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Author Archives: Site Administrator

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Schedule award not payable to employee who refuses suitable work

By Stephen Barszcz |

An employee who refuses suitable work or neglects to work after suitable work is offered is not entitled to a schedule award. The Federal Employee Compensation Act is very specific in this regard. In one case, the OWCP offered a modified position to a letter carrier who summarily refused the job. He asserted that… Read More »

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AMA guides 6th edition effect on schedule awards

By Stephen Barszcz |

The OWCP adopted the 6th edition AMA Guides in May, 2009 as the authority to be utilized for determination of impairment on all federal workers’ compensation cases. No matter the date of accident, a worker’s impairment must be properly calculated with the supporting documentation necessary for submission to the claims examiner or the rating… Read More »

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Medical advisor must clarify rating

By Stephen Barszcz |

The District Medical Advisor isn’t always correct when he or she provides an opinion regarding the rating of an injured worker for schedule award purposes. In the following case, the finding of 1% by the medical advisor was sent back by ECAB for not sufficiently explained how the rating was determined. In the case,… Read More »

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Denial of modified duty nightshift offer gets worker fired

By Stephen Barszcz |

An injured worker must accept a suitable job offer even if the hours and days of the position are inconvenient for the worker and his/her family. Your employer and the OWCP knows that. So don’t be surprised if your modified duty job offer comes packaged with lousy hours and days of employment. In one… Read More »

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Continuation of Pay – The 45 days explained

By Stephen Barszcz |

Continuation of pay (COP) is provided by the employer to federal employees who have sustained an injury through a traumatic (one time or one shift) event while on the job. Continuation of pay runs for 45 days. Questions arise as to when that 45 day period starts. Also how is it calculated if the… Read More »

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