Glendale, CA
Workers compensation Lawyer at Glendale, CA
Practice Areas: Workers Compensation, Administrative Law ... +2 more
OUTCOME: The Board agreed with us and remanded the case for a de novo review.
OWCP argued that they could not reopen a case for a schedule award after one year without clear error. Our office argued that our client should be able to apply for a schedule award atany time, relying ... on the Board’s decision in R.P., Docket No. 10-1123 (issued January 25, 2011).
OUTCOME: The ECAB set aside the OWCP's denial of a claim for death benefits
A firefighter filed a traumatic injury claim alleging that he sustained a back injury in the performance of duty. The OWCP accepted the claim for a lumbar strain, herniated disc with radiculopathy, and ... lumbosacral neuritis or radiculitis. The claimant stopped working and received wage-loss compensation and a schedule award for two percent permanent impairment to each leg. The claimant was prescribed a number of medications. Later, the claimant died. A pathologist reported that the cause of death was combined drug toxicity. The pathologist stated that the claimant's blood contained methadone, muscle relaxers, and drugs used to treat anxiety and insomnia. The claimant's daughter sought death benefits, arguing that the medications the claimant was taking for his accepted back conditions caused or contributed to his death. The OWCP denied the claim, finding that the medical evidence did not establish that the claimant's death was causally related to federal employment. The ECAB set aside the OWCP's denial of the claim. The ECAB found an unresolved conflict in the medical evidence and sent the case back to the OWCP for referral to a referee physician. A family practitioner opined that the medications for the employment-related back condition played a predominant factor in the claimant's death. An OWCP medical adviser found the evidence did not establish that medications taken for the employment injury contributed to the claimant's death. The EEOC found that a referee should resolve the issue of whether any prescribed medications taken by the claimant for an employment-related condition contributed to his death.
OUTCOME: $100,000
Client was a pedestrian hit by a driver. Case was settled before going to trial.
OUTCOME: The Board found that OWCP improperly refused to reopen appellant's case for reconsideration on the merits of his claim under 5 USC § 8128(a).
The issue was whether OWCP properly refused to reopen appellant's case for reconsideration of his claim under 5 USC § 8128.
OUTCOME: The Board found that the client raised an uncontroverted inference between her claimed condition and work factors, and are sufficient to require OWCP to further develop the medical evidence and the case record.
Client was repeatedly denied a chance to see a second opinion examiner by the claims examiner and appealed.
OUTCOME: The case will be remanded to OWCP for referral of appellant to an impartial medical examination pursuant to 5 USC § 8123(a). Following this and any necessary further development of the medical evidence.
The issue is whether appellant established permanent impairment due to her accepted bilateral carpal tunnel syndrome.
OUTCOME: The Board found that the Office did not meet its burden of proof to reduce compensation based on the selected position of information clerk.
The issue was whether the Office properly determined appellant's wage-earning capacity based on the selected position of information clerk.
OUTCOME: The Board remanded the case, and the Office was instructed to prepare a new SOAF and refer appellant for an impartial medical examination.
The issue was whether appellant sustained a left knee condition causally related to his federal employment. Our office argued that at a minimum a conflict exists in the medical opinion evidence.
OUTCOME: ECAB set aside OWCP's decision.
The OWCP accepted a letter carrier's traumatic injury claim for contusion of the right shoulder and episodic post-traumatic stress disorder after the employee was shot while delivering mail. She return ... ed to work in a light-duty position approximately three years after the incident. The OWCP determined that her actual earnings in the light-duty position fairly and reasonably represented her wage-earning capacity. As a result, the employee had no loss of wage-earning capacity. A few years later, she filed a recurrence of disability claim, alleging that her physical and psychological conditions had progressively worsened, to the extent that she was totally and permanently disabled. The OWCP denied her recurrence of disability claim, concluding that the medical evidence did not establish that her disability resulted from the accepted condition. Because the employee submitted evidence that she was totally disabled from working, under the OWCP's procedure manual, it was required to "consider the criteria for modification when the claimant requests resumption of compensation for total wage loss." The ECAB noted that the OWCP merely addressed whether the employee had established a recurrence of disability, not whether the previous wage-earning capacity determination should be modified.
OUTCOME: The weight of the factual evidence establishes that the incident occurred as alleged.
On October 6, 2006 appellant, then a 47-year-old clerk, filed a claim alleging that she sustained a traumatic injury in the performance of duty on September 20, 2006. Her claim form indicated that at 2 ... :00 p.m. she turned quick ran into U[-]cart upright and injured her right hip and shoulder. She stated that there were no witnesses but that she told someone about it the same day. The issue is whether appellant sustained an injury in the performance of duty on September 20, 2006, as alleged.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
