My husband is a Letter Carrier with the USPS. A month and a half ago he slipped while on the job. When he did, it caused cartilage damage to his knee. He has seen 4 doctors since that time. All say no walking, working or driving. It has been confirmed that without surgery, he is unable to walk without crutches without doing more damage to his leg and he is unable to do his job. He followed all the steps necessary to file a WC claim and contacted his union rep. The labor board instructed them to continue his pay for 45 days. They are refusing. He has not gotten paid a dime in that time, is now in arrears with child support and they are trying to fire him. Two grievances have been filed and his union rep has so much as said hire an attorney. Any advice or referrals? Help!
The vast majority of employees in California fall under California state workers' compensation laws. Civilian federal employees are an exception.... they fall under federal workers' compensation law. The two sets of laws are very different. There are only about a dozen or so attorneys in California who practice federal w.c. law. If you give me a call, I can fax you a list of federal workers' comp attorneys in California.
There are relatively few workers' compensation attorneys who represent federal sector employees, as Mr. Borah indicated. I know of two in California. Mr. Brown, below, is someone I know personally; he is smart, hardworking and experienced. I do not know Mr. Briggs personally, but have heard good things about him. You should interview any attorney you are considering and make your own decision on which attorney to retain.
federal workers' comp
Steven E. Brown, A Professional Law Corporation
work fax 805-496-6368
910 Hampshire Road, Suite G
Westlake Village CA 91361-2888
William B. Briggs
ederal workers' comp
740-1/2 Petaluma Boulevard South
Petaluma CA 94952-5133
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
I am not sure what you mean by Labor Board.
Are you referring to the Claims Examiner in District 13 of the OWCP? If you are a letter carrier, your workers compensation claim is handled by the OWCP which means Office of Workers' Compensation Programs. The law is called the FECA. The Federal Employees' Compensation Act.
If the Claims Examiner has written a letter to the employing agency accepting the claim and instructing them to pay COP and they refuse, you should ask your union steward or local attorney to contact the Claims Examiner and ask him or her to take action against the employing agency. The NALC represents letter carriers and Ron Watson is the man. He is in Wash DC and you can get his number from your local NALC representative.
Do not delay. Get help from the Claims Examiner right away. Ask them to explain 18 USC 1922 to you.
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