Episode 20 Federal Workers Compensation Coffee Break Podcast - Scheduled Awards & Disability
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Federal Workers Compensation Coffee Break Podcast is about all things related to Federal Workers Compensation, FECA, OWCP, DOL & Longshore claim filing as an injured federal worker. The podcast is an educational and informative training on how to navigate the DOL -OWCP claims filing process for all types of injured US government and federal workers. The podcaster has 27 years in assisting with federal workers compensation as a consultant and trainer. The podcast is free and is educational. If you need help with anything related to a federal workers compensation claim...help is just a cup of coffee away.
The FECA provides that loss of both hands, arms, feet, or legs, or the loss of sight of both eyes is prima facie evidence of permanent total disability. See 5 U.S.C. 8105(b). It does not mean, however, that a claimant in this medical condition should be automatically declared permanently and totally disabled.
Compensation is provided for specified periods of time for the permanent loss or loss of use of certain members, organs and functions of the body. Such loss or loss of use is known as permanent impairment. Compensation for proportionate periods of time is payable for partial loss or loss of use of each member, organ or function. 5 U.S.C. 8107(b)(19).
Employees covered under the Federal Employees’ Retirement System (FERS) are required to apply for Social Security disability benefits in order to obtain FERS disability retirement. Social Security regulations provide for dollar-for-dollar offset of Social Security disability benefits if an employee receives workers’ compensation disability benefits.
Social Security Disability: Social Security considers OWCP Schedule Awards as disability benefits, and will deduct the full amount from any Social Security disability benefits due. Moreover, Social Security will report the full amount of the deduction to the IRS as taxable income, even though it never was paid to the injured worker.
VA Disability: Under FECA, an injured federal worker whose claim is accepted is entitled to medical benefits and wage loss compensation. For federal worker with DVA disability ratings, applying for some FECA benefits may require an election between the DVA benefits and FECA benefits. An injured worker with a DVA disability rating for the same injury will often receive more from an increase of their DVA disability rating than from a schedule award. Injured workers with DVA disability ratings should contact their National Business Agent’s office for guidance.
To receive a Schedule Award, the person must be rated by a physician, using the AMA Guides to the Evaluation of Permanent Impairment, Sixth Edition, g, the person has to have reached Maximum Medical Improvement, which is referred to as MMI.
Schedule Award is paid using the formula:
(OWCP Compensation Rate) x (Number of weeks allowed on the Schedule for the injured body part) x (% of Impairment) = $Schedule Award
Dr. Taylor's educational podcast utilizes his experience and history as a DOL - OWCP provider and his years of consulting and teaching all things federal workers compensation related. This is an educational short form format for learning how to successfully file federal workers compensation claims. So grab a cup of coffee and lets begin.
Dr. Taylor's contact information for more information or assistance is:
https://fedcompconsultants@protonmail.com
If you need a provider or assistance with a DOL claim in Tampa, Jacksonville or other areas of Florida you can make an appointment to see him and the other providers at his clinic at 813-877-6900.
53 episodios