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Thursday, March 17, 2011

Field Nurse

Today, I want to talk about what it means when a field nurse is assigned to your case. I've heard from a lot of claimant's how a field nurse seems to march in and take over as if they're the new boss. I've heard horror stories of Privacy Act violations and intimidation. The field nurse may tell you that you and your physician's have to do what they say and/or ask...or else...but this is not true. Unlike Vocational Rehabilitation where you must cooperate, your cooperation with the field nurse intervention program is voluntary.

Once the field nurse is assigned to you, you can track any payments made to the nurse from OWCP on the billing page of the ACS site if you want. You can find the ACS site on the "Links" page.

The field nurse will likely provide you with some sort of consent or release form. Most of these releases are so broad, they can entitle the nurse to your medical records from birth and are not specific only to your OWCP claims. I've seen some that even release financial information as well. I can't think of anyone who wants to sign something like that.

If  your field nurse supplies you with a release to sign and you find the release the nurse gives you too broad, you can type up a release of your own. Your release can limit the nurse to medical documents that pertain ONLY to your OWCP case. You can name specific physician's who have permission to release your records. You can put time limits on the release. The field nurse is assigned to your case for 120 days from the date of OWCP's referral. The CE may authorize an additional 30 days if need be. So your release should expire 150 days from the date of your referral. I've put an example of a release on the "How To" page. If your field nurse doesn't like it, too bad. You've provided a release for the records that pertain to your OWCP claim, which is all the nurse should be interested in.

I also suggest you type something up for your physician(s) that states no medical records are to be released without your express written permission. You should also explain to your physician(s) that s/he does not have to speak to the nurse or allow the nurse into the exam room without your permission. Doctor patient confidentiality applies when dealing with an OWCP field nurse unless you provide a signed release. If your doctor is the nervous type, explain that although the nurse may appear to be in charge, it is in fact the physician that still calls the shots in his own office.

I suggest you bring a tape recorder to any meeting with the field nurse. That way there's no confusion later as to who said what and you have documentation should the nurse's report state the events other than they actually happened. You will not automatically receive copies of your field nurse's reports, but you can get them by requesting copies of your file (see the "How To" page).

In a September 2010 case appealed to the ECAB; http://www.dol.gov/ecab/decisions/2010/Sep/10-0485.htm the Office reduced the claimant's compensation to zero for failure to cooperate with field nurse services. The Board stated the role of the Office filed nurse, as described in its procedures, is to attempt to "identify light or limited duty for the claimant" at the employing establishment, with the goal of reemlpoyment in the previous position.

The Office's procedures contemplate that such activities do not constitute vocational rehabilitation, but may result in a referral to a vocational rehabilitation specialist for a formal vocational rehabilitation plan.

The Board concluded that the claimant's failure to return a consent form did not impede efforts toward job placement, but delayed the field nurse's ability to communicate with claimant's physician. The Board reversed the Office's decision.

In the appeal of http://www.dol.gov/ecab/decisions/2006/Dec/06-0777.htm the Office advised the claimant that she had been assigned a case management nurse. The nurse was assigned to monitor claimant's medical status and progress, assist in coordinating the medical aspects of her care and facilitating the flow of information concerning her treatment.

The Board noted there was no referral for vocational rehabilitation, but a referral for nurse intervention to work with claimant on medical management to facilitate her return to work. The Board found that the field nurse's activities were limited to the role set forth in Office procedures, i.e., of attempting to return claimant to work and providing medical management services, a preliminary reemployment effort.

The Board determined this did not constitute non-cooperation with vocational rehabilitation and the Office did not meet its burden to suspend claimant's compensation. The Board reversed the Office's decision.

Another very similar case can be found at: http://www.dol.gov/ecab/decisions/2008/Jun/08-0528.htm

As with any other medical personnel assigned by OWCP, research the nurse. Does s/he have a valid certification? Are there any ECAB decisions regarding the nurse? Any red flags?

Information on field nurses can be found in the FECA Manuals at;

Part 2 at 2-600-8
Part 2 at 2-0811
Part 3 at 3-0201-3
Part 3 at 3-0201-7
Part 3 at 3-0202-1

You can find parts one and two of the FECA Manuals on the "Links" page.

Tuesday, March 15, 2011

You Are Not Alone

There's no doubt in my mind that the entire OWCP system is designed against claimant's and not for them. It's almost comical that they consider the system non-adversarial. I say almost because it's not funny to claimant's that have to live through OWCP's antics and games while injured and in pain.

It's not enough that the injured worker takes flack from fellow employees, their supervisors, their HR department, but they also have to take it from OWCP simply because they went to work and got injured. Sooner or later most claimant's find themselves wanting to give up just to be free of the system. This is exactly what OWCP wants you to do; give up your rights to the benefits you're entitled to.

All injured workers have to accept that their lives may no longer be the same, that they will forever face medical issues and pain due to their employment related injuries. This is not easy to accept and is made harder by being constantly bullied by the system that's supposed to help you. Although it may feel like it, you are not alone. There are tens of thousands, maybe hundreds of thousands of injured employees in exactly the same boat.

OWCP relies on your fear. At some point, every claimant feels it. The fear comes from the unknown. Not knowing how or what to do when it comes to your OWCP claim. Hopefully, this site will teach claimant's how to deal with their claims and how to navigate the system. For every action OWCP takes, there is a counter action a claimant can take.

I want to teach you to fight. I want you to realize that there are ways to get around the OWCP bullies and their decisions. I want you to realize that you are not alone and there are people out here who understand what you're going through and want to help you but you must stay in the fight. The best way I can put it is...Never give up...Never surrender.

Monday, March 14, 2011

Welcome to the Classroom

The Office of Workers' Compensation Programs or OWCP is unknown to most Federal employees, until they're hurt on the job and once an employee is thrown into the machine known as the OWCP, their life forever changes.


It's not enough that the employee is injured and trying to cope with the reality of being injured, sometimes for the rest of their lives, but to then be subjected to the OWCP's rules and requirements the runaround and misinformation is adding insult to injury...literally.


The attempt here is to educate claimant's in the ways of the OWCP and give real examples and clear cut information. To ease the fear and frustration of having to deal with a complicated and exhausting system without the knowledge of how to do so all while dealing with pain and injuries.

Claimant's have to be their own advocates. OWCP and your Agency is not going to help you. You must help yourself to receive the benefits you're entitled to.

If you haven't already done so, you should request a copy of your file from OWCP. Go to "Letter Templates" for an example of how to request a copy of your file. Once you receive your file, go through it carefully.


Feel free to ask questions or post requests for information.