AMERICAN POSTAL WORKERS UNION, AFL-CIO

LOCAL 7027, DES MOINES BULK MAIL CENTER

Kevin John Beener - President               

Injured at Work?

Want to know what to do?

Here are a few Helpful Hints:

 

OWCP Forms and Terms

Report your Injury

If you are unlucky enough to suffer an injury in the line of duty, report the injury to your supervisor. This is done using the
form CA-1 or CA-2. These forms were specifically designed for this purpose by the Department of Labor. If you are
reporting a Traumatic Injury, you may be entitled to Continuation of Pay. If you are reporting an Occupational Disease you
are not eligible for COP but are eligible for Workers Compensation Benefits.

If you're going to the doctor, the employer is required by law to promptly provide you with form CA-16. You will probably
be provided with form CA-17 (this form tells the doctor what the physical requirements of your job are and allows him to
establish medical limitations due to the injury), and a notice that the employer has "Limited Duty" assignments available. Yes,
you do have to present these forms/notices to your doctor.

The Doctor

When an injury requires medical treatment, you are entitled to be treated by the physician of your choice. My recommendation: Go to your
family doctor! Your doctor knows you, your medical history and any allergies you may have. He/she is the most logical choice for treating
your on the job injury.

Of course, the treating physician will have to document your claim of an on-the-job injury. This is usually done with a narrative report from
your doctor. This report should include:

Appeals

Before you appeal your claim, please carefully read the denial that was issued by the district office. That denial will tell you exactly why the claim
has been denied. In other words, it will tell you what component is missing in your claim. You can then point your appeal towards completing that
component. Keep in mind, there are time limits on appeals, so observe them.

Reconsideration
An appeal for Reconsideration involves your case being reexamined by the Office of Workers Compensation Programs. The case file will be
examined by someone other than the person who handled the case the first time. New evidence can be submitted in support of your claim. If you
opt for reconsideration, you cannot appeal your case for an Oral Hearing.

Oral Hearing
An appeal for an Oral Hearing involves a hearing officer coming from Washington DC to listen to you first hand. New evidence can be submitted
at the time of the oral hearing. You may if you desire, be accompanied by a representative of your choice. The hearing is non-adversarial and
a transcript of the proceeding is usually taken either by a court reporter or tape recording.

A review of the case will be made by the hearing officer prior to making the trip for a hearing. This review may result in the hearing officer declaring
the case "not in posture" for a hearing and sending the case back to the district office for further development and a new decision.

After a hearing, the case will likely be sent back to the district office for implementation of the decision. This may be a decision to develop the case
further, implement a favorable decision, or another ruling against you. If the decision is unfavorable, you can still appeal for Reconsideration (above)
or appeal to the Employee Compensation Appeal Board (ECAB).

Traumatic Injury
"A wound or other condition of the body caused by external force, including stress or strain. The injury must be identifiable by time and place of
occurrence and member of the body affected; it must be caused by a specific event or incident or series of events or incidents within a single day
or work shift. Traumatic injuries also include damage to or destruction of prosthetic devices or appliances, including eyeglasses and hearing aids
if they were damaged incidental to a personal injury requiring medical services." (F.P.M. 2-1)

Occupational Disease
"A condition produced in the work environment over a period longer than 1 workday or shift. It may result from systemic infection, repeated stress
or strain, exposure to toxins, poisons, or fumes, or other continuing conditions of the work environment." (F.P.M. 2-2)

Continuation of Pay (C. O. P.)
A pay status involving the continuation of the employee’s regular rate of pay, including applicable differentials, without charge to the employee’s
personal leave. COP is not considered compensation and all applicable deductions, taxes, etc are deducted from the employees pay. COP continues
for up to 45 days after which, the employee is eligible for workers compensation benefits.

Workers Compensation
The monies received by an employee to compensate him/her for lost wages due to an on-the-job injury. In order to be eligible for workers
compensation, an employee must be in an LWOP status. Compensation is paid at the rate of 75% for employees with dependants or 66% for
employee without dependants. Prior to becoming eligible for benefits, an employee must have been in a non-pay status for 3 days (not necessarily
consecutive days). After the 3 day waiting period, an employee is eligible for compensation benefits. If an employee’s absence extends to 14 days,
the employee will become eligible for benefits for the first 3 days.

CA-16
The form CA-16 authorizes an Examination and/or Treatment. Make sure you get this form if you are going to your doctor. The employer does not
like to give them out because the form authorizes treatment and guarantees the employer will pay for it, regardless of the final outcome of your claim!
The employer is not required to issue this form if the employee is being treated by the company physician or contract doctor. It is required in ALL
other cases!