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| Branch 2184 |
Most letter carriers are well aware of the wrong-minded USPS approach to safety,
an approach that emphasizes retaliation, coercion, and intimidation instead of
substantive steps to create and maintain a safer work environment for letter
carriers. Unfortunately the nature of our work is such that even if our employer
injuries would still occur. The creation of an enlightened safety program would
require a significant change in USPS culture and thus it is realistically not likely to
happen anytime soon.
When an injury does occur and the injured letter carrier wisely reports the injury,
management’s response typically ranges from a display of ignorance of proper
procedures to openly antagonistic attempts at obstructing the carrier’s rights
under the Federal Employees’ Compensation Act. Common problems typically
involve initial and follow-up medical care, subsequent work restrictions, and
entitlement to Continuation of Pay (COP) when an employee is disabled for work
due to an on the job traumatic injury. In fact, during the 30 years that I have
assisted injured members with injury claims, I cannot recall a single instance
where USPS management did everything right.
Injury compensation procedures are often complex and challenging for injured
letter carriers, for their physicians, and for those charged with processing the
required paperwork. Management adds to the problems by retaliating with phony
discipline in a transparent (and illegal) attempt to intimidate the injured carrier and
others into not reporting future job-related injuries. However, the worst mistake
any injured letter carrier can make is choosing not to report a job-related injury.
• Any on the job injury should be reported as soon as possible. This is a
requirement and it becomes problematic with what at first seem to be
minor injuries or twinges of pain when working. However, it is best to
come down on the side of caution. If the pain subsides without the need
for medical treatment or other response, all the better. All job-related
traumatic injuries are to be reported on OWCP form CA-1, and not on a
blank piece of paper. A traumatic on-the-job injury is an injury that
happens suddenly (i.e., a dog bite, an insect sting, or a fall), or a medical
condition that develops entirely within one work shift or tour of duty (i.e.,
frostbite). More on traumatic injuries follows.
• When completing a CA-1, always check box A on the form (Continuation of
your regular Pay for up to 45 calendar days). Under no circumstances
should you ever use your own leave for disability or medical care related to
a job-related traumatic injury. When the completed CA-1 is given to
management, the supervisor is required to sign and date the attached
receipt and give it to you. Always insist that this is done.
• Every letter carrier should have a physician or medical care provider in
mind that we know will competently evaluate and treat a job-related injury,
no matter when the injury occurs. Typically, this means a medical care
provider other than your personal physician, who usually is not
immediately available to evaluate and treat your injury. Always remember
that YOU make the initial choice of physician, not management.
• Management has the right to send you to their clinic, but you must first be
allowed to see your chosen physician or medical care provider if they are
immediately available and able to see you. In general, it is not in your best
interests to choose management’s clinic or physician for your initial and
follow-up medical evaluation and treatment. Remember who the
management doctor is working for.
• Management has the right to also send you to their clinic after you have
been evaluated and treated by your chosen physician. However, this
must be done on the clock and entirely at their expense. Additionally,
under NO circumstances can work restrictions as determined by your
physician be overruled by the findings of the USPS doctor. Management
typically makes limited duty job offers to injured letter carriers based on
the findings of their doctor, and not yours. If you have wisely chosen your
physician to be the doctor of record for your injury, you should always
follow the medical restrictions on your regular work duties as established
by your doctor, and not management’s. Never perform work that exceeds
the restrictions established by your physician.
• A medical condition that develops over a period of time and is or might be
due to work factors (i.e., carpal tunnel syndrome) is considered to be an
occupational illness or disease and requires the completion of form CA-2.
Of note, occupational illness/disease claims are typically much more
complex than traumatic injury claims and must be accompanied by
detailed medical and factual information.
• Always beware of management attempting to get you to complete form
CA-2a (notice of recurrence). There are a very limited number of
circumstances that qualify as meeting the definition of a recurrence of an
injury. However, management often tries to get injured carriers to
complete a CA-2a even when it is not appropriate to do so, thereby
derailing an otherwise legitimate injury claim. Never, never complete a
form CA-2a without first receiving competent advice from your Union.
Management has no authority compel you to complete this or any other
OWCP form and you should immediately report attempts by management
to do so to your Steward. Once again, it is always in your best interests to
file a timely claim for any job-related injury or medical condition. Your
Union is available to give you competent advice on the correct forms and
procedures.
• Sometimes management will instruct you to complete a separate
statement about the injury in addition to form CA-1. This is improper and
should immediately be challenged through the grievance procedure, since
USPS management is never the adjudicating authority for your injury claim
and is exceeding their scope of authority by requiring such statements. All
the information that is necessary for management to know is already
contained on a completed CA-1 and any accompanying medical and/or
accident reports. Important: Do not disobey an instruction to complete a
separate statement. Instead, follow instructions and immediately request
to see your Steward. Grievance remedy should include a requirement that
the statement is disregarded and destroyed.
• Management will also attempt to have you sign form 2488, authorization
for release of medical information. You cannot be compelled to sign this
form under the threat of discipline and it is the strong advice of the NALC
National Union as well as Branch 2184 that you should NEVER do so. By
signing this form you are giving management the unlimited right to
scavenge through any aspect of your medical history, information that
management has no right or need to know. Simply refuse to sign the form,
and immediately request your Steward or notify the Branch 2184 office if
management persists in trying to obtain your signature on this form.
• USPS management has no say whatsoever in the approval of your injury
claim. The adjudication of all Federal and Postal employee injury claims is
solely the responsibility of the United States Department of Labor’s Office
of Worker’s Compensation Programs (OWCP). Letter carriers are often
fooled into believing that the USPS Detroit District Injury Compensation
Unit (sometimes referred to as Detroit Injury Comp) is the authority for
such decisions. However, management’s so-called injury comp unit is
merely a group of management employees whose sole interest is in
“managing” your injury claim to management’s own benefit – and not
yours.
• To protect your own interests, always request and obtain copies of all
forms and documents related to your claim, including copies of any
correspondence between USPS management and OWCP. You are absolutely
entitled to a copy of any document related to your injury claim.
Management has a long and sordid history of challenging (controverting)
USPS employee injury claims, typically on flimsy and even preposterous
grounds. Management will do anything to try to discredit you, including
outright lying about you or the circumstances of your injury.
• Always advise your Steward or a Branch officer of the details and
circumstances of your injury, especially as they pertain to management’s
responses, actions, or inactions. Do this as soon as possible.
Joe Golonka
Injury Compensation Specialist, Branch 2184
For additional information on injury compensation matters, including OWCP
forms, click here:
an approach that emphasizes retaliation, coercion, and intimidation instead of
substantive steps to create and maintain a safer work environment for letter
carriers. Unfortunately the nature of our work is such that even if our employer
injuries would still occur. The creation of an enlightened safety program would
require a significant change in USPS culture and thus it is realistically not likely to
happen anytime soon.
When an injury does occur and the injured letter carrier wisely reports the injury,
management’s response typically ranges from a display of ignorance of proper
procedures to openly antagonistic attempts at obstructing the carrier’s rights
under the Federal Employees’ Compensation Act. Common problems typically
involve initial and follow-up medical care, subsequent work restrictions, and
entitlement to Continuation of Pay (COP) when an employee is disabled for work
due to an on the job traumatic injury. In fact, during the 30 years that I have
assisted injured members with injury claims, I cannot recall a single instance
where USPS management did everything right.
Injury compensation procedures are often complex and challenging for injured
letter carriers, for their physicians, and for those charged with processing the
required paperwork. Management adds to the problems by retaliating with phony
discipline in a transparent (and illegal) attempt to intimidate the injured carrier and
others into not reporting future job-related injuries. However, the worst mistake
any injured letter carrier can make is choosing not to report a job-related injury.
• Any on the job injury should be reported as soon as possible. This is a
requirement and it becomes problematic with what at first seem to be
minor injuries or twinges of pain when working. However, it is best to
come down on the side of caution. If the pain subsides without the need
for medical treatment or other response, all the better. All job-related
traumatic injuries are to be reported on OWCP form CA-1, and not on a
blank piece of paper. A traumatic on-the-job injury is an injury that
happens suddenly (i.e., a dog bite, an insect sting, or a fall), or a medical
condition that develops entirely within one work shift or tour of duty (i.e.,
frostbite). More on traumatic injuries follows.
• When completing a CA-1, always check box A on the form (Continuation of
your regular Pay for up to 45 calendar days). Under no circumstances
should you ever use your own leave for disability or medical care related to
a job-related traumatic injury. When the completed CA-1 is given to
management, the supervisor is required to sign and date the attached
receipt and give it to you. Always insist that this is done.
• Every letter carrier should have a physician or medical care provider in
mind that we know will competently evaluate and treat a job-related injury,
no matter when the injury occurs. Typically, this means a medical care
provider other than your personal physician, who usually is not
immediately available to evaluate and treat your injury. Always remember
that YOU make the initial choice of physician, not management.
• Management has the right to send you to their clinic, but you must first be
allowed to see your chosen physician or medical care provider if they are
immediately available and able to see you. In general, it is not in your best
interests to choose management’s clinic or physician for your initial and
follow-up medical evaluation and treatment. Remember who the
management doctor is working for.
• Management has the right to also send you to their clinic after you have
been evaluated and treated by your chosen physician. However, this
must be done on the clock and entirely at their expense. Additionally,
under NO circumstances can work restrictions as determined by your
physician be overruled by the findings of the USPS doctor. Management
typically makes limited duty job offers to injured letter carriers based on
the findings of their doctor, and not yours. If you have wisely chosen your
physician to be the doctor of record for your injury, you should always
follow the medical restrictions on your regular work duties as established
by your doctor, and not management’s. Never perform work that exceeds
the restrictions established by your physician.
• A medical condition that develops over a period of time and is or might be
due to work factors (i.e., carpal tunnel syndrome) is considered to be an
occupational illness or disease and requires the completion of form CA-2.
Of note, occupational illness/disease claims are typically much more
complex than traumatic injury claims and must be accompanied by
detailed medical and factual information.
• Always beware of management attempting to get you to complete form
CA-2a (notice of recurrence). There are a very limited number of
circumstances that qualify as meeting the definition of a recurrence of an
injury. However, management often tries to get injured carriers to
complete a CA-2a even when it is not appropriate to do so, thereby
derailing an otherwise legitimate injury claim. Never, never complete a
form CA-2a without first receiving competent advice from your Union.
Management has no authority compel you to complete this or any other
OWCP form and you should immediately report attempts by management
to do so to your Steward. Once again, it is always in your best interests to
file a timely claim for any job-related injury or medical condition. Your
Union is available to give you competent advice on the correct forms and
procedures.
• Sometimes management will instruct you to complete a separate
statement about the injury in addition to form CA-1. This is improper and
should immediately be challenged through the grievance procedure, since
USPS management is never the adjudicating authority for your injury claim
and is exceeding their scope of authority by requiring such statements. All
the information that is necessary for management to know is already
contained on a completed CA-1 and any accompanying medical and/or
accident reports. Important: Do not disobey an instruction to complete a
separate statement. Instead, follow instructions and immediately request
to see your Steward. Grievance remedy should include a requirement that
the statement is disregarded and destroyed.
• Management will also attempt to have you sign form 2488, authorization
for release of medical information. You cannot be compelled to sign this
form under the threat of discipline and it is the strong advice of the NALC
National Union as well as Branch 2184 that you should NEVER do so. By
signing this form you are giving management the unlimited right to
scavenge through any aspect of your medical history, information that
management has no right or need to know. Simply refuse to sign the form,
and immediately request your Steward or notify the Branch 2184 office if
management persists in trying to obtain your signature on this form.
• USPS management has no say whatsoever in the approval of your injury
claim. The adjudication of all Federal and Postal employee injury claims is
solely the responsibility of the United States Department of Labor’s Office
of Worker’s Compensation Programs (OWCP). Letter carriers are often
fooled into believing that the USPS Detroit District Injury Compensation
Unit (sometimes referred to as Detroit Injury Comp) is the authority for
such decisions. However, management’s so-called injury comp unit is
merely a group of management employees whose sole interest is in
“managing” your injury claim to management’s own benefit – and not
yours.
• To protect your own interests, always request and obtain copies of all
forms and documents related to your claim, including copies of any
correspondence between USPS management and OWCP. You are absolutely
entitled to a copy of any document related to your injury claim.
Management has a long and sordid history of challenging (controverting)
USPS employee injury claims, typically on flimsy and even preposterous
grounds. Management will do anything to try to discredit you, including
outright lying about you or the circumstances of your injury.
• Always advise your Steward or a Branch officer of the details and
circumstances of your injury, especially as they pertain to management’s
responses, actions, or inactions. Do this as soon as possible.
Joe Golonka
Injury Compensation Specialist, Branch 2184
For additional information on injury compensation matters, including OWCP
forms, click here:
| Injured On The Job? How To Protect Your Rights and Interests From Abuse by USPS Management |
| Workers' Compensation |
Letter Carriers
National
Association of
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