Felser Law Firm, P.C.
October 10, 2010
Welcome to our new website! We are continuously working to update our site to assist injured Federal workers with the problems they encounter with the Department of Labor. Please check back frequently in the coming months to view our new content, our latest Decisions, and new features that will allow you to post questions, download claim forms, and access our research on the issues that effect your entitlement to wage compensation & medical benefits.
Our most recent Hearing Decisions (View All Recent Decisions) include successful appeals of Schedule Awards, Termination of Benefits for Refusal to Accept Suitable Employment, & LWEC Decisions. As the result of many of these Hearing Decisions, claims that were initially denied have been accepted. In addition, several of our recent Hearing Decisions resulted in remands for development which led to the payment of wage compensation on the periodic roll for the claimants’.
In the case of H.C. (View), the Claimant is employed as a Special Agent for the Dept. of Homeland Security/Immigration & Customs Enforcement. The Claimant sustained substantial lumbar injuries as he result of his job duties. The Claimant had previously received a Schedule Award for Permanent Impairment (under the AMA Guides to the Evaluation of Permanent Impairment, 4th Ed.), to the right lower extremity under a separate claim for 8%. At hearing, and in our post hearing brief, we argued that the impairment rating and report from the Claimant’s physician had not been properly considered; and given the disparities between the 4th & 6th Ed. Guides, that the DMA expressed difficulty in giving an unequivocal opinion that explained & distinguished the new impairment from the previous rating. The case was remanded for additional review by the DMA. As a result, the Claimant was recently awarded an additional 14% PPI to the right lower extremity (approximately $53,000.00 in additional wage benefits). In addition, the claim was expanded to include lumbar disc herniation (ICD-9 Code 722.10).
In the case of B.B. (View), the Claimant is employed as a Science Teacher with the Dept. of Defense. The Claimant had two accepted claims of injury to the bilateral feet. As the result of the injuries, the claimant required sedentary duty, a restriction fully supported by the medical documentation. The employing Agency was unable to offer the Claimant a position in adherence with the work restrictions; and insisted that she return to work without a written offer of suitable employment or a valid attempt at reasonable accommodation for the work-related injuries. Nonetheless, the District Office denied the CA-7, Claim for Compensation filed by the Claimant when she was unable to continue working. The Decision was appealed, resulting in the reversal of the Office’s Decision; and the initiation of the Claimant’s wage compensation.
In the case of J.H. (View), the Claimant is employed by the Postal Service. Surgery for the accepted, work-related injury resulting in the consequential condition of MRSA. The Postal Service could not reasonably accommodate the employee given the infectious nature of the condition; and the risk to public health, as well as the risk to other Postal employees. The Claimant’s CA-7 for wage compensation was denied. On appeal, the Hearing representative determined that we had submitted sufficient evidence to warrant a remand of the case for additional development. Upon completion of development, the Claimant was awarded wage compensation on the periodic roll.