by Keisha Lewis, Director of Safety and Injury Compensation

NRP UPDATE

• If you are being sent home due to NRP, you should request your PS 3971 form. You have a right to copies of your PS Form 3971. The benefit of having a copy of your 3971 form is that it is proof to DOL why you are requesting compensation. Also, if you are being compensated by DOL, make sure your supervisor places you on LWOP Code 49. There are different reasons why people are placed on LWOP and Code 49 means Injured On Duty-OWCP. If you are placed onto Code 49, it protects your retirement, when you are LWOP in excess of 6 months. Remember, you can not claim compensation with DOL if you are receiving sick leave or annual leave from the Postal Service.

• Some injured employees have been referred by Department of Labor for vocational rehabilitation. Vocational rehabilitation is when Department of Labor tries to return an injured employee to gainful employment. If the Postal Service states they have no work for the employee, Department of Labor will look for work outside the Postal Service. You are required by OWCP’s regulations to cooperate with the Rehabilitation Specialist and to undertake rehabilitation activities directed toward suitable employment, or benefits may be terminated or reduced. I cannot express why it is so important that we have a grievance on file for you, if you are being sent home due to your on the job injury.

• The Claimant Query System (CQS) now allows you to view your case file status online, 24 hours a day. You can view your accepted conditions and address of record. You can also track compensation and payment through CQS. The link is assessable on our website in the injury compensation department or you can log onto http://owcp.dol.acs-inc.com/portal/main.do.

We need statements for limited duty employees that was sent home no work available due to management’s withdrawal of limited duty

Management implemented a new unilateral pilot program in which it denies limited duty employees work within their medical restrictions and it is in a direct violation of section 546.142 of the ELM.

The union carries the burden of proof in contractual cases, therefore we need your statements to support your grievance for denial of limited duty.

In an effort to develop the best possible case, we are requesting a written statement from the affected employees detailing the type and amount of work you were performing prior to being sent home by the employer, and for how long you had been performing the work. we also need to know what other work, if any, that you believe is available and within your medical restrictions to perform at your Post Office and/or other Postal facilities. As you know, this information is critical to developing the best case on your behalf. Therefore it is imperative that you provide this information as soon as possible.

There could be some negative impact if you do not file a grievance on denial of limited duty and you are placed on the rolls of OWCP. Here are some of the negative impacts that could happen if you are placed on the rolls of OWCP:

                   Vocational Rehabilitation
                   Loss of Fringe Benefits from the Postal Service
                   No longer a Postal Employee
                   Benefits could be reduced on the basis of an estimated earning capacity

In addition, the union suggests that you send a letter certified return receipt, to the Postal Service, requesting restoration to your duties with the Postal Service.

Please help us to put our best grievance together for you, by providing us with your statements.