Loss of Wage Earning Capacity Determinations

Many FECA claimants who have returned to work, or simply had their check reduced based upon a determination that they were capable of working even though there was no job available, can later apply to have OWCP determine that they are once again unemployable. This sort of a determination can be reviewed at any time. For instance, if OWCP determined you were capable of working ten years ago and now your work related condition has followed its natural progression (not worse due to an intervening events) and you are no longer employable, you can request that OWCP modify the Loss of Wage Earning Capacity Determination and determine that you are once again unemployable.

Be Very Careful With Your Health Insurance Decisions

I received a call the other day from a gentleman who had been disabled and unable to work for several years. He is getting by on his CSRS retirement pension and is being overtaken by bills. He wanted to know how to stop his federal health insurance from his pension so he could switch to a much cheaper plan that he had learned about via a telephone call pitching this inexpensive health insurance. I warned him that he needed to be very careful.

If you cancel your federal health insurance, you generally will not be allowed to pick it back up later. Currently there are many low cost health insurance plans that provide meager benefits. While these plans are called health insurance, benefits can be capped as low as just a few thousand dollars per year. If something sounds too good to be true, its not true. Few Americans can say they know they will have regular health insurance for the rest of their lives. Federal employees can. First while during working years, then, through pensions or workers compensation. If you become disabled before completing your career, you will get your health insurance through the disability aspect of your pension, or through workers compensation benefits, from which the premiums will continue to be deducted. Health insurance, unfortunately, is expensive. But, as I suggested to this gentleman, you need to look a little more carefully at this; what sort of health insurance is somebody really going to give you for $79 per month when your current health insurance is paying $450 per month for their share of your prescriptions alone?

Secret Shopping and OWCP

A Postal Inspector tactic to trick injured workers has recently been brought to my attention. An injured worker was contacted by someone from a “marketing” company who wanted her to work as a secret shopper. She met with them, was given some gift cards to use, and proceeded to “work” by occasionally buying things. Turns out, the various representatives of the company were all Postal Inspectors. The injured worker even went to a bowling party with other “employees” of the “marketing” company. Her new friends were all Postal inspectors. The injured worker was successfully prosecuted for fraud.

If you are receiving benefits because you are unable to work, you cannot work. You cannot engage in any activity that could be construed in any way as working or operating a business.

Hot Coffee - The Movie

Anyone struggling with the workers compensation process recognizes how our society now treats injured workers as second-class citizens. Since the 1960's, insurance companies and big business interest groups have pushed the many myths that have together turned workers compensation and other critical safety nets of our society into decisions that cause people to feel shame and draw the scorn of those who have not had the misfortune of needing to draw these benefits.

With this in mind, I encourage you to watch Hot Coffee, a documentary about the well-known incident of the woman burned by McDonalds’ coffee. Hot Coffee shows just how a story that should be about corporate greed can be turned on its head to blame the victim. You will be shocked to learn how corporate interests spend enormous amounts of money to influence public debate to the point where ordinary citizens no longer understand their own self-interest!

Susan Saladoff produced and directed this film as an article of faith and a labor of love. Years of hard work paid off when Hot Coffee was shown at this year’s Sundance Film Festival. Shortly after that, HBO optioned the film. I had the honor of being invited to an early screening last year.

Be sure to watch this Monday at 9 pm (EST), June 27, the HBO premiere of Hot Coffee -- a documentary about the fictions and false alarms that threaten the civil justice system.

Mail Sorters

Postal Service Mail Sorters
After losing almost 57,000 jobs between 2004 and 2009, the BLS expects a further 30% decline in this occupation by 2018. With more automated processes for mail sorting and increasing correspondence via e-mail and fax, this job is quickly becoming unnecessary.

DOL officials ask congress to reduce benefits

Department of Labor officials who are supposed to be protecting injured workers in the administration of FECA, are continuing their scorched earth policy of partnering with employing agencies in various efforts to reduce or eliminate FECA benefits. Most recently, DOL personnel from OWCP testified to congress about ways they want to strip benefits from the FECA process. It is quite telling to see how the testimony from DOL personnel, agency personnel, and private contractors is all in lock step versus the testimony from federal unions. You can read an account of the recent hearing:

http://www.lexisnexis.com/community/workerscompensationlaw/blogs/workerscompensationlawblog/archive/2011/05/24/feca--federal-employees-compensation-act-reform-proposals-webcast-witness-statements.aspx

Work Injuries Are Heavily Unreported

Despite what we tend to hear in the media from insurance companies and entities like OWCP who try to create the impression of rampant fraud on the part of injured workers, work injuries are heavily under-reported. Many workers suffer injuries and simply "tough it out" because they either don't realize they have suffered a work-related injury, or they do not want to deal with the perceived (and sometimes true) career implications and hassle factors. Recently, I have heard from many USPS employees who are afraid to file OWCP cases because of the current work environment at the USPS with the continuing effects of the NRP.

Workers who perform the most physically demanding jobs tend to get hurt the most, yet they are often the least prepared to handle this type of paper process.

Injuries that typically go unreported, in my experience, include hearing loss due to loud noise on the job and many types of repetitive motion injuries. For example, federal law enforcement officers and firefighters are are frequently exposed to loud noise during training and in the field, loud noise exposure may occur in situations where safety issues preclude the use of proper noise protection equipment. USPS employees working around large mailhandling machinery are also frequently exposed to long term loud noise that damages their hearing as well.

Whether such injuries are under-reported because of ignorance, fear of reprisal, or a work environment that encourages a tough guy attitude, its not smart to ignore your health. Ignoring an injury does not make you tough!