ECAB finally provides notice of the right to seek reconsideration following an ECAB decision

An interesting development I have noticed is that 33 of the approximately 295 ECAB decisions issued by ECAB since May 25, 2011 have some version of the following language at the end of the decision or in a late footnote:



"Appellant may submit new evidence or argument with a written request for reconsideration to OWCP within one year of this merit decision, pursuant to 5 USC § 8128(a) and 20 CFR §§ 10.605 through 10.607."



It has always irked me that there was no notice by OWCP or ECAB that the right to request a Reconsideration from the district office follows from an ECAB merit review decision. I have had many FECA claimants tell me that their case was over because ECAB ruled against them. Its easy to see how this incorrect assumption arises since there is no notice that a new reconsideration of the merits of the case can be requested within one year of an ECAB decision.



Based upon the Board having decided to start including this language in decisions, perhaps the Board would be receptive to finding that a claimant who failed to seek reconsideration within one year of a prior ECAB decision that did not include this notice must be given a merit review of his reconsideration request.



I am still trying to understand why only 15% of decisions are including suddenly this notice rather than all decisions.

USPS Proposing to Break Contracts and Withdraw from Federal Health and Pension Plans

According to an article in the Washington Post, the U.S. Postal Service is proposing to cut its workforce by 20 percent and to withdraw from the federal health and retirement plans because it believes it could provide benefits at a lower cost. Read the article here:



http://www.washingtonpost.com/politics/usps-proposes-cutting-120000-jobs-pulling-out-of-health-care-plan/2011/08/11/gIQAZxIM9I_story.html

Loss of Wage Earning Capacity Determinations

Many FECA claimants who have returned to work, or simply had their check reduced based upon a determination that they were capable of working even though there was no job available, can later apply to have OWCP determine that they are once again unemployable. This sort of a determination can be reviewed at any time. For instance, if OWCP determined you were capable of working ten years ago and now your work related condition has followed its natural progression (not worse due to an intervening events) and you are no longer employable, you can request that OWCP modify the Loss of Wage Earning Capacity Determination and determine that you are once again unemployable.

Be Very Careful With Your Health Insurance Decisions

I received a call the other day from a gentleman who had been disabled and unable to work for several years. He is getting by on his CSRS retirement pension and is being overtaken by bills. He wanted to know how to stop his federal health insurance from his pension so he could switch to a much cheaper plan that he had learned about via a telephone call pitching this inexpensive health insurance. I warned him that he needed to be very careful.

If you cancel your federal health insurance, you generally will not be allowed to pick it back up later. Currently there are many low cost health insurance plans that provide meager benefits. While these plans are called health insurance, benefits can be capped as low as just a few thousand dollars per year. If something sounds too good to be true, its not true. Few Americans can say they know they will have regular health insurance for the rest of their lives. Federal employees can. First while during working years, then, through pensions or workers compensation. If you become disabled before completing your career, you will get your health insurance through the disability aspect of your pension, or through workers compensation benefits, from which the premiums will continue to be deducted. Health insurance, unfortunately, is expensive. But, as I suggested to this gentleman, you need to look a little more carefully at this; what sort of health insurance is somebody really going to give you for $79 per month when your current health insurance is paying $450 per month for their share of your prescriptions alone?

Secret Shopping and OWCP

A Postal Inspector tactic to trick injured workers has recently been brought to my attention. An injured worker was contacted by someone from a “marketing” company who wanted her to work as a secret shopper. She met with them, was given some gift cards to use, and proceeded to “work” by occasionally buying things. Turns out, the various representatives of the company were all Postal Inspectors. The injured worker even went to a bowling party with other “employees” of the “marketing” company. Her new friends were all Postal inspectors. The injured worker was successfully prosecuted for fraud.

If you are receiving benefits because you are unable to work, you cannot work. You cannot engage in any activity that could be construed in any way as working or operating a business.

Hot Coffee - The Movie

Anyone struggling with the workers compensation process recognizes how our society now treats injured workers as second-class citizens. Since the 1960's, insurance companies and big business interest groups have pushed the many myths that have together turned workers compensation and other critical safety nets of our society into decisions that cause people to feel shame and draw the scorn of those who have not had the misfortune of needing to draw these benefits.

With this in mind, I encourage you to watch Hot Coffee, a documentary about the well-known incident of the woman burned by McDonalds’ coffee. Hot Coffee shows just how a story that should be about corporate greed can be turned on its head to blame the victim. You will be shocked to learn how corporate interests spend enormous amounts of money to influence public debate to the point where ordinary citizens no longer understand their own self-interest!

Susan Saladoff produced and directed this film as an article of faith and a labor of love. Years of hard work paid off when Hot Coffee was shown at this year’s Sundance Film Festival. Shortly after that, HBO optioned the film. I had the honor of being invited to an early screening last year.

Be sure to watch this Monday at 9 pm (EST), June 27, the HBO premiere of Hot Coffee -- a documentary about the fictions and false alarms that threaten the civil justice system.

Mail Sorters

Postal Service Mail Sorters
After losing almost 57,000 jobs between 2004 and 2009, the BLS expects a further 30% decline in this occupation by 2018. With more automated processes for mail sorting and increasing correspondence via e-mail and fax, this job is quickly becoming unnecessary.