Confused about Schedule Award

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   I just had TKR (total knee replacement).  I am currently receiving worker's comp from OWCP.  I asked my Dr's office about sending in a report about MMI and was informed that they are normally "requested" for such info.  So I sent in a ca-7 form to my CE requesting a schedule award and my prompt reply was of course "no medical evidence" to support.  I was thinking OWCP would request info from my Dr.  Searching out an attorney, he informed me that I should get $57,000 over 144 weeks based on info that I gave him but he wants me to agree to a 20% fee which is almost $12,000.  I've read that you shouldn't use your own Dr. because he would be biased about his own work and then I read that not using your own Dr. is like a slap in his face.  The lawyer is very expensive and I am very confused!

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Rigger972 Members Profile Send Private Message Find Members Posts Add to Buddy List Newbie Joined: 01 Nov 2009 Posts: 4	Post Options Post Reply Quote Rigger972 Report Post Quote Reply Topic: Confused about Schedule Award Posted: 01 Nov 2009 at 9:51am
	I just had TKR (total knee replacement). I am currently receiving worker's comp from OWCP. I asked my Dr's office about sending in a report about MMI and was informed that they are normally "requested" for such info. So I sent in a ca-7 form to my CE requesting a schedule award and my prompt reply was of course "no medical evidence" to support. I was thinking OWCP would request info from my Dr. Searching out an attorney, he informed me that I should get $57,000 over 144 weeks based on info that I gave him but he wants me to agree to a 20% fee which is almost $12,000. I've read that you shouldn't use your own Dr. because he would be biased about his own work and then I read that not using your own Dr. is like a slap in his face. The lawyer is very expensive and I am very confused!

flathead Members Profile Send Private Message Find Members Posts Add to Buddy List Newbie Joined: 17 Apr 2008 Posts: 22	Post Options Post Reply Quote flathead Report Post Quote Reply Posted: 03 Nov 2009 at 3:02pm
	Google Dr. Ellis Clinic in Oklahoma City, OK

Rigger972 Members Profile Send Private Message Find Members Posts Add to Buddy List Newbie Joined: 01 Nov 2009 Posts: 4	Post Options Post Reply Quote Rigger972 Report Post Quote Reply Posted: 03 Nov 2009 at 8:30pm
	Thanks Flathead I'll try that!

lbboyd Members Profile Send Private Message Find Members Posts Add to Buddy List Newbie Joined: 10 Nov 2009 Posts: 5	Post Options Post Reply Quote lbboyd Report Post Quote Reply Posted: 10 Nov 2009 at 2:05pm
	Dr. Ellis is where you should begin but remember you cannot receive a scheduled award and receive compensation from workers' comp at the same time. They will stop your compensation, pay you the scheduled award until it is exhausted, then put you back on compensation if you are still disabled for work. If I were you, I would continue with the workers' comp until you have receached maximum improvement and have returned to work. Then get your scheduled award because you can receive the scheduled award while you are drawing a pay check. Also, I don't know how any doctor (or attorney) can evaluate your impairment until you have reached maximum improvement. You do not need an attorney to get your scheduled award. You need a good doctor who knows how to properly evaluate you and write the evaluation in a format that workers' comp will accept.

lbboyd Members Profile Send Private Message Find Members Posts Add to Buddy List Newbie Joined: 10 Nov 2009 Posts: 5	Post Options Post Reply Quote lbboyd Report Post Quote Reply Posted: 10 Nov 2009 at 2:06pm
	You can file your own request for a scheduled award using the CA-7 with the doctor's evaluation attached. Remember, wait until you have reached maximum improvement.

Rigger972 Members Profile Send Private Message Find Members Posts Add to Buddy List Newbie Joined: 01 Nov 2009 Posts: 4	Post Options Post Reply Quote Rigger972 Report Post Quote Reply Posted: 11 Nov 2009 at 3:49pm
	Thanks so much for the advice. I didn't want to pursue this with an attorney anyway. I no longer work for the federal Gov but I do receive worker's comp for my injury. I have returned to my job in the private sector after 2 mts off for my surgery but I am still going to physical therapy and will be for probably another 4 wks. I don't think my Dr's office is very familiar with 5th or 6th edition federal reports. I'm not quite sure what MMI is. I guess it's the maximum radius of movement for my knee post surgery. I'll contact Dr Ellis and go from there. Again thanks!

tsdlf Members Profile Send Private Message Find Members Posts Add to Buddy List Newbie Joined: 08 Sep 2009 Posts: 19	Post Options Post Reply Quote tsdlf Report Post Quote Reply Posted: 11 Nov 2009 at 7:35pm
	but how would a Dr in another state help you with an impairment rating? Don't you have to get approval from OWCP to go to another dr and are you saying it's worth the travel?

Rigger972 Members Profile Send Private Message Find Members Posts Add to Buddy List Newbie Joined: 01 Nov 2009 Posts: 4	Post Options Post Reply Quote Rigger972 Report Post Quote Reply Posted: 12 Nov 2009 at 9:22am
	I contacted the Ellis Clinic and yes I would have to travel to him in order to get a rating. In my case I think it would be worth the trip. Most private doctors aren't familiar with the requirements of the 5th edition of the federal gov nor do they want the hassle of having to deal with it on your behalf. My doctor has been paid for services rendered and runs a very busy office. I still have unanswered questions but before I book a flight they will be answered. I was advised to wait 6mts after surgery before I proceed.

lbboyd Members Profile Send Private Message Find Members Posts Add to Buddy List Newbie Joined: 10 Nov 2009 Posts: 5	Post Options Post Reply Quote lbboyd Report Post Quote Reply Posted: 14 Nov 2009 at 11:50am
	I have gone to the Ellis Clinic twice. Each time I made the appointment with Ellis Clinic without prior approval from OWCP. On the second occassion, Dr. Ellis called OWCP before my arrival and received authorization for the visit so I didn't have to pay for the office visit. (He offered to try to get approval the for the first visit but I wanted to pay for that one myself.) You can always get reimbursed for your allowable travel expenses on Form OWCP 957. However, if your travel is more than 500 miles you have to get prior authorization for the trip in order for OWCP to pay for your travel. (At least that's what OWCP told me. However, I never verified that in the regs.) The form has all the information about what OWCP will pay and what documentation you need to submit with the form. Both times I filed for travel expenses and was paid mileage. As always, follow all the rules carefully. I hope this helps.