TIP OF THE WEEK - March 2, 2015TIP OF THE WEEK - March 2, 2015

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WHY IS CONSISTENT CASE MANAGEMENT IMPORTANT?

(INCLUDING MONITORING YOUR CHARGEBACK BILL)

Answer:

Appellant’s claim was accepted for aggravation of lumbar disc disease after she injured her back while squatting down to pick up a telephone during an office move on February 13, 1984.

She returned to half-time work on January 28, 1985. The Office reduced her compensation accordingly. On March 23, 1992 appellant reduced her working hours to 12 hours a week.

On July 22, 1994 the Office adjusted her compensation to reflect her current actual earnings. On October 12, 1999 appellant filed a recurrence of disability claim, alleging that she could no longer work due to the excessive and excruciating pain in her legs and back.

She alleged that her physical strength and endurance had deteriorated over the prior 15 years. On November 15, the claimant was referred for a SECOP.

The examiner concluded “that appellant had no “identifiable physical abnormality of the lumbar region” directly affiliated with the 1984 work injury but were related to degenerative disc disease and osteoarthritis. The SECOP examiner also opined that the appellant’s cessation of work was not causally linked to the 1984 injury and that she had no physical abnormality that would prevent her from performing the physical duties of her job.

As there was a conflict between the claimant’s treating physician and the SECOP examiner. The IME establishes that appellant had no work-related physical condition that resulted in total disability for work. ECAB affirmed the 2000 termination of benefits.

Reference: ECAB http://www.dol.gov/ecab/decisions/2003/Jan/02-1958.htm

If you have a question or topic for Tip of the Week, contact your District 6 liaison, Jacksonville, FL 2

So what’s the problem?

Answer:

The employee’s compensation was never terminated by OWCP when the claim was denied. The stopped working in 1999 and the employing agency removed the employee from their rolls in 2001. OWCP continued to pay the claimant wage loss compensation. These compensation benefits have totaled more than $422,700 between June 1, 2002, and December 14, 2013.

Take Away:– Consistent case management is a must– Follow up with OWCP if we see that benefits continue to be paid

after the termination date

Reference: OIG-15-1MA Abandonment of Suitable Work, December 18, 2014: http://www.gao.gov/assets/670/667765.pdfFormer GAO employee got worker's compensation for 30 years, IG says; http://www.federalnewsradio.com/440/3769778/Former-GAO-employee-got-workers-compensation-for-30-years-IG-says

If you have a question or topic for Tip of the Week, contact your District 6 liaison, Jacksonville, FL 3