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Tuesday, August 3, 2010

USPS fails to submit CA-7 forms

I presently have several clients with accepted permanent restrictions from their workers compensation claims who have lost all or most of their working hours as a result of the USPS NRP. These folks are entitled to receive workers compensation pay for the hours that the USPS does not have work. And they would, if the USPS would complete and submit CA-7 forms. Unfortunately, families are going without income for weeks, and in some cases months, because the USPS will not process CA-7 forms, and OWCP will do nothing about it.

The claims examiners tell us that there is nothing they can do until the USPS provides the missing information. But I challenge that notion. Why can’t OWCP start paying the workers based on an educated guess as to their pay rate? OWCP could easily obtain a paycheck stub or an SF-50 from the injured worker. If the USPS later documents that the injured worker was overpaid, there would be a without fault overpayment because the overpayment was created by the USPS’ failure to respond.

OWCP’s refusal to take simple steps like this continues to document its complete alignment with employing agencies and the lack of concern for protecting injured workers.