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Letter to My Senator |
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OBroadhurst0710
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Joined: 22 Jun 2010 Location: Massachusetts Posts: 2 |
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Topic: Letter to My SenatorPosted: 22 Jun 2010 at 6:10am |
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Michael-NYC
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Joined: 14 May 2010 Location: NYC Posts: 35 |
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Posted: 22 Jun 2010 at 9:02am |
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Even simple tasks seem difficult and frustrating when you're in pain.
I'm not sure a letter to your Senator would be an appropriate (or even efficient) method for resolving your workman's compensation claim. If the agency doctor is asking for proof that it is work related, it seems reasonable to have your supervisor provide that certification if it wasn't already included in the police report. You stated that you contacted them at the time of the accident and have been following up as required so that should be a simple process. Furthermore, this was an automobile accident so there should be coverage from the other party which would cover some of your medical expenses etc. while you figure out your work injury status. I hope you recover quickly and good luck. |
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Tony D
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Joined: 09 Mar 2010 Posts: 70 |
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Posted: 22 Jun 2010 at 10:07am |
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This is what personal injury insurance is for - along with uninsured/under insured policies. If you do not have insurance, sue the individual responsible for the accident.
At least twice you say it was at no fault of your own - was the other vehicle operator cited by the police?
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OBroadhurst0710
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Joined: 22 Jun 2010 Location: Massachusetts Posts: 2 |
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Posted: 22 Jun 2010 at 10:35am |
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What I find difficult and frustrating is the need - as a Decennial Census field worker - to supply the same information to three different agencies when one ought to do. What I have also found to be difficult and frustrating are the three weeks that had elapsed between my filing my CA-1 and OWCP having even seen it. Difficult and frustrating as well has been my devoting hours on the telephone to contacting medical providers to determine what was sent when and to whom since OWCP follows up on absolutely nothing with absolutely no one and could care less what it receives and when.
While it is true that the third party causing this automobile accident should provide payment for some medical care, one lovely result of living in a no-fault state is that I can only recover personal injury damages by filing suit against that party once medical expenses exceed $2000. Medical care thus far provided does exceed that threshold, but this is not an avenue that I would want to pursue prior to my completing my course of physical therapy since I have but that one opportunity to recover damages. I will want to recover the full cost of medical care that I received and have yet to receive. This necessarily means that work injury status must be determined prior, which is unnecessarily difficult when even health care providers find the process Byzantine. My point in writing my Senator was primarily to have him advised of how the Byzantine nature to this mess of a process can only further hurt - and further victimize - the victim of injury. Thank you for your kind words and well wishes. |
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jesse slade
Senior Member
Joined: 14 Aug 2008 Posts: 335 |
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Posted: 22 Jun 2010 at 10:49am |
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When a federal employee is hurt in a motor vehicle accident that is not the employees fault, their agency requires the employee to file a 3rd party claim. If any money is recovered from the 3rd party claim, all but 20% goes to paying back the agency for the employees work comp benefits. The employee is only entitled to 20% of the recovered claim. It could take years for a 3rd party claim to be settled.
Only a physician can write a report that indicates casual relationship. Most doctors are not aware of the requirements of an OWCP medical report. Agency management can provide information, such as an accident report. Supervisors can also submit statements as to the events they are aware of. The agency can also controvert the claim.
It is more normal than not that OWCP benefits will take a minimum of 3-4 months to receive. It sounds to me as if a medical report with all the requirements was not received by OWCP. It is normal for the OWCP to request further information, everyone I know of has received that same letter. Basically, it says that the employee submitted information, but it was insufficient to prove the claim and they require further information. Once more information is received, they will make a decision in the case either accepting or denying the claim. If the claim is denied, you will then have appeal rights.
The system is in desparate need of an overhaul. Claimant's are damaged not only by their injuries, but by the system as well. Edited by jesse slade - 22 Jun 2010 at 10:53am |
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Snowed
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Joined: 01 Sep 2009 Posts: 104 |
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Posted: 29 Jul 2010 at 11:12am |
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I strongly recommend that a claimant take responsibility and get ALL copies of medical and forward to OWCP directly. This would solve a great deal of "missing" medical.
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March for Justice!
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