had a schedule award for 9% for left shoulder injury back in 2018. I reopened my case in 2022 and new MMI impairment rating is 10%. The DMA disagreed and said I was still at 9%. What should I expect next? 2nd opinion? Done with schedule award?
They will either send you to a second opinion or send you a denial. Follow up with the claims examiner to see what they do. If it’s denied, you can send in more information for a reconsideration.
Hi. The DMA submitted his report and he concurred with my own physician and the SECOP physicians. I wrote a letter requesting a lump sum. I have a few questions: (1) how likely is the lump sum request going to be accepted? I have my own income and won’t rely on the SA for my bills (2) Is the SA based on my pay on the date of the injury or the date of MMI? and (3) Generally how long after the DMA submits their report and the lump sum is requested does it take before the SA is actually paid? Thanks.
Hellow, RW, chances are if you have another source of income or retirement, there is a very high likelihood a lump sum will be accepted. The pay rate used for the payment of the schedule award is the greatest of the established pay rate (date of injury, the date disability began, or the date disability recurred. I can’t give you a time period, there are a lot of factors. Don’t expect anything to be fast though.
Hello! I was injured on the job October 16, 2020 due to a slip and fall. I injured my right shoulder, left elbow, right hip, concussion and right knee. All of this was on my Ca1. Is it too late to have the right knee added. I meantion knee pain as a complaint when I see my doctor. The second doctor to my surprise stated I may not ever be able to work in any capacity depending on pain management and neurosurgeon. OWCP was not happy with the doctor that they chose opinion.
This one is worth calling us on to see if we can help. Thank you!
The second opinion doctor that OWCP chose stated I may not ever be able to work in any capacity.
Hi. I signed the schedule award lump sum agreement letter. Historically how long before the lump sum is actually paid out? Is it within the same month or does it takes months? Thanks.
From my experience, it generally takes more than a month but not more than 2-3.
Reached out a few messages up:::::
Had my surgery for CT in my R wrist. Prior to that I complained to my CE that my arm was hurting and asked if I could make an appt w my physician. He said yes, tried to make an appt w my doc, doc said they needed approval from CE and would call back. Doc called saying it wasn’t approved. Reached out to my CE and he said the doc said they didn’t think my arm pains had anything to do w free injury to my hand that caused CT. I don’t believe my CE. My first doc was always supportive. The director he referred me to for survey even thought it had to do with my CT. What should I do? Also, should I be applying for a schedule award? I’m an 6 wks post surgery. Thank you.
At this point things are getting a bit complicated. It’s best you call in and we’ll set up a consultation.
My orthopedic conducted an impairment rating and established a 30% impairment rating. OWCP then advised that I would have to go to a SECOP. An appointment was scheduled and the SECP orthopedic specialist also came to same conclusion and gave me a 30% impairment rating. Does the DMA have to accept the percent due to the fact the SECP was a OWCP selected specialist and that there can be no conflict between OWCP doctors. If the CE sends follow questions back to the SECOP and the SECOP’s response are not satisfactory, would I be sent to another second opinion? This could be vicious cycle that the DMA could use to indirectly. lower my impairment rating.
In theory, it should be approved and I would fight them if they caused you problems on it. I’ve seen them cause problems though even after both initial and second opinion agreed. Yes, they can try to play games, but you can fight them on it.
How can I calculate a schedule award for my right wrist?
In general, the upper extremities is based off of 312 weeks of your pay. But that is if the extremity was impaired 100%. So you have to look at the percentage and multiply it by 66% or 75% depending on whether you have ‘dependents’ according to OWCP. Finally, even if your doctor comes up with a percent, you need to get OWCP to agree to that percentage.
I hurt my knee back in 2013 in which i had surgery. over the last 10 years i been having issues with it. I decided to file a schedule award. what I want to know is, in calculating the amount of the award do DOL use the salary at the time of injury or do they use current salary at the time of filing for the schedule award, it’s been 10 years since the injury.
I believe they use the salary at the time of maximum medical improvement. There is a cost of living adjustment that increases the number.
Is there a penalty if the DOL/OWCP does not process a scheduled award within the 180 days they claim they have?
No official penalty.
Injured on 10/20. Went to Dr. to get impairment rating of 7% in 10/21. Called DOL numerous times to see when I will get scheduled award. Case worker or whoever told me that they are backed up due to covid. Called in 11 of 22 and talked to some from DOL who was actually helpful. She said that SA wasn’t processed due to someone coding it wrong. Still waiting for SA , it’s going on 16 months. Any suggestions on what I could do to actually get my money?
If it’s actually being processed now, then you might want to follow up and wait. You can always contact your congressperson or senator for assistance in speeding it up.
Thanks for the reply. I thought of calling my congressperson many times about this, but a national rep from the union (USPS) keeps telling me that it’s not a good idea. I don’t understand.
I was injured in2005, working for PO, l had an impairment rating of 67percent in2009, since then l have had surgeries 2015-2021-2022 in 2015 l had an heart attack, hypertension,but the DMA claims lm still 67 percent in 2023?Can l dispute this?
You can still dispute this, but sometimes there isn’t an increase regardless.
I was injured in2005, working for PO, l had an impairment rating of 67percent in2009, since then l have had surgeries 2015-2021-2022 in 2015 l had an heart attack, hypertension,but the DMA claims lm still 67 percent in 2023?Can l dispute this?
You can always dispute it but I would check with your doctor to see what percent you are at now. 67% is high and those other situations may not have increased it as the rating process is imperfect.
I was rated again @ 71 percent and the dma denied me again..l will appeal it again..l was given a31percent for the right knee but never anything for the right femur which was broken in 3 places..nothing for the right elbow or head injury
. My Doctor rated my right knee at 56% and added my left knee at 10%. My claims examiner contacted me and told me my case has gone to the DMA and will go to her this week to make the payment. What are the chances that the DMA will approve my doctors ratings and I get compensated for those percentages? Is it accurate that Ill know something the same week my claim goes to the DMA?
It’s difficult to say whether the DMA will agree. It depends on the DMA and also how accurate your doctor was in their assessment. It’s unlikely that you will know something the same week your claim goes to the DMA, it usually takes a bit longer than that.
I received a Scheduled Award for hearing loss in 2013. I retired in 2017 and my hearing has gotten a lot worse. Can I reopen my claim for hearing loss? If so, what is the process for reopening the claim?
To reopen a claim, you need to file a ca-7a with a medical report. Either way, you can still file for a new schedule award.
I was injured at work Nov. 2020 as a USPS clerk . My primary physician AND second opinion Dr. both agree that my injured knee requires a full arthroplasty due to ACL and meniscus tears as well as arthritis . My CE has sent usps requests for modified work the last year (!) in lieu of following up both Drs orders of knee replacement surgery . What is my recourse and how do I move the surgery forward or do I apply for a schedule award if they keep delaying surgery … thank you
You can demand they respond in writing on the sugery request. If they don’t, you can either go up the chain of command and/or talk to your Congressional representative. If you want an award, you can tell your doctors you don’t wan surgery right now, and list you as MMI.
Thank you …;)
One follow up question . If the weight of ‘medical evidence’ is with the second opinion Dr I was sent to , is it still proper and reasonable to see my primary physician for consultation, my usual follow up appts, call off notes etcetc .. thanks again
You can always still see your primary physician. As to whether OWCP will cover the medical costs, it depends on what the weight of the medical evidence was considering. Also, you can always have your primary try to make their weight be worth equal to the second opinion examiner so they will use a referee doctor to determine who to believe.
Iph. I was injury on the job 9/04/2021 for my neck I was approved for owcp in April 2022 after being out of work for almost a year. I had surgery for c4c5c6 on 10/06/2022 I went back to work limited duty on 11/06/2022 but my pain have gotten worse in my shoulder left arm down to my fingers. Strength in my arm is weak… Can I get a schedule awarded?
Yes, you should be able to. There may be some issues so it’s better you call us first.
Can I receive a SA from Federal workers comp in 2014. Can I apply for VA compensation for hearing loss from my time in service also?
If the claim was accepted in 2014, it is possible to get one now depending on the circumstances.
Yes, you can apply for an award for hearing loss. If it wasn’t accepted you MAY run into statute of limitations issues, depending on the circumstances.
I incurred a serious injury in late Oct 2020, resulting in extended hospitalization (3 1/2months). In Jun 2021, I was mandatorily retired (I was s special category employee) at age 57. It has now been 29 months since retirement. I am left with a permanent (FECA covered) organ damage and I remain under a continued medical specalist care. FECA continues to cover cost of this accepted claim. My doctors are telling me, my care may have plateau and I am mostly likelier than not, going to remain at the disability / recovery level that I am at in the healing process. At retirement, I opted to pursue SSDI disability vs using FECA retirement disability. My question today is; am I still eligible to file a CA-7 for a scheduled award for my permannent injury and loss of organ usage? Or I am no longer eligible for this action, given I’m now retired? Is there a time line limitation to filing a CA-7 Award request? I recognize the Scheduled Award will impact the SSDI.
So it depends on the organ damaged, but retirement shouldn’t have an effect on whether you can file for an award on an approved injury. We can help you with that.
I suffered an otj (foot) injury on 10/20.
Case got approved, reached MMI, sent in paperwork for schedule award on 10/21. Still haven’t received SA yet. My question is, will they go by the salary I had at the time of injury, when I retired (4/22), or what I would be making now?
They should use the salary at the date of MMI.
Hello
I have been on LWOP since Oct 2022 for asthma. OWCP accepted my claim. However I had to stop work due the job not accommodate me to remotely work at home. Second opinion doctor says I’ve reach Max medical level and would need to work remote. My condition is chronic. Will I get back paid from OWCP? They have not paid me for LWOP due to injury status since the second doctor agreed
You should be able to get backpay. File a ca-7 for that time period.
I recently received an impairment rating of 7% on my left knee with a return to light duty; with permanent restrictions of no squatting, kneeling, crawling, or lifting over 25 lbs. I’ve been on comp for just over a year, and my emoyer has stated that there’s no longer a position available for me. I feel like my rating is too low?
The percentage has to do with your impairment rating, not with whether there is a position for you or how long you’ve been on compensation. Having said that, you can go to another doctor and get a second opinion to see whether the first one was right or whether your injury has become worse.
I completely detached my distal bicep tendon on my dominant arm 12/22 at work. Surgery was delayed until Feb 2023, second surgery needed March 2023. They’ve also now found significant arthritis in that elbow, wrist and hand (through mri for sustained injury). I’ve been receiving OWCP since Feb. Dr does not yet know how long my rehab will be but said best case scenario: 4-5 months. Is that when a determination of MMI will be made or possibly later? Is that something I need to request? If I need to file for disability retirement do I need to wait until that point or should it begin sooner? Or should I forego that and stay on OWCP? When do I consider applying for a scheduled award? What conversations should I be having now to avoid all the delays that occurred in the beginning?
>I’ve been receiving OWCP since Feb. Dr does not yet know how long my rehab will be but said best case scenario: 4-5 months. Is that when a determination of MMI will be made or possibly later?
Most likely a doctor can determine if you are MMI then. You should ask the doctor to request as to whether you are or not, it needs to be in a report.
>If I need to file for disability retirement do I need to wait until that point or should it begin sooner?
No that determination is whether you won’t be able to do the job you were hired to do for at least a year. It’s different analysis than if you are MMI. Two completely separate things.
>If I need to file for disability retirement do I need to wait until that point or should it begin sooner? Or should I forego that and stay on OWCP? When do I consider applying for a scheduled award? What conversations should I be having now to avoid all the delays that occurred in the beginning?
All of these depend on a lot of factors. Call up for a consultation and we can discuss.
Question! I had a spinal fusion on my L-4 -L-5, L-5 S-1 in 2017. Then got injured again at work with the PO. Had another spinal fusion surgery to my L-2-L-4. I am retired as of 11/20. On disability retirement & S S benefits as well.I received an impairment rating of 25% to my lower extremities. Will I receive a scheduled award for each leg, both feet, & all toes. For the impairment rating for a scheduled award? And lastly does my SS benefits stop? I know my disability retirement benefits will stop till the amount is paid off. Ty!
So thy will most likely look at each extremity and see whether after the 2nd surgery your impairment increased. If you were at 25% before and are at 30% now, they will give you an award for 5% (the difference). Without having you go to a doctor it is impossible to tell whether you will be getting an incresae.
You should be able to receive dis retirement at the same time as an award. You should also be able to receive Social Security disability, but there is a maximum of what you can get for both of them.
I submitted a CA-7 request for schedule award in 2015. The OWCP’s DMA confirmed an impairment rating of 5%, also in 2015. Shortly there after, my CE called and asked if I preferred my comp. benefits interrupted in lieu of schedule award payments or if i would rather defer schedule award payments until my lost wage benefits ceased. I chose to defer. I had been on fed. workers’ comp since 2013 through August of 2022, when I retired. I requested commencement of schedule award there after. Now, District 3 PHI Director, Angelo Randazzo has refused to acknowledge the 2015 CA-7. He has even gone so far as to lie to my U.S. Senator stating that I had just submitted a CA-7 last month! DIRTY! My case file shows the original CA-7 and, of course, no record of the CA-7 Mr. Randazzo has alleged. While I have requested further congressional inquiry, I am now scheduled for further medical examination. It has been 8 years since the DMA concurred with 5% impairment. I’d like your opinion on this.
Without having reviewed your file, it’s difficult to comment on this specific incident. But E-comp should show specifically when something was uploaded. There may be options, call us for a consultation.
I received a Scheduled Award for hearing loss from FECA in 2013. Can I apply for VA compensation for hearing loss also from my time in the Air Force?
I would consult a VA attorney to see whether you can still apply for VA compensation after.
I have both knees accepted and both hips replaced as well as l3,l4 and l5 of my spine. I am 628 a week, what am I looking at foe an award?
It depends on what percentage impairment rating you can get. Also whether OWCP accepts your doctor’s rating. But without an impairment rating from a doctor, there would be no way to know.
My payment hasn’t come in two weeks, I’m disputing my rating, would that stop my payments. I’ve received a 9% as a rating and I’ve only received 10 weeks so far. Could you please explain
Trying to increase the rating won’t stop your payments.
There is always a small risk that they look at everything and lower the rating b/c they say they made a mistake before. That’s very rare, but always a small risk. But while they decide what happens you will keep getting paid.
I was approved for both rotator cuffs. I had surgery. I also received a scheduled award. My question is should I have gotten an award for both arms?
If you have impairment in both arms, and both arms are accepted, then yes.
Also, just because you have received an award in one arm, doesn’t mean you can’t in the other.
GOOD afternoon
I currently have a 50% rating for a right knee ACL recon after a fall at work. Arthritis and bone on bone. My doctor is pushing for a knee replacement. I want to know if I get a knee replacement would that increase my rating for additional schedule award?
It’s hard to say without having a doctor give you an impairment rating after. Having said that, 50% is a high rating, so even if there was an increase, it may not be much more. The only way to know for sure is to get another impairment rating.
I just had my second opinion appointment. My treating doctor whom I no longer see gave me a rating of 10%. But, he did this not using 6th edition nor did he explain how he got to the 10%. The new doc increased the rating. He told me his report will go to the medical director and they determine if I’m eligible. Does my original treating doctor see that I went to a new doctor? He treated me so poorly and said my arm is fine and proceeded to fling it up in the air . How long do we have to wait for the actual award if they approve it? I’ve already filled out the CA-7.
I would speak to the new doctor about not sharing the report with your original doctor, but I don’t see why the original doctor would see it nor why it owuld matter.
If OWCP approves the award, you should get paid within a couple months.
Okay, so my MMI date was 7/7/23 with a final percentage of 25%. This was all uploaded to ECOMP so, I’m assuming it has been looked at or is being looked at by the DMA. Now, does the DMA make the final decision on whether I get 25% or does that rating stand since he was the doctor chosen by OWCP to begin with? I take it if I’m approved I should get something in writing in the next month or so.
I apologize for all the questions.
The DMA will give a decision, that is likely not but definitely agree with a second opinion doctor. This can always be fought though if it was decided incorrectly.
What is maximum time owcp dma have to make a decision on a impairment rating
I have never had an issue with time with a dma, but if it takes over 60 days, I’d definitely speak to your claims examiner and move up the chain from there.
I was wondering the same thing. My doctors report was up only a few days after appointment and I have yet to hear anything from my CE or DMA.
I’d contact the claims examiner if it’s over 60 or 90 days after the appointment.
Pwcp is one of the most frustrating govt agencies one could deal with.. I have been on their roles for over 23 years,,they are arrogant, somewhat less knowledgeable of their job. However,if you expect to accomplish anything with them, I strongly suggest as I did gain all the knowledge of the claims examiners and Senior claims examiners and you can take them on,on their level and not have to ask all of these ridiculous questions at this site. Also keep in mind,if the injury you suffered is now compounding you mentally from the response or mis-management of your case,you can file a casual claim for psychological damage,and also a Tart claim whether the knew or unknowing caused you emotional damage,it’s compensable. Stop wondering about your entitlement and going through these sites that try to make you think Owcp is such an overwhelming process. It’s not at all if you read what I call the OwCP Bible. Everything you ever want to know is right there. They want you to give in,or go on retirement which is absolutely not their decision. Remember the word”Covert Intimidation”,that’s their objective even though they have specific guidelines strongly against such tactics,. Good luck,but don’t rely on that!! I probably will never comment to this site again because I just accidentally ran across it because I find it has no information that I am not already aware of. But I hope it can help some of you that it appears truly need the assistance.
Hello,
My treatment physician office said that he did not do impairment rate, how can i learn my wrists impairment rate, can you suggest a Dr I can go to in LA Country , or Orange County if possible, thank you very much in advance.
Hello,
My treatment physician office said that he did not do impairment rate, how can i learn my wrists impairment rate, if possible can you suggest a Dr I can go to in LA or Orange County. Thank you very much in advance.
Sure, please call my office and we can assist.
Hello I had a surgery for tendon repair in my arm 2021. Got and award 2022 at 15% went for increase within the year and was rated higher at 21%. My hand and arm has lost a lot or range of motion since the reconsideration approval in Dec 2022. in my hand and elbow with nerve pain.
When can I go back for another rating exam and award increase.