FEDERAL INJURY COMPENSATION OVERVIEW How Does the Process Work? How Does It All Fit Together?

1
FEDERAL INJURY COMPENSATION OVERVIEWHow Does the
Process Work?How Does It All Fit Together?
2

• TABLE OF CONTENTS
• Message from APWU President Burrus and
• Human Relations Director Susan M. Carney
• TOPIC SLIDE No.
• OWCP Statistics 9
• What Its All About 10
• Whos Involved In The Claim Process 11
• Responsibilities
• Immediate Supervisor 12
• USPS Injury Compensation Specialist 13
• Assistance By APWU 14

3

• TABLE OF CONTENTS
• (continued)
• TOPIC SLIDE No.
• Types of Claims
• Traumatic Injury Definition (Form CA-1)
  22
• Occupational Disease Definition (Form CA-2)
  24
• Recurrence Definition (Form CA-2A)
  26
• Cite Reference Chart Three Types of Claims
  29
• Traumatic Injury
• Form CA-16 Authorization for Examination/Treatmen
  t 30
• Cite Reference Chart Traumatic Injury (Form
  CA-16) 32
• Continuation Of Pay (COP) 33
• Cite Reference Chart Traumatic Injury COP
  36
• Controversion with COP Withheld 38
• Cite Reference Chart Traumatic Injury COP
  Withheld 40
• Stopping COP Which Has Already Begun 41

4

• TABLE OF CONTENTS
• (continued)
• TOPIC SLIDE No.
• Return To Work Capability
• Medical Restrictions 55
• Cite Reference Chart Return to Work
  Capability (Medical Restrictions) 57
• Job Offers (Limited Duty/Rehab) 58
• Cite Reference Chart Job Offers
  62
• Rights and Benefits 63
• Selection of Physician 66
• Postal Physician or Contract Equivalent
  68
• USPS May Require Medical Examination 70
• Physician Changes Referrals
  72
• Cite Reference Chart Selection of Physician
  73
• Providing Supporting Evidence 74
• Employees Statement 75

5

• TABLE OF CONTENTS
• (continued)
• TOPIC SLIDE No.
• Postal Service Fitness for Duty 90
• Medical Privacy 92
• Schedule Award 95
• Cite Reference Schedule Award 99
• Challenging Formal OWCP Decisions 100
• Oral Hearing 101
• Review of the Written Record 103
• Reconsideration 105
• Review by ECAB 107
• Definitions 108
• Work Limitation Due To Pain 112

6

• TABLE OF CONTENTS
• (continued)
• TOPIC SLIDE No.
• OWCP Information 118
• Federal Employees Compensation Act (FECA), Title
  5, Chapter 81
• Code of Federal Regulations, Claims for
  Compensation under FECA, Parts 10 and 25
• Questions and Answers About FECA, CA 550
• Injury Compensation for Federal Employees, CA
  810
• When Injured at Work, Guide for Federal
  Employees, CA 11
• OWCP Forms 119
• OWCP- Information (Handbooks and Manuals)
  120
• U.S. Dept of Labor, Self-Instructional Injury
  Compensation Specialist Training Video
• ELM 540, Injury Compensation Program
• EL 505, Injury Compensation
• Letters, MOUS, and Step 4 Decisions
  121

7

• TABLE OF CONTENTS
• (continued)
• TOPIC SLIDE No.
• National Pre-Arb Settlement
• Limited Duty Assignments A3
• Limited Duty FTRE . . . with varying report
  times.
  A5
• Job Related First Aid Injuries
  
  A8
• Step 4 Decisions
• Separation from Postal Service for reasons of
  disability
  A4
• Reporting an accident
  
  A7
• Fitness for duty . . . on-the-job injury or
  illness
  A10
• Availability of CA-8 Forms
  
  A11
• Limited DutyViolation of ELM Provisions
  
  A12
• Locally developed form supplementing data on
  Form 3996 A15
• Use of Locally generated forms
  
  A16
• Outside party paying medical expenses . . .
  compensation forms A17
• Employee cant be compelled . . . during
  non-working hours
  A18

8

• TABLE OF CONTENTS
• (continued)
• TOPIC SLIDE No.
• Step 4 Decisions (continued)
• Agreement Violation of Permanently Reassigned
  Work in another craft A24
• Removal from bid while on Limited Duty
  
  A25
• Limited Duty Withdrawal with subsequent Notice
  of Proposed Removal. A26
• MOUs
• (NALC) Limited Duty Grievance Representation
  A13

9
OFFICE OF WORKERS COMPENSATION (OWCP) STATISTICS

• Approximately 175,000 Workers Compensation
  Claims
• Are Filed Annually.
• Of These, 85,000 Are Filed By USPS Employees,
• Representing More than 10 Of The USPS
  Workforce.
• Generally, 90 Of Simple Traumatic Claims And
• 60 Of Simple Occupational Claims Are Accepted.
• In 2003, These Claims Cost The USPS Over 1.5
  Billion.
• The Future Liability For These Employee Injuries
  Is
• Almost 7 Billion.

10
WHAT ITS ALL ABOUT?
Time Limits
FECA QA
ELM
OWCP Forms
FECA 5 U.S.C 81 20 CFR ELM EL 505 CA 550 QA
10.0 541.1 Ch. 1 A-1
8149 Ch. 1
Ch.1
Ch. 1

• Federal Employee Compensation Act (FECA)
• 20 Code of Federal Regulations (CFR)
• Employee Labor Relations Manual (ELM)
• EL 505, Injury Compensation

11
WHOS INVOLVED IN THE CLAIM PROCESS?

• Under The Department Of Labor, The Employment
  Standards Administration Oversees OWCP.
• Within OWCP, The Division Of Federal Employees
  Compensation (FEC) Decides Injury Claims. They
  Are The Determining Office.
• In The USPS, The Injury Compensation Specialist
  (ICS) Is Responsible For Sending Claims To OWCP.
  The USPS Injury Compensation Office And Their
  Representatives Are Not An Extension Of OWCP.
  They Are The Control Point And Have No Authority
  To Adjudicate Claims.
• The USPS Supervisor Forwards Claim Forms To The
  ICS.

12
RESPONSIBILITIES OF THE IMMEDIATE SUPERVISOR

• Immediately Ensuring That Appropriate Medical
  Care Is Provided.
• Form CA-1 (Traumatic), Or Form CA-2
  (Occupational)
• Provide Form To Employee (Complete Receipt And
  Give To Employee).
• On The Same Day As Received, Complete And Forward
  Form CA-1 Or
• Form CA-2 To The ICS ELM 544.11.
• Permit Employee To Select A Physician/Hospital
  Of Choice ELM 545.21.
• If Traumatic Injury Prevents Employee From
  Working Must Advise Employee
• Of Right To Choose Continuation Of Pay (COP)
  ELM 544.112.
• Cannot Cause An Employee To Forgo Filing A Claim,
  Or Refuse To Process It
• ELM 544.11 .

13
RESPONSIBILITIES OF THE USPS INJURY COMPENSATION
SPECIALIST
Go See Dr.

• Completes Employer Portions Of Forms CA-16 And
  CA-17.
• Advises Employee Whether Continuation Of Pay
  (COP) Will Be Controverted.
• Advises Employee If COP Will Not Be Paid.
• Provides Copy Of Completed CA-1, CA-2 Or CA-2a To
  Employee And Copy
• Of All Correspondence Between USPS And
  Employees Physician.
• ELM 544.12.
• Submits Form CA-1, CA-2, Or CA-2a To OWCP Within
  10 Working Days. ELM 544.212.
• If Traumatic Injury (CA-1) Must Promptly
  Authorize Medical Care By Issuing
• Employee Form CA-16 Within 4 Hours Of Receiving
  Notice Of Claimed Injury.
• ELM 545.21.

14
ASSISTANCE BY APWU

• Member And Non-Member
• If Language Of Collective Bargaining Agreement
  (CBA) Or A
• Handbook Or Manual (e.g., ELM 540, EL 505) Has
  Been Violated
• By The USPS Make Grievance Decision. Grievances
  Cannot Be
• Filed Against OWCP.
• Member Only
• Provide Information About OWCP Procedures And
  Appeals.
• You Do Not Have To Be Employees Authorized OWCP
  
• Representative To Assist Them With Their Claim.

15
FIVE BASIC REQUIREMENTS FORSUCCESSFUL CLAIM

• In The Order They Are Considered
• Time Limits
• Civilian Employee
• Fact Of Injury
• Performance Of Duty
• Causal Relationship
• (continued)

16
FIVE BASIC REQUIREMENTS(continued)
Time Limits

• Written Notice Must Be Given Within 3 Years Of
  Injury Or Onset Of Medical Condition.
• Latent (Not Evident) DisabilityMust Be Given
  Within 3 Years Of Reasonably Knowing Condition
  Caused By Work Activity.

Civilian Employee

• All USPS Employees Including Casuals And TEs Are
  Civilian
• Federal Employees.

(continued)
17
FIVE BASIC REQUIREMENTS (continued) Fact Of
Injury

• Two Elements Must Be Met
• Occurrence Of Event
• The Employee Must Have Actually Experienced The
  Accident,
• Event Or Employment Factor.
• Determined On The Basis Of Factual Evidence,
  Including Statements From The Employee, The
  Supervisor, And Any Witnesses.
• An Injury Does Not Have To Be Witnessed To Be
  Compensable.
• (continued)

18
FIVE BASIC REQUIREMENTS (continued) Fact Of
Injury

• Existence Of Medical Condition
• The Accident Or Employment Factor Resulted In
  An Injury
• Or Disease. However, Employment Is Not
  Required To Be
• The Sole Factor To Have Caused An Injury Or
  Disease,
• Only A Contributing Factor.
• Determined On The Basis Of The Attending
  Physicians Statement That A Medical Condition Is
  Present That
• Could Be Related To The Incident Though The
  Medical
• Report Does Not Have To Relate The Condition To
  The
• Incident.
• Simple Exposure Does Not Constitute An Injury.
• (continued)

19
FIVE BASIC REQUIREMENTS(continued) Performance
Of Duty

• Usually Injury/Illness Must Occur While At Work.
• Must Be Performing Expected Job Duties.
• Breaks And Lunches Covered If On Premises.
• For Most APWU Crafts Driving To And From Work
• Ordinarily Not Covered.
• (continued)

20
FIVE BASIC REQUIREMENTS(continued) Causal
Relationship

• Physician Must State To A Reasonable Medical
  Certainty That Work Activity Caused Or
  Contributed
• To The Diagnosed Condition.
• Physician Must Provide Medical Reasoning
  (Rationale) To Support Opinion Of Causal
  Relationship (How Physician Came To The
  Conclusion That There Is
• A Causal Relationship Between The Injury And
  The Workplace).
• (continued)

21
FIVE BASIC REQUIREMENTS
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
8122 10.100 10.101 542.112 542.122 542.132 Exh. 4-6 C-2
8101.(1) 10.5(h) 542.21.b. Exh. 4-6 A-3 C-3
8101.(5) 10.115(c) 542.21.c. Exh. 4-6 C-4
8102.(a) 10.115(d) 542.21.d Exh. 4-6 C-5 to C-9
8101.(5) 10.115(e) 542.21.e Exh. 4-6 C-10

• Time Limits
• Civilian Employee
• Fact Of Injury
• Performance Of Duty
• Causal Relationship

22
THREE TYPES OF CLAIMSTRAUMATIC, OCCUPATIONAL,
AND RECURRENCE Traumatic Injuries (Form CA-1)
Go see Dr.

• A Medical Condition Caused By A Specific Incident
  
• Or Series Of Incidents In A Single Work
  Day/Shift.
• Specific As To When And Where It Happened.
• Specific As To Part Of The Body Injured.
• Filed As Traumatic Not By Type Of Medical
  Condition,
• But Because Injury Happened On A Single Work
  Day/Shift.
• May Choose COP If Injury Reported On Form CA-1
• Within 30 Days Of The Injury.
• (continued)

23
THREE TYPES OF CLAIMSTraumatic
Injury(continued)
USPS

• Complete CA-1 To Give Notification.
• USPS Has Ten (10) Working Days To Submit CA-1
• To OWCP.
• COP If Eligibility Requirements Are Met.
• CA-1 States Employer Statement And Physicians
• Medical Report Are Required.
• Follow Instructions On CA-1 To Satisfy
  Requirements.
• (continued)

24
THREE TYPES OF CLAIMS(continued)Occupational
Disease Or Illness (Form CA-2)
Go see Dr.

• A Medical Condition Caused By Work Activity
  Occurring Over More Than A Single Work
• Day/Shift.
• No Entitlement To COP Or Form CA-16.
• Filed As An Occupational Not By Type Of
• Medical Condition But Because It Happened
• Over More Than One Work Day/Shift.
• (continued)

25
THREE TYPES OF CLAIMS(continued)Occupational
Disease/Illness(Form CA-2)

• Complete CA-2 To Give Notification.
• USPS Has 10 Working Days To Submit CA-2 To OWCP
• No COP Entitlement.
• File CA-7 For Wage Loss Compensation
• CA-16 (Issuance Very Rare. USPS May Issue Only
• After Obtaining Approval From OWCP).
• (continued)

26
THREE TYPES OF CLAIMS(continued)Recurrence(Form
CA-2A)
Go see Dr.

• Recurrence Of Disability
• Spontaneous Worsening Of An Accepted Condition
  Without
• An Intervening Event.
• Worsening Unable To Continue Working The Same
  Amount
• Of Hours After Returning To Work, e.g., 40 Hours
  To 30 Hours,
• Call-Out Due To Work-Related Injury.
• If Accepted Condition Is Worsened By Work
  Activity, File A
• New Traumatic Or Occupational Claim. May Be
  Entitled To
• COP If Traumatic.
• (continued)

27
THREE TYPES OF CLAIMSRecurrence
Go see Dr.

• Recurrence Of Disability (continued)
• USPS Withdrawal Of Limited Duty/Rehab Job.
• Any Reduction In Job Hours.
• Recurrence Of A Need For Medical Treatment
• With No Work Stoppage (Also Reopening A
• Closed Claim).
• If No Longer Seeing Physician But Need Additional
  
• Medical Care
• Continuous Treatment Is Not Additional
  Treatment
• Simple Examination By Physician Is Not
  Treatment
• (continued)

28
THREE TYPES OF CLAIMSRecurrence(continued)
Go see Dr.

• May Be Entitled To Any COP Balance If
  Original
• Injury Traumatic.
• Must Provide A Detailed Factual Statement
  (Comply
• Fully With Instructions On Form CA-2a).
• Medical Evidence Must Establish That The
  Recurrence
• Of Inability To Work Is Causally Related To
  The Original
• Accepted Injury.
• After Returning To Work From Original
  Disability, Only
• OWCP Can Declare A Subsequent Absence
  Compensable,
• i.e., An IOD.
• (continued)

29
THREE TYPES OF CLAIMS
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
8101 (5) 10.5 (ee) 10.100 541.2.r 542.11 544.112 544.2 545.21 Exh. 5.1 Ch. 3-6 Ch. 4-1 B-3
8101 (5) 10. 5 (q) 10.101 541.2.j 542.12 Ch. 3.7 Exh. 5.1 Ch. 4-8 B-3 B-4
10.5 (x) 10.5 (y) 10.104 541.2.p 541.2.q 542.13 544.22 Ch. 3.8 Ch. 5 B-8 B-9

• Traumatic Injury
• (Form CA-1)
• Occupational Disease (Form CA-2)
• Recurrence
• (Form CA-2a)

30
TRAUMATIC INJURY OWCP Form CA-16Authorization
For Examination/Treatment
USPS

• Issued For Traumatic Injuries Requiring Medical
  Care.
• Authorizes Medical For 60 Days Unless OWCP Stops
  Authorization.
• Employee Chooses Physician.
• Must Be Issued To Employee Within 4 Hours Of
  Receiving Notice Of Claimed Injury (Within 48
  Hours If Initial Authorization Is Verbal).
• Not Issued If More Than One Week From Injury
  Date.
• (continued)

31
TRAUMATIC INJURY OWCP Form CA-16
Authorization For Examination/Treatment
(continued)
USPS

• Authorization Includes Subsequent Physicians When
  Original Physician Refers.
• Issuance Required Even If USPS Doubts Injury.
• Not Required For First Aid When Employee
  Voluntarily
• Accepts Postal/Contract Physician (Maximum 2
  Visits).
• Not Required For Simple Hazard Exposure Without
• Medical Condition.
• (continued)

32
TRAUMATIC INJURYOWCP FORM CA16Authorization
For Examination/Treatment
USPS
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
8103(b) 10.300(a) 545.21 Ch. 3.3 B-1.(c.)
10.300(c) E-2
8103(a) 10.300(d) Ch. 3.10 E-3
10.300(b) 545.21 Ch. 3.10 E-1
10.300(b) 545.21 E-1
10.301 543.3 E-2
10.302
545.21 Ch. 3.10
10.303(a) 545.23

• Authorizes Medical Care
• 60 Day Maximum
• Employee Selects Physician
• Within 4 Hours
• Within One Week Of Injury
• Referral To Different Physician
• USPS Doubts Injury
• First Aid By Postal/Contract
• Hazard Exposure

33
TRAUMATIC INJURY Continuation Of Pay
USPS

• COP Is The Continuation Of Employees Regular
  Salary For
• Wage Loss Due To Disability And/Or Medical
  Treatment.
• Its Intended To Eliminate Interruption Of The
  Employees
• Income While OWCP Processes The Claim.
• It Includes N/D, S/P And Holiday Pay.
• COP Is Not Considered Compensation.
• Is Employer Paid.
• Is Subject To Deductions For Income Tax,
  Retirement, Etc.
• Employee Is In Pay Status.
• (continued)

34
TRAUMATIC INJURY Continuation Of Pay(continued)
USPS

• Not Available For Occupational Injuries (Form
  CA-2).
• Must File CA-1 Within 30 Days Of Injury.
• Must Begin Losing Time From Work Within 45 Days
  Of Injury.
• Employees Choice To Use COPShould Not Be
  Required To Use
• S/L Or A/L. If Unaware COP Was An Entitlement/
  Choice, Employee
• Has One Year (From Date Of Use) To Request
  Adjustment.
• Must Provide Prima Fascia Medical Evidence Of
  Disability (Inability
• To Work) Within 10 Days Of When COP Begins In
  Order For COP
• To Continue.
• 45 Calendar Day Entitlement.
• Day Of Injury Not Counted As COP (Paid As
  Administrative Leave).

35
TRAUMATIC INJURY Continuation Of Pay(continued)
USPS

• Must Begin Using Any Balance Of COP Within 45
  Days Of First Return To Work (RTW)RTW From
  Disability Not Date Of Injury.
• COP May Be Used Beyond 45 Day RTW Time Limit
  Provided Employee Begins Using COP Balance No
  Later Than The 45th Day From Their RTW And
  Disability Continues Without Interruption.
• If Disability Extends Beyond COP Period, File For
  Compensation.
• May Use COP For Medical Treatment/Examination
  Time. Employee Required To RTW To Complete Work
  Shift Unless Disabled.
• COP Is Counted By Days Not Hours. Partial Days
  Of COP Count As A Full Day Of COP.
• May Later Request COP After Using SL/AL Once
  Claim Is Approved.
• If OWCP Denies Claims COP Must Be Repaid (May Use
  SL/AL).

36
TRAUMATIC INJURY Continuation Of Pay
USPS
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
8118(a) 10.205(a)(1) 542.122 545.721.a D-1
10.205 (a)(2) 545.721.b Exh. 4.16 D-4(f)
10.205(a)(3) 545.721.c 541.2.d Exh. 4.16 D-4(g)
10.210(b) 545.724.b 545.74.a 541.2.d Ch. 13.1 D-5a
8118(b) 10.200(a) 10.200(b) 541.2.d 545.71 Ch. 1 Ch. 13.1 D-1
10.215(a) 541.2.d (2) Ch. 13.4
10.224 543.41 Ch. 13.11

• Not For Occupationals
• File Within 30 Days
• Lose Time Within 45 Days
• Medical Within 10 Days
• 45 Day Entitlement
• Day Of Injury Not Counted
• Repayment
• (continued)

37
TRAUMATIC INJURY Continuation Of Pay(continued)
USPS
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
10.205(a)(3) 541.2.d 545.721.c Exh. 4-16 D-4 (g.)
10.207 545.722 Ch. 13.1
10.401(a) 545.81 545.83 Exh. 3-5.a D-7
Ch. 13.4
8118(d) 10.224 543.41
10.206 543.42.c Exh. 3.5.a

• Begin Within 45 Days
• Of RTW
• Using Balance (Uninterrupted)
• Disability Goes Beyond COP
• Physician Visits
• Remaining COP
• May Request COP Later

38
TRAUMATIC INJURY Controversion With COP Withheld
Go see Dr.

• The USPS Can Controvert (Challenge, Dispute) An
  
• OWCP Claim. However, OWCP Makes The Final
• Decision As To Whether A Claim Is Accepted Or
  Denied.
• The USPS Can Controvert And Deny Payment Of
• COP Only For The Following Reasons
• The Disability Was Not Caused By A Traumatic
  Injury
• The Employee Is Not A Citizen Of The U.S. Or
  Canada
• No Written Claim Was Filed Within 30 Days From
  The
• Date Of Injury

39
TRAUMATIC INJURY CONTROVERSION WITH COP
WITHHELD (continued)
Go see Dr.

• The Injury Was Not Reported Until After
  Employment Has Been Terminated
• The Injury Occurred Off The Employing Agencys
  Premises And
• Was Not Otherwise Within The Performance Of
  Official Duties
• The Injury Was Caused By The Employees Willful
  Misconduct,
• Intent To Injure Or Kill Himself/Herself Or
  Another Person, Or
• Was Proximately Caused By Intoxication By
  Alcohol Or Illegal
• Drugs
• First Absence Caused By The Injury Was More
  Than 45 Days
• After The Date Of Injury.
• (continued)

40
TRAUMATIC INJURY COP Withheld
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
8118(b) 10.220(a) 545.732(a) Exh. 4.16 D-4 (a)
10.220(b) D-4 (c)
10.220(c) 545.732(b) D-4 (f)
10.220(d) 545.732(c) D-4 (h)
10.220(e) 545.732(d) D-4 (d)
10.220(f) 545.732(e) D-4 (e)
8118(b) 10.220(g) 545.732(f) Exh. 4.16 D-4 (g)

• Not A Traumatic Injury
• Not A Citizen Of U.S.
• No Claim Within 30 Days
• Injury Not Reported Prior
• To Termination Notice
• Injury Off Premises And
• Not In Performance Of Duty
• Willful Misconduct, Intent
• To Injure, Intoxication
• First Absence More Than
• 45 Days After Injury

41
TRAUMATIC INJURY Stopping COP Which Has Already
Begun
USPS

• After COP Has Been Started It May Be Stopped Only
  In The Following Circumstances
• Medical Evidence Which On Its Face Supports
  Inability To
• Work Due To The Workplace Injury Is Not Received
  Within
• 10 Calendar Days After Claim Is Submitted
• Medical Evidence From Employees Physician Shows
• Employee Not Disabled
• Medical Evidence From Employees Physician Shows
• Employee Not Totally Disabled And Employee
  Refuses
• Written Job Offer That Is Approved By Employees
  Physician
• (continued)

42
TRAUMATIC INJURY Stopping COP Which Has Already
Begun(continued)
USPS

• Employee Returns To Work With No Loss Of Pay
• Specific Term Of Employment Ends
• Termination Of Employment Established Prior To
  Injury
• OWCP Directs Employer To Stop COP
• And/Or COP Paid For 45 Calendar Days.

43
TRAUMATIC INJURY COP Stopped
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
10.222(a)(1) 545.741.a Exh. 4-16 D-5 (a)
10.222(a)(2) 545.741.b
10.222(a)(3) 545.741.c D-5 (b) D-9
10.222(a)(4) 545.741.d
10.222(a)(5) 545.741.e D-5(c)
10.222(b) 545.741.f D-6
10.222(a)(6) 545.741.g Exh. 4.16
10.222(a)(7) 545.741.h Exh. 4.16

• No Medical Evidence Within 10 Days
• Medical Evidence Shows No Disability
• Medical Evidence Shows Partial Disability And Job
  
• Offer Refused
• Employee Returns To Work With No Pay Loss
• Term Of Employment Ends
• Termination Of Employment
• OWCP Directs
• 45 Days Paid

44
CLAIM FOR COMPENSATION (Form CA-7)(Form CA-20)

• Submit Form CA-7 To Supervisor Every Two Weeks
• And Send Form CA-20, Attending Physicians
  Report
• To OWCP.
• Wage Loss Compensation Is Paid At Two-Thirds Of
• Pay Rate If No Dependents And Three-Fourths If
  One
• Or More Dependents.
• Compensation Is Based On Pay Rate On Day Of
  Injury
• Or First Disability, Whichever Is Greater.
• (continued)

45
CLAIM FOR COMPENSATION(continued)

• Night Differential, Sunday Premium And Holiday
  Pay
• Are Included In Pay Rate, But Overtime Is
  Excluded.
• Compensation Is Tax Free. The Only Deductions
  Are
• Premiums For Health Insurance And Optional Life
  Insurance.
• Payable After Three Day Wait (Non-Work Day,
  Non-Pay Status), But Waiting Period Waived If
  Total Disability Exceeds 14 Days.
• (continued)

46
CLAIM FOR COMPENSATION (continued)

• Postal Service Must Submit CA-7 To OWCP Not
• More Than 5 Working Days After Receipt From
• Employee.
• An Employee Is In A Leave Without Pay (LWOP)
• Status When Receiving Wage Loss Compensation
• From OWCP.
• Employees In A LWOP Status For Any Reason Do
• Not Accrue Sick Or Annual Leave Nor Can They
• Participate In The Thrift Savings Plan.
• (continued)

47
CLAIM FOR COMPENSATION (continued)

• Time Spent In A LWOP Status For Purpose Of
• Receiving OWCP Compensation Is Computed As
• Creditable Service For Retirement.
• Once Pay Rate For Compensation Is Established
• It Does Not Change (No Negotiated COLAs Or
• Raises), Unless Employee Returns To Work
• For More Than 6 Months Of Regular Full Time
• Employment .
• (continued)

48
CLAIM FOR COMPENSATION
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
10.102(b)(1) 545.82
8105 8110 10.401(b) Ch.1 F-9
8114 10.5(s) 541.2.i Ch.1
8114(e) Ch.1 F-14
F-28 G-1
10.401(a) 545.83 F-4

• Submit Form CA-7
• ? Or ¾ Pay Rate
• Pay Rate At Time
• Of Injury
• Sunday Premium,
• Night Differential,
• Holiday Pay, Not OT
• Tax Free
• Three Day Wait
• (continued)

49
CLAIM FOR COMPENSATION(continued)
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
10.111(c) 545.812 545.82 Ch. 4.10
Exh. 514.4.4.e
512.311.e
546.143.d Exh.11.9e
8101(4)

• Five Working Days,
• USPS To OWCP
• LWOP For Compensation
• No Leave Accrual In LWOP
• Creditable Service
• For Retirement
• No Contractual Increase In Compensation Pay Rate

50
LEAVE BUY BACK (Form CA-7b)

• A Leave Buy Back (LBB) Program Is At The
  Discretion
• Of The Employer. It Is Not An OWCP Requirement.
• If Employees Use Sick Or Annual Leave While
  Waiting
• For Their Claim To Be Approved By OWCP They May
• Apply To Buy It Back.
• The USPS Will Not Process A LBB Request For Leave
• Used After A Claim Has Been Approved.
• File Local Grievance, Hold Pending Adjudication
  Of National Grievance (Q98C-4Q-C01208677).
• (continued)

51
LEAVE BUY BACK (continued)

• When Paid Leave Is Bought Back, The Original
  Period
• Of Leave Use Is Retroactively Changed To LWOP
• Which Will Result In A Downward Adjustment Of
• Leave For Every 80 Hours Of LWOP.
• LBB May Have Income Tax Implications, Consult
• IRS Or Tax Advisor Form CA-7b Worksheet.
• (continued)

52
LEAVE BUY BACK (continued)

• LBB Must Be Initiated Within 1 Year Of RTW Or
  Within 1 Year Of OWCP Approval Of Claim,
  Whichever Is Later.
• Cannot Buy Back Leave If No Longer A USPS
  Employee.
• If LBB For Previous Year Exceeds Allowable
  Carryover
• The Excess Will Be Forfeited.
• The Employee Must Pay The USPS The Difference
• Between Paid Leave (100 Of Wage) And The
  Compensation Amount (66 ? Or 75 Of The Wage)
  Form CA-7b Worksheet.
• (continued)

53
LEAVE BUY BACK
FECA 5 USC 20 CFR ELM EL 505 CA550 QA
F-7 F-8
543.42.f 545.84 Ch.13.19 Exh. 13.19a
512.923(a) Ex.514.4.e(6)
543.42.f 545.84.a Exh. 13.19a

• Discretionary Program
• For Leave Used While Waiting For Claim
  Adjudication By OWCP
• No LBB Of Leave Used After Claim Approved
• Initiate Within 1 year
• (continued)

54
Leave Buy Back (continued)
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
543.42.f 545.84b Exh. 13.19a
512.923.b Exh. 514.4.e.(6) Ch.13.19 Exh. 13.19a
512.923.c. Exh. 514.4.e(6) Exh. 13.19a

• No LBB If No Longer USPS Employee
• Cannot Exceed Maximum Leave Carry-Over
• Retroactive
• Conversion To LWOP Will Change Leave
  Balance

55
RETURN TO WORK CAPABILITYMedical Restrictions

• Form CA-17, Duty Status Report, Is Normally
  Used.
• Treating Physician Completes Side B In Detail.
• Physician Should Provide Specific Details If
  Using
• General Language Such As No Repetitive
  Activity.
• Employees Must Advise Their Physicians That The
• USPS Will Accommodate Work Limitations And Must
  Also Advise The USPS Of These Limitations.
• (continued)

56
RETURN TO WORK CAPABILITYMedical
Restrictions(continued)

• Medical Restrictions Also Apply To Your
  Activities
• Outside The Workplace.
• The USPS May Contact Your Physician (In Writing
• Only, Must Send Copy To You) Concerning Your
  Work
• Limitations And Possible Job Assignments.
• (continued)

57
RETURN TO WORK CAPABILITYMedical Restrictions
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
10.506 545.52 Ch. 4-16 Ch. 4-17 D-9
10.515 545.33 H-1
10.506 545.52

• Form CA-17
• Advise Physician
• And USPS
• Contact With Your
• Physician

58
JOB OFFERSLimited Duty/Rehab

• Limited Duty Job Offer Temporary Medical
  Restrictions
• Rehab Job Offer Long Term/Permanent Medical
  Restrictions
• Maximum Medical Improvement (MMI) Achieved
• MMI Declared By Physician
• An Employee Who Is Capable Of Performing Core
  Duties
• Of Their Bid (With Or Without Modification) Is
  Not Considered A Limited Duty/Rehab.
• (continued)

59
JOB OFFERSLimited Duty/Rehab(continued)

• The Job Offer May Be Made Verbally As Long As
  Written
• Job Offer Is Provided Within 2 Business Days.
• To Be Considered Suitable By OWCP The Job Offer
  Must Include
• Description Of The Duties
• Description Of The Specific Physical
  Requirements
• Location Of The Job
• Effective Date
• Pay Rate
• The Date By Which The Job Offer Must Be
  Accepted/Refused.
• (continued)

60
JOB OFFERSLimited Duty/Rehab(continued)

• If The Job Offer Is Not Accepted, OWCP Will Then
• Review The Offered Work To Determine Suitability
• Compensation Will Be Continued Until Final OWCP
  Decision.
• If Considered Suitable, Employee Will Have 30
  Days
• To Accept Job Or Present Evidence Of
  Unsuitability.
• If OWCP Determines The Reasons Are Unacceptable,
  The Employee Has 15 Days To Accept The Job.
• No Further Evidence Will Be Considered By OWCP.
• (continued)

61
JOB OFFERSLimited Duty/Rehab(continued)

• USPS Should Minimize Any Adverse Or Disruptive
• Impact On The Employee.
• If There Is Adequate Work Available Within
  Employees Craft, Facility, And Regular Hours,
  Then The Employee
• Must Be Assigned To That Work.
• All Concurrent Medical Conditions Whether Or Not
• Caused By Or Related To The Accepted Condition
• Must Also Be Included In Medical Suitability
  Determinations.
• (continued)

62
JOB OFFERSLimited Duty/Rehab
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
10.507(c) 545.32 Ch. 7.4 Exh. 7.1
10.507(d) 545.32 Ch. 7.4 Ch. 11.8 H-4
10.516 546.64 Ch. 7.5 Ch. 11.12
546.142 Exh. 7.1
546.622 Ch. 11.4

• Job Offer
• Suitability
• OWCP Review
• Adverse Or
• Disruptive Impact
• All Concurrent
• Conditions

63
RIGHTS AND BENEFITS

• LWOP For Compensation Is Credited For Computing
  Retirement Credit (Years Of Service) (ELM
  546.143).
• However, If Working Partial Days (e.g., Working 6
  
• Hours With Compensation For 2 Hours) Current
• OPM Policy Is That The Full-Time Annuity
  (Salary)
• Rate Will Be Prorated (Reduced) According To
• Percentage Of LWOP Hours (EL505, Exhibit
  11.9e).
• (continued)

64
RIGHTS AND BENEFITS(continued)

• No Leave Accrual When In A LWOP Status. However,
  Leave Accrual Rate (4, 6, 8, Hours/Pay Period) Is
  Not Affected By LWOP For Compensation (ELM
  514.24).
• No Deferral Of Step Increase For LWOP For
  Compensation (ELM 422.33).
• No Thrift Savings Plan When In LWOP (ELM 592.91).
• (continued)

65
RIGHTS AND BENEFITS(continued)

• An Employee In A Limited Duty/Rehab Job Can
• Work Overtime If Within Restrictions
• (EL 505, Exhibit 7.1, QA)
• Bid If Meet Physical Requirements Of Bid Position
  
• (EL 505, Exhibit 11.9b)
• Convert To Full-Time If Capable Of Performing
  Core
• Duties (With Or Without Modification) Of Vacant
  Position
• (Step 4, 9-10-97, I90C-4I-C 93046587).

66
SELECTION OF PHYSICIAN

• Injured Employees Always Have The Right To Choose
• Their Treating Physician Or Medical Facility.
• Non-Emergency The Employee May Select A
  Physician
• Or Hospital Within Approximately 25 miles. A
  Supervisor
• Is Not Authorized To Accompany The Employee.
• (A Chiropractor Is A Physician Under FECA Only
  For
• Manual Manipulation Of A Subluxation Of The
  Spine
• Demonstrated By X-Ray To Exist.)
• (continued)

67
SELECTION OF PHYSICIAN(continued)

• Emergency Sent To Nearest Available Physician
  Or Hospital, Or To Physician Or Hospital Chosen
  By The Employee. A Supervisor May Accompany The
  Employee
• To Ensure Prompt Medical Treatment.
• Animal Bites And Eye Injuries Are Always
  Considered Emergencies. If There Is Doubt As To
  The Emergent
• Nature Of An Injury, It Is Treated As An
  Emergency.
• Physician Providing Emergency Care Is Not
  Considered
• The Employees Treating Physician.
• (continued)

68
SELECTION OF PHYSICIAN (continued)Postal
Physician Or Contract Equivalent

• May Provide Medical Treatment Not To Exceed Two
  Visits
• If
• Employee Accepts Treatment
• Treatment Complies With EL-806 And With OWCP
  Regulations
• And Directives.
• If Treatment Exceeds Two Visits
• That Provider Becomes Employees Treating
  Physician.
• (continued)

69
SELECTION OF PHYSICIANPostal Physician Or
Contract Equivalent(continued)

• Choosing A Contract Doctor As Your Treating
  Physician Is Probably Not In Your Best Interest.
• More Obliged To Their Employer (The USPS) Than
• To The Employee.
• Employee Sacrifices Doctor-Patient
  Confidentiality.
• Doctor Legally Can Share Any Information With The
  USPS.
• (continued)

70
SELECTION OF PHYSICIAN(continued)USPS May
Require Employee To Be Examined By Their
Contract Doctor

• Employee Does Not Have To Accept Their
  Recommended Course Of Treatment.
• Employee Does Not Have To Accept The Contract
  Doctor As Their Treating Physician.
• Such Examination May Not Delay Employees Initial
  Medical Treatment With Their Own Doctor.
• (continued)

71
SELECTION OF PHYSICIAN USPS May Require Employee
To Be Examined By Their Contract Doctor
(continued)

• If Exam Goes Beyond Employees Regular Work
  Hours, Employee May Request Through Their
  Supervisor To Leave. If Denied, Employee Should
  Request Overtime
• Pay.
• Employee Should Not Be Required To Sign Any
  Guarantor Or Medical Release Forms.
• (continued)

72
SELECTION OF PHYSICIANPhysician Changes
Referrals(continued)

• To Ensure Payment Of A Medical Bill, An Employee
  Changing Physicians Should Write To OWCP
  Providing The Reason For The Change And The
  Name And Address Of Both The New Physician And
  The Previous One.
• Referral By A Physician To A Specialist Is Not A
  Change Of Physician. Get The Referral In
  Writing And Send A Copy To OWCP.
• (continued)

73
SELECTION OF PHYSICIAN
FECA 5 USC 20 CFR ELM EL 505 CA 550 QA
8103 10.300(d) 545.41 Ch. 3.2 E-3
Ch. 3.2 E-4
8103 545.44 Ch. 3.9 E-3
10.311 541.2 m (1) Ch. 3.9 E-4 E-5
10.316(a) 10.316(b) E-11
10.324 545.43 545.45 E-3

• Emergency
• Definition
• Non-Emergency
• Chiropractor
• Change Of
• Physician
• Contract Doctor

74
PROVIDING SUPPORTING EVIDENCE

• The Greater The Complexity Of The Medical
  Condition Being Claimed, The Greater Is The Need
  For Thorough And Detailed Evidence.
• Claims For Occupational Disease/Illness Normally
  Require More Complete Evidence.
• One Of The Most Common Reasons For Claims Being
  Denied Is The Lack Of A Clear And Persuasive
  Medical Opinion Regarding Causal Relationship
  Between Specific Work Activity And The Diagnosed
  Condition.
• (continued)

75
PROVIDING SUPPORTING EVIDENCE(continued)Employee
s Statement

• Traumatic Injury
• Describe In Detail How And Why The Injury
  Occurred.
• Give Appropriate And Specific Details.
• Give A Complete Description Of The Condition(s)
  Resulting From Your Injury.
• Occupational Disease/Illness
• Provide A Detailed History Of The Medical
  Condition From The Date It
  Started.
• Give Specific Details About The Employment
  Activity Which You Believe
  Caused The Condition.
• (continued)

76
PROVIDING SUPPORTING EVIDENCEEmployees Statement

• Occupational Disease/Illness (continued)
• Describe Specific Exposures To Substances Or
  Stress Causing The
  Disease/Illness.
• Identify The Part Of The Body Affected.
• Provide A Statement As To Whether Ever Suffered A
  Similar Condition. If So, Provide Full
  Details.
• Give A Complete And Detailed Description Of The
  Current Disease/Illness
• (continued)

77
PROVIDING SUPPORTING EVIDENCEEmployees
Statement (continued)

• Recurrence
• Describe In Detail Your Medical Condition Since
  Returning To Work.
• Provide A Listing Of The Nature And Frequency Of
  All Medical Treatment Received.
• Describe Specifically How And When The Recurrence
  Happened.
• Identify ALL Injuries/Illnesses Which Have Been
  Experienced Between Date Of Return To Work After
  The Original Injury And The
  Recurrence.
• (continued)

78
PROVIDING SUPPORTING EVIDENCE(continued)Medical
Reports

• Traumatic/Occupational/Recurrence
• Dates Of Examination Or Treatment.
• History Of Work Activity And The Claimed
  Condition As Provided By
  Employee.
• Results Of X-rays, Laboratory Tests, MRIs, EMGs,
  Etc.
• Specific Medical Diagnosis.
• Opinion With Medical Reasoning Explaining The
  Basis Of Such Opinion
  Regarding Whether The Condition Was Caused
  Or Aggravated By Employment (Statement
  Of Causality).
• (For Recurrence, Such Opinion Should Address The
  Causal Relationship Between The Current Condition
  And The Original Injury).

79
MEDICAL REPORTS(20 CFR 10.330, ELM 545.51)
USPS

• All Claims Reported To OWCP Require A Medical
  Report
• Detailed And Thorough Medical Evidence Is One Of
  The
• Most Important Aspects Of A Claim
• A Good Medical Report Should Include (See Sample
  Reports Traumatic, Occupational)
• A History Of The Specific Work Activity
  Surrounding The
• Medical Condition
• Dates Of Examination And Treatment
• (continued)

80
MEDICAL REPORTS(continued)
USPS

• Physical Findings Including Results Of Diagnostic
  Testing
• Specific Diagnosis
• Course Of Treatment
• A Description Of All Medical Conditions Whether
  Work-Related
• Or Not
• Treatment Provided Or Recommended For The Claimed
  Condition
• The Physicians Opinion With Medical Reasons
  Regarding Causal Relationship Between The
  Diagnosed Condition And Specific Work Activities
  And/Or Work Incidents
• Whether The Employee Can Perform Any Type Of
  Work
• Prognosis For Recovery (Full Or Partial).
• (continued)

81
MEDICAL REPORTS(continued)
USPS

• Form CA-16 May Be Used For Initial Medical
  Report,
• Form CA-20 May Also Be Used For Initial Report
  And Subsequent Reports (Use Of These Forms Is Not
  Mandatory).
• A Medical Report May Be Made In Narrative Form On
  
• The Physicians Letterhead Stationery.
• Medical Reports Should Bear The Physicians
  Signature
• Or Signature Stamp.
• (continued)

82
MEDICAL REPORTS(continued)
USPS

• The Medical Report Is Submitted Directly To OWCP
• (Keep A Copy For Yourself).
• The Postal Service May Request A Copy From OWCP.
• Form CA-17 Is Normally Used To Obtain Periodic
  Reports
• Regarding The Employees Medical Restrictions
• And Degree Of Disability.

83
EXAMPLE OF A THOROUGH MEDICAL REPORT TRAUMATIC
INJURY(PHYSICIANS LETTERHEAD STATIONERY)
USPS

• To Whom It May Concern
• On January 25, 2004 I examined Mr. Ricardo
  Velasquez. Mr. Velasquez, who is a Postal
  Service employee,
• works 330 PM to 1100 PM at the Northland
  Processing and Distribution Center. He stated
  that at approximately
• 610 PM he was pushing a loaded mail container
  which weighed approximately 310 pounds up a small
  incline
• when it started to tip to the right. Mr.
  Velasquez quickly moved to the right side of the
  container raising his right
• arm and placing his right hand at the top of the
  container. He pushed against the container,
  preventing it from
• tipping over and held it upright for a few
  seconds until two co-workers came to his
  assistance and helped right
• the container. Mr. Velasquez felt no immediate
  pain and finished his work shift without
  incident. However, after
• sleeping several hours Mr. Velasquez woke up
  with a moderate to severe pain in his right
  shoulder area. An
• MRI was performed (see attached report) and it
  demonstrated a partial tear of the supraspinatus
  of
• approximately 1.7centimeters proximal to the
  humerus.
• The patient will be treated conservatively with
  physical therapy and ultrasound. He has no other
  complaints
• or symptoms. He can return to work but should
  not use his right arm to lift more than 5 pounds,
  nor should he
• reach above shoulder height with his right arm.
• In my medical opinion the above described
  traumatic work place incident caused the rotator
  cuff tear which
• was demonstrated by the referenced MRI report.
  Mr. Velasquez use of his right arm to keep the
  container
• upright caused a sudden loading of the right
  shoulder rotator cuff, especially the external
  rotators which

84
EXAMPLE OF A THOROUGH MEDICAL REPORT
OCCUPATIONAL DISEASE(PHYSICIANS LETTERHEAD
STATIONERY)
USPS
To Whom It May Concern On January 25, 2004 I
examined Ms. Brenda Starr. Ms. Starr, who is a
Postal Service Employee, works 330 PM to 1100
PM at the Northland Processing and Distribution
Center. Ms. Starr, who is 54 tall, holds the
position of automation clerk. She describes the
physical activity of a normal work day as
follows for approximately two hours at a time,
two times a day, she repeatedly lifts trays of
mail, which she estimates as weighing 20-30
lbs., over shoulder height to place them in a
storage container. She has been performing this
work for approximately three years. Ms. Starr
complains that for the past two weeks she is
awakened at night with moderate to severe pain in
her right shoulder area. An MRI was performed
(see attached report) and it demonstrated a
partial tear of the supraspinatus of
approximately 1.7 centimeters proximal to the
humerus. The patient will be treated
conservatively with physical therapy and
ultrasound. She has no other complaints or
symptoms. She can return to work, but should not
use her right arm to lift more than 5 pounds, nor
should she reach above shoulder height with her
right arm. In my medical opinion the above
described repetitive work performed at the Postal
Service caused the rotator cuff tear which was
demonstrated by the MRI report. Ms. Starrs
repetitive lifting overhead caused constant
fatiguing of the rotator cuff muscles
(especially the external rotators) as they
attempted to keep the humeral head centered in
the glenoid, resulting in chronic inflammation
and microtrauma resulting in the injury to the
supraspinatus as described above. Ms. Starr has
a good prognosis for recovery. I will evaluate
her progress at the end of 4 weeks of physical
therapy. (Signed by Physician)
85
OWCP CRITERIA FOR EVALUATINGMEDICAL REPORTS

• When A Claims Examiner (CE) Must Determine The
• Relative Value Of Medical Evidence They Ask The
• Following Questions
• Is The Physician A Specialist In The Appropriate
  Field?
• Is The Physicians Opinion Based On A Complete
  And Accurate Medical History?
• What Are The Nature And Extent Of Medical
  Findings?
• Is The Physicians Opinion Well-Reasoned
  (Rationalized)?
• Is The Opinion Speculative Or Equivocal
  (Uncertain)?

86
OWCP DIRECTED MEDICAL EXAMS Second Opinions

• The Attending Physician Is Ordinarily The
  Primary Source
• Of Medical Information And The First Line For
  Medical Questions From The CE.
• If The Physician Does Not Respond Or The
  Response
• Is Equivocal, A Second Opinion May Be
  Requested By
• The CE (An OWCP Second Opinion Exam Cannot Be
  Initiated By The Claimant).
• The Claimant Must Submit To An OWCP Mandated
  Examination As Often And At Such Times As OWCP
  Considers Necessary 20 CFR 10.320.
• (continued)

87
OWCP DIRECTED MEDICAL EXAMS Second Opinions
(continued)

• The Medical Opinion Determined By The CE To
  Hold
• More Probative Value (Using The Criteria
  Described
• Previously) Will Be Used To Determine
  Entitlement
• 20 CFR 10.321.
• If Two Medical Reports Of Virtually Equal
  Weight And
• Rationale Reach Opposing Conclusions A Medical
  
• Conflict Exists 20 CFR 10.321, 20 CFR
  10.502.
• An Employee Scheduled For A Second Opinion Exam
• Should Write To OWCP And Request A Copy Of
  The
• Medical Report, The Statement Of Accepted
  Facts, The
• Questions The Physician Is Asked To Answer
  (And The
• Answers).
• (continued)

88
OWCP DIRECTED MEDICAL EXAMS(continued) Referee
Specialist Exam (Impartial Medical Exam)

• When Equally Well-Reasoned Medical Reports
  Support Inconsistent Conclusions About An Issue
  Under Consideration, OWCP Will Schedule A Referee
  Exam 20 CFR 10.502.
• A Physician Who Has Had No Prior Connection With
  The Case Who Is Qualified In The
  Appropriate Specialty Will Be Selected By
  OWCP 20 CFR 10.321.
• Results Of The Referee Examination Will Be Given
  Special Weight By OWCP 20 CFR 10.502.
• (continued)

89
OWCP DIRECTED MEDICAL EXAMSReferee Specialist
Exam (Impartial Medical Exam) (continued)

• An Employee Scheduled For A Referee Exam Should
• Write To OWCP And Request Copies Of The
  Medical
• Report, The Statement Of Accepted Facts, The
  Questions
• The Physician Is Asked To Answer (And The
  Answers).

90
POSTAL SERVICE FITNESS-FOR-DUTY

• The Postal Service Has Authority Independent Of
  FECA
• To Require A Fitness For Duty (FFD)
  Examination, And Nothing In The Law Changes That
  Right. Such Exam
• Shall Not Interfere With The Employees Initial
  Choice
• Of Physician, Treatment Or Issuance Of Form
  CA-16
• 20 CFR 10.324.
• Such A FFD Report If Submitted To OWCP Must
  Receive Due Consideration, And If Its Findings Or
  Conclusions Differ Materially From The Treating
  Physicians The CE Should Schedule A Second
  Opinion.
• (continued)

91
POSTAL SERVICE FITNESS-FOR-DUTY(continued)

• A Postal Service Installation Head, Human
  Resources Manager, Or Designee Is Authorized To
  Approve A FFD Exam. ELM 545.61.
• If The FFD Conflicts With Findings Of The
  Treating
• Physician No Administrative Action May Be Taken
• To Change The Employees Employment Status
• Until Resolution By OWCP ELM 545.64.
• Employees And/Or Their Physicians Should Request
• A Copy Of The FFD Examination.

92
MEDICAL PRIVACY

• Medical Reports Should Be Sent Directly To OWCP,
• The Postal Service May Request Copies From OWCP
• 20 CFR 10.331.
• The Postal Service May Submit Relevant Medical
• Evidence In Its Possession, Or Which It May
  Acquire
• Through Investigation. However, The Privacy
  Act Applies
• To Any Such Effort 20 CFR 10.118.
• The Postal Service May Contact The Treating
  Physician
• In Writing, But Not By Telephone Or Personal
  Visit (For Limited Reasons) 20 CFR 10.506, ELM
  545.52.
• (continued)

93
MEDICAL PRIVACY(continued)

• When Such Communication Takes Place The Postal
  Service Must Send A Copy To OWCP And The
• Employee, As Well As A Copy Of The Physicians
  Response Upon Receipt 20 CFR 10.506, ELM 545.52
  .
• The Postal Inspection Service May Receive
  Restricted Medical Information Upon Written
  Request.
• The Signing Of A Medical Release For Postal
  Service
• Use Is Voluntary. (Step 4 Decision, PS Form
  2488)
• (continued)

94
MEDICAL PRIVACY(continued)

• Form CA-17, Duty Status Report, May Be Used To
• Obtain Interim Medical Reports Regarding Return
  To
• Work Capability 20 CFR 10.331, ELM 545.52.
• OWCP Related Medical Records May Be