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Federal Workmans compensation .... Federal

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  • Federal Workmans compensation .... Federal

    I recently had my case accepted for workman's compensation. Due to my salary as a federal employee I am above the limits and will be capped at the maximum (75% of a GS-15 step-10). This amount is 30% less than what I would have gotten without the cap.

    My questions:

    A - Do I have any legal recourse as I am being financially punished for having a higher paying federal job ???

    B - If I am able to work outside my career specialty will it still be deducted or is there a cushion because I'm over the cap ???

    C - Seeing how I am currently losing my home, if I relocate to a less expensive state is there anything I should be aware of ???? I am currently in NY and would like to move south, maybe NC.

    I truly appreciate any help I can get.
    Last edited by wetback; 10-24-2007, 01:38 PM.

  • #2
    Originally posted by joec
    You need an attorney that specializes in FECA I don't know if their are any posters that have experience with this. Hopefully if their is one will stop by.
    JoeC
    You know what it is like trying to find someone who is competent and willing to work with you ?? I am on here because I can't find one that can give me answers LOL

    Comment


    • #3
      Originally posted by joec
      I hailed our one,and only W.C lawyer hopefully he can shed some light on it.
      JoeC

      Thanks a lot Joe, I appreciate it.

      - Joe D

      Comment


      • #4
        Follow this link, it might help http://www.workerscompensationinsura...play.php?f=628
        Beth,
        Legal Assistant
        Workers Compensation Specialist

        Comment


        • #5
          Originally posted by whatamess View Post
          I reposted over there as well,thanks.

          - Joe D

          Comment


          • #6
            Wetback, you may be able to locate a federal work comp lawyer at this site--look at the member directory. www.wilg.org
            Bob Bollinger, Attorney
            Board Certified Specialist in NC Workers' Compensation Law
            Charlotte, NC

            Comment


            • #7
              Originally posted by complwyr View Post
              Wetback, you may be able to locate a federal work comp lawyer at this site--look at the member directory. www.wilg.org
              I have a lawyer, that is how my case was accepted. But he is unable to answer the questions I posted above. He only goes as far as the acceptance, then he is finished. Most do not want to question or go against the goverment unless it is a BIG case.

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              • #8
                The problem is that I don't think any of the regular posters here have experience with the Federal workers comp system.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  Originally posted by cbg View Post
                  The problem is that I don't think any of the regular posters here have experience with the Federal workers comp system.
                  Yeah I can see that, and the Fed Comp board is dead.

                  Comment


                  • #10
                    Actually, I have a little bit of experience with federal WC, but since you already have a lawyer, that is who you should really direct case specific questions to.

                    As for the rest, no you do not have legal recourse because your salary is over the cap. That is why there is a cap. Even non federal has caps and yes, it does disproportionately disadvantage those in upper income levels. The remedy is to get the law changed.

                    What was your job in the government? Any chance you fall under the Longshore Act or Defense Base Act?

                    Are you able to work your previous job? Are you speaking of working this other job while you are still healing or after reaching MMI?


                    You can find more here http://www.dol.gov/esa/regs/complian...p/fecacont.htm
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                    Comment

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