Re: [owcp] DOL Problems
- Hi Laurie,Thanks for the response. My claim with OWCP was denied because I didn't prove my condition occurred DURING PC service. A bit ironic since I never made that agrument. I've appealed the decision . . on the grounds that my condition actually started towards the end of my service due to work related conditions and was worsened by the "cultural readjustment" of coming home. I'd say its a long shot at best.The thing that angers me the most is that my situation is relatively common among RPCV's and the way the system is designed there is absolutely no recourse for people in this situation. None of the people at OWCP or PC were helpful, they just kept saying we can't help you if your condition didn't occur during PC service.Adam
Did you receive a Notice of Decision from OWCP? Even if you did not, they will tell you the exact reason(s) for the denial of your claim, and what they need to accept it. Be very careful to stay within the time limits to submit the medical evidence they need-and/or appeal the Notice of Decision.
I will send you some links to get more info for this type of claim, if you want them.
It sounds like your biggest hurdle will be to prove that your depression is causally related to your employment. In other words, in owcp language.
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- Hi Adam
Try this link for some good causation info, then go to the home page and look for what you need, be sure to read the CA-810.
My worst problems were caused by my agency. OWCP was far from perfect, but it was the agency that lied, violated Federal Regulations, and sooo much more!
I work for the Postal Service, and the same 'horror stories' of harassment, violations, reinjury, and comp being cut off, exist all over the country. I will also tell you that I caused some of my own problems out of ignorance, and had to learn the hard way.
The best thing to do is read & research everything owcp. That is who makes your comp decisions-not the agency. The agency has limited input, but makes many demands that are meaningless and usually illegal. It feels worse when you are a good employee, and believe you are trying to follow the rules.
I have recently returned to work, again. I absolutely insisted they follow their own rules - this time. I made sure it was a "suitable job offer" (which is required by owcp), with the help of voc rehab counselor, and my doctor writing all my medical restrictions. I am happy that it is going very well right now.
- Hi Adam
Maybe this will help if you can add to your current appeal or need to appeal again.
The following is from a union website in Frequently Asked Questions:
Q: Is a preexisting condition that is aggravated by factors of employment covered under FECA?
A: Disease and illnesses aggravated, accelerated or precipitated by the employment are covered. The employee must submit medical and factual evidence that establishes that the employment aggravated, accelerated or precipitated the condition. OWCP defines the following types of causal relationships:
1. Direct Causation - this type of relationship is shown when the injury or factors of employment through a natural and unbroken sequence, results in the condition claimed (i.e., a fractured arm sustained in a fall would be considered a direct result of the fall).
2. Aggravation - this kind of relationship occurs if a preexisting condition is worsened, either temporarily or permanently by an injury arising in the course of employment (i.e., a back injury may aggravate a claimant's preexisting degenerative disk disease condition, and benefits would be payable for the duration of the aggravation as medically determined).
3. Acceleration - an employment related injury or illness may hasten the development of an underlying condition (i.e., a claimant's diabetes may be accelerated by a work schedule which is so erratic that it prohibits the regular food intake required for this condition).
4. Precipitation - a latent condition which would not have manifested but for the employment (i.e., tuberculosis may be latent for a number of years, then become manifest due to renewed exposure in the work place).