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Advice
09-21-2011, 06:12 PM
Post: #1
Advice
Happy Wednesday everyone!

I am someone who was new to federal employment and was injured during training. I was sent back to my home of record and placed on light duty. I waited 6 months for my surgery, had my surgery and didn't have a job to go back to.
2 years later I still have an open claim after 2 IME's and no federal job.
I was wondering if someone could offer up some advice as to what benefits are open to me now, or if there are any deadlines I'm missing? I feel really in the dark with all of this and am thankful for any help.

I'm in Oregon.

Imdeming.
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09-21-2011, 08:14 PM (This post was last modified: 09-21-2011 08:15 PM by 1171.)
Post: #2
RE: Advice
federal workers comp program is administered by the US department of labor, Office of Workers Compensation Programs.
if you have been left with permanent impairment from your injury you will be rated by a physician and this rating (given in a percentage of impairment) will be used to calculate additional disability benefits.
the greater the impairment and rating the longer the duration of the benefit payments.
they should be providing medical treatment.
more here
http://www.dol.gov/dol/topic/workcomp/index.htm
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09-21-2011, 08:57 PM
Post: #3
RE: Advice
How do I get that rating information?
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09-21-2011, 11:51 PM (This post was last modified: 09-21-2011 11:53 PM by 1171.)
Post: #4
RE: Advice
(09-21-2011 08:57 PM)Imdeming Wrote:  How do I get that rating information?
if a report was done, you can request a copy of the rating report as well as the calculation from OWCP.
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09-22-2011, 12:09 AM
Post: #5
RE: Advice
Thank you!
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09-22-2011, 12:48 PM
Post: #6
RE: Advice
Just phoned my regional owcp office and they said I have to fill out a new ca-7 which needs to be processed through my agency, which I don't have an agency.
Then I have to get the rating through a doctors visit? Up to now all I've had have been IME's (2). Would the impairment rating have occurred early on in the process? On my sf-50 it says I got 10 points for my disability rating.
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09-22-2011, 01:21 PM (This post was last modified: 09-22-2011 01:23 PM by 1171.)
Post: #7
RE: Advice
no; extent of permanent impairment cannot be determined until the conclusion of your recovery.
Ratings are done when/if total recovery is not possible.
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09-23-2011, 11:08 AM
Post: #8
RE: Advice
Is the disability rating something that I need to start the process of? Should I go through filling out a ca-7 and seeing what happens?
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09-23-2011, 11:56 AM (This post was last modified: 09-23-2011 11:58 AM by 1171.)
Post: #9
RE: Advice
(09-23-2011 11:08 AM)Imdeming Wrote:  Is the disability rating something that I need to start the process of? Should I go through filling out a ca-7 and seeing what happens?

not every injury results in permanent impairment. you should discuss your
prognosis with your doctor. generally OWCP initiates the rating process when a physician indicates the likelihood of permanent impairment.
if you believe you have permanent impairment then, yes you can use a CA-7 to file for a schedule award.
as you were a trainee there maybe extenuating circumstances and/or case law that effects your entitlement.
you may have to consult with an atty for help with additional disability benefits.
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09-23-2011, 12:07 PM
Post: #10
RE: Advice
Incidentally, the "agency" being referred to is the "agency" for which you were employed at the time of the injury. In other words, the Federal Agency you were in training for would be your "Employer" for purposes of filing the CA-7.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
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