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Episode 45 Federal Workers Compensation Coffee Break Podcast- OWCP Lost Work Earning Capacity (LWEC) Denials

By In Uncategorized On November 28, 2023

Loss of Wage Earning Capacity (LWEC). The loss of wage-earning capacity determination performed pursuant to 5 U.S.C. 8115 provides that an injured worker will not be penalized for returning to a lower-paying job because of a disabling condition. It also permits the adjustment of compensation to reflect partial rather than total disability, if the requirements of the law are strictly met. So how does wage loss compensation get denied based on a LWEC decision by a OWCP claims examiner?
Some government employees who have had their medically suitable job withdrawn by the Employee agency as a result of the National Reassessment Process (NRP) are being denied wage loss compensation by OWCP because of a previous LWEC decision. How does this happen?
OWCP DFEC Procedure Manual lists procedures that establish that after an employee with an accepted claim has returned to work for at least 60 days, (you guys have heard me call this the “60 day rule” in previous podcasts. The claims examiner has the right to determine if the salary that the injured worker/claimant is being paid, fairly and reasonably represents that employee’s actual wage earning capacity.

The Employees’ Compensation Appeals Board (ECAB) has ruled repeatedly that once a formal LWEC has been issued, it can only be changed in three circumstances:

· The original LWEC rating was in error;
· The claimant’s medical condition has changed; or
· The claimant has been vocationally rehabilitated, i.e. is working in a new job which
pays at least 25% more than the current pay of the job he or she was working
when the original LWEC was performed.
ECAB decisions that that support your appeal of a odd-lot job offer withdraw and/or LWEC 0% decision:

Baggett, 50 ECAB 560; Wade, 37 ECAB 556 (1986); Rowe, Docket No.88-1179 (issued September 27, 1988); and Moss, Docket No. 89-846 (issued July 26, 1989), Woolever, 29 ECAB 114, Emory, 47 ECAB 371, and in Weisman, 50 ECAB 418
For more information please read the attached transcript!
Dr. Taylor’s contact information is: https://fedcompconsultants@protonmail.com If you need a provider or assistance with a DOL claim in Tampa, Pensacola or Jacksonville Florida you can make an appointment to see him and the other providers at the clinic at M & R Medical & Therapy Center. To make a consult with Dr. Taylor to discuss your case or if you know someone if Florida who is recently injured you can call the clinic at 813-877-6900 or go to our website at https://mrtherapycenter.com/
Fed Comp Coffee Break Podcast on Youtube

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