Non-Appropriated Fund Employees (NAF)

Certain Government employees that work at military bases are covered by a Workers’ Compensation type law called: Non-Appropriated Funds Act. 

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Appellate Procedure

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Third Party Recovery

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Suitable Job Offer

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Statute of Limitations

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Independent Medical Examinations

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Performance of Employment

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Inability to drive

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Maximum Medical Improvement

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Make Shift Job

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom

 

Loss of Wage Earning Capacity

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Intoxication

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Independent Medical Examinations

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Independent Medical Examinations

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Emotional Claims

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Disability vs Impairment

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Death caused by work stress

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Date of Injury

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Criminal Conviction

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Burden of proof

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Keys to the Kingdom

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Change of Physician

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Casual Relationship

 

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Wages

Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.

Burden of proof

Federal workers’ compensation attorney Alan J. Shapiro has 28 keys to the Kingdom of workers’ comp claims process.

Attendant's allowance

Federal workers’ compensation attorney Alan J. Shapiro has 28 keys to the Kingdom of workers’ comp claims process.

Approval for Surgery

Federal workers’ compensation attorney Alan J. Shapiro has 28 keys to the Kingdom of workers’ comp claims process.

Aggravation of pre-existing condition

Agency Medical Exam: 

Federal workers’ compensation attorney Alan J. Shapiro has 28 keys to the Kingdom of workers’ comp claims process.

Federal Workers’ Compensation Attorney Alan J Shapiro was a guest lecturer to the National Treasury Employees Union (NTEU) stewards on January 26 2016 in Covington KY. 

When you are on Workers’ Compensation Benefits, you are not on vacation.

Your job is to do what is necessary to return to work as soon as possible.  OWCP believes that they “own” you when you are receiving Workers’ Compensation payments.

Doctor’s Restrictions

Watch what your doctors say about restrictions.

Office of Inspector General (OIG) may make a big deal out of the restrictions given by your doctor.  Question your doctor about the restrictions.   Make sure the doctor explains the restrictions.  

Leave Buy Back?

Should a Federal Workers Compensation Claimant buy back his/her leave?

An agency may request that its employee submit to a medical examination. Here are the rules that apply.

OWCP had recently acknowledged that there is a distinct legal difference between disability and impairment.

OWCP denied thousands of cases on the basis that a loss of wage earning capacity had been established by the offer of a modified job.  If the job was bona fide, that is was a “real job” then the claimant would not be entitled to temporary total compensation.

OWCP will, on occasion, deny a claim because it was not filed on the date of injury, or the original date of injury is shown to be incorrect, or records contain various dates of injury.

On October 6 2015, Attorney Alan J Shapiro was a guest lecturer to the Air Marshall’s Association (AMA) in New Brunswick New Jersey.

The topic was “Workers’ Compensation Fraud”.  The essence of the speech demonstrates the necessity for a claimant, who is not back to work within 90 days to consult legal counsel to determine what activities the claimant may engage in while receiving benefits.

In many instances, OWCP will try to decide a claim without reference to previous claims involving the same of similar injuries.

In most cases, establishing the pay rate for a Federal Workers’ Compensation claim is rather easy.  You look to the total pay for the year prior and then divide by 52 weeks.  However, the average annual earnings should never be less than 150 times the employee’s average daily wage earned in the particular employment during the year just before the injury.   This is known as “the 150 formula”.

Does federal workers’ compensation cover injuries sustained in a workplace assault?

The answer depends on the circumstances surrounding the assault. If the assault is a consequence of work or conditions surrounding work activity, the resulting injuries would likely be covered by federal workers compensation.

Do I have a federal workers’ compensation claim if there is no clear diagnosis for my injury?

A recent ECAB decision, M.M. and Department of Veterans Affairs, 115 LRP 26940 (ECAB 06/02/15), found that a federal worker’s claim was properly denied because there was no a clear medical opinion on the nature of the injury. Doctors in the case presented a host of possible injuries resulting from the worker hitting her head, but there was no single clear diagnosis.

In a recent case, N.Y., Appellant and U.S. POSTAL SERVICE, POST OFFICE, Houston, TX, Employer 115 LRP 17695, ECAB certified the prior OWCP denial of a U.S. postal workers claim because there was no evidence to support the worker’s claim.

In a recent case, A.M. and Department of the Air Force, 115 LRP 18116, a claim of traumatic injury was denied because the date stated on the filing did not match information on the injured worker’s medical records.

Refusing a “suitable job” is almost always a very bad decision.

The IME doctor must use the medical condition accepted by OWCP.

Is an unexplained fall in the performance of duty compensable? Is this

Are OWCP forms sufficient to establish causal relationship?

What constitutes an appeal?

Authorization for surgery or any treatment is not a sure thing.

This may be one of the best decisions explaining how the AMA Guides 6^th Edition work.  When two examining physicians have different findings, the claimant is entitled to a third impartial medical specialist exam.

Words are important.  Words such as: “can”, “could”, “more likely”, “in my medical opinion”, are not sufficient to establish causal relationship.

When a pre-existing condition becomes disabling because of a work related incident, the resulting disability is compensable regardless of the degree of such aggravation.

Upper or lower extremity impairments caused by neck or low back injuries must strictly comply with the July/August 2009 newsletter.

The description of the incident must be consistent in all of the records.  If the employer has one version of the incident and the doctor has another version, and the hospital has a third version, the claim will be denied.

This has become a more frequent method of employment.  A couple of years ago, I presented a paper on this topic to the American Bar Association.  This is not a “black and white” situation.  It is very grey.

Very few of my clients have this problem.   I try to make it very clear that a claimant receiving Federal Workers’ Compensation is not on vacation.  A claimant is never too busy to go to vocational rehabilitation.

Each year, I try to comment on various ECAB cases.  Naturally, I am of the opinion that cases wherein I am the representative are the most relevant.  However, I will try to be objective.

FAQ - What happens if my physician and the second opinion physician disagree?

If your physician and the second opinion physician disagree about the extent of your injury the OWCP is tasked with selecting a “referee physician”.

 

Can OWCP suspend compensation if I miss a physical examination?

FAQ Does FECA cover travel expenses for approved medical treatment?

Anyone who has ever been attacked by a dog knows it is both traumatizing and can lead to serious medical complications. U.S.P.S. letter carriers are particularly vulnerable to dog attacks. Their job duties frequently put them in close proximity to dogs.

As a federal employee, if I was injured in my employer's parking lot, is my injury covered by FECA?

If I had a preexisting medical issue or injury, which was aggravated by my employment would it make me ineligible for federal workers’ compensation?

According to FECA Bulletin No. 14.01, issued on December 12, 2013, the U.S. Supreme Court’s decision in U.S. v. Windsor ruling Section 3 of DOMA’s unconstitutional; means that legally married same sex couples are now eligible for FECA benefits.

Be careful!  You may create an overpayment in your Federal Workers’ Compensation benefits.
Be careful!  You may have given up your job for no pay gain.

OWCP’s legal obligation is to be an impartial assembler of the facts.

A job offer of part time work to a full time employee does not constitute a suitable job or a WEC job.

The Treasury had mandated that all payments be made by direct deposit.

Please note that OWCP takes a very stern position concerning rehabilitation.

There is a big difference between a recurrence of a claim and a request for further allowance of a consequential condition.

Some claimants seem to misunderstand how attorneys function.

Many times ACS and Federal Workers’ Compensation Claims Examiners will tell claimants that the “case is closed”.

OWCP often pays bills to medical providers that are not related to the accepted injury.

On May 17 2013 in Washington DC, federal workers compensation attorney Alan J. Shapiro gave a presentation on ECAB trends to a select group of Federal Workers' Compenation attorneys.

Claims for mental injuries have increased drastically in the last few years.  The uniqueness of the service in countries such Iraq and Afghanistan seem to have produced an influx in PTSD claims.

Geoffrey and Alan Shapiro attended the Annual Longshore Conference sponsored by Loyola University of New Orleans.   The conference discussed recent developments concerning Longshore and Defense Base Act Claims.  The hot topic was “Average Weekly Wage”.

Every once in a while…. justice is served.   Recently an alleged Independent Medical Examiner (IME) was sanctioned by the State Board of Psychology of Ohio.

The workplace use to mean a specific site provided by the employer.  This has changed significantly in the last ten years.  Many Federal Agencies permit, or even encourage, flexible work arrangements. 

Under Federal Workers Compensation, once you have returned to work, a recurrence of the medical condition will only be considered if the WORK RELATED INJURY, in and by itself, becomes so acute that you cannot work.

In April 2011, Attorney Alan Shapiro attended a symposium in Boston Massachusetts which was sponsored by the American Bar Association, Workers Injury Law and Advocacy group (WILG), and the Massachusetts Academy of trial attorneys.   The symposium was titled “Workers’ Compensation: a Centennial History and the Future”. 

Geoffrey Shapiro will be a featured speaker at the 18th annual National Expert Witness Conference sponsored by SEAK on June 25th and 26th 2009 in Hyannis Massachusetts.