OWCP CA 7 code 83 Unable to pay -OWL

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Latest post 08-22-2010 9:52 AM by stevepsca. 1 replies.
  • 08-21-2010 10:17 PM

    • Frazee65
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    OWCP CA 7 code 83 Unable to pay -OWL

    I was injured while working in Civil Service at Hill AFB Utah 22 August 2007.  I was separated due to my injuries and given 6 months of severance pay on July of 2009.  Jan of this year my package ran out so I filed the CA 7 for lost wages due to accepted Work injury.  After 9 months of stringing me along, saying I need a second opinion and then saying they didn't need one I have now found, via their AQS system, that I have a code 83 Unable to pay OWL code on my CA 7 request.  The voice automated system says it's due to no loss of wages.

    How can this be?  I can't work due to my spinal injury ( 5 damaged discs with corresponding nerve damage that causes weakness in my right knee as well as pain throughout my right let to my right foot).

    I have no other training to do equivalent paying work and of course can't do physical work of any sort now as both of my doctors have me on perm restrictions and saying I've reached MMI.

    I'd be homeless at this point if not for my 64 year old father allowing me to live under his roof.  

    What can I do, is there a lawyer that's interested in this case and feels good about winning it?  

    Also of note, my fall at work came because the workplace was negligent of adhering to a 4 foot fall protection regulation of OSHA.  They discovered their negligence after my injury and now have put in place standards to adhere to said regulation.

    I was trying to play nice, to allow the system to take care of me and even more than willing to get into their Vocational Rehab program at OWCP to get trained and get back to work.

    Now after 9 months of no pay and no life I'm past the point of being the nice guy.

     

    Any help in this area would be appreciated and taking action yesterday would be helpful.  It would have to be a paid if/when we when kind of deal but I'm okay with that now.

    Hell I'm okay with seeking suit for the OSHA violation for pain and suffering if need be now even though I've never been a litigious kind of man.

    Help...

  • 08-22-2010 9:52 AM In reply to

    Re: OWCP CA 7 code 83 Unable to pay -OWL

    You might want to ask the moderator to move this thread to the Federal WC board.

    You do need an attorney competant in Fed comp...however, those are few and far between.  Fed comp has a unique system of their own, and little in dispute resolution process.

    As you probably know, when your Dr determines you have reached a stable condition, MMI, your wage replacement benefits stop, you are rated for resulting impairment/partial disability and those indemnity paybments begin. It is also expected you would return to work. Whether that is pre injury job, or employer doesn't matter.

    If you were in fact seperated due to your injury/claim, you may have action under ADA/EEOC, as well as not being permitted to return to work due to a qualifying disability.

    You really, really need to consult with an attorney. Don't wait on this, there are important time frames to meet when you are disputing a comp claim.

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