Episode 42 Federal Workers Compensation Coffee Break Podcast- Video Surveillance & OWCP
Injured federal workers who draw wage loss compensation should assume that investigators associated with the USPS Office of Inspector General (OIG) have covertly filmed them or will film them. This is a very common technique and tool of investigating an OWCP federal injury claim. The Employees’ Compensation Appeals Board also known as ECAB, issued a decision on Sept. 26 (Docket 11-863) that addresses a number of issues involving Employee agency. OIG surveillance videotape. All federal injured workers, OWCP approved doctors and/or advocates should be familiar with this important decision. It is important because it addresses a critical distinction between use of surveillance videotape for the purposes of 1) fraud investigation and 2) for claims development.
ECAB reviewed this injured workers termination case dispute and reversed the termination on several grounds—two are detailed below: First, the Employee agency violated the regulations prohibiting direct contact with the treating physician, 20 CFR 10.506. The Board wrote: It is clear that the agents of the employing establishment took an active, and in some issues decisive, role in developing appellant’s claim and building the case for termination of her benefits. The Board finds that OWCP departed from the implementing regulations by relying on evidence obtained through direct contact between agents of the employer and appellant’s (injured worker) treating physician… OWCP should have rejected evidence generated by a violation of the applicable regulations. Second, the injured worker was not afforded the required notice regarding the existence of the surveillance video and its intended use for the purpose of obtaining an adverse medical opinion. For more information review the transcript!
Dr. Taylor’s educational podcast utilizes his experience and history as a DOL – OWCP provider and his years of consulting and teaching all things federal workers compensation related. This is an educational short form format for learning how to successfully file federal workers compensation claims.
Dr. Taylor’s contact information is: https://email@example.com
If you need a provider or assistance with a DOL claim in Tampa 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/