OWCP Impairment Rating for a Schedule Award Calculations Tutorial

Federal Workers Compensation Coffee Break Podcast is an educational podcast that covers relevant federal workers compensation topics that affect injured government employees. Today's podcast covers relevant information about Impairment Ratings for a Schedule Award calculations and eligibility. 

Schedule awards are for an OWCP accepted condition arising out of an on-the-job injury. The awards are generally for the permanent loss or use of a scheduled member of the body and usually not for the body as a whole.

As of July 2005 the appropriate method of evaluating the extent of any permanent impairment is found in the AMA's Guides to the Evaluation of Permanent Impairment, 6th Edition, the use of which has been approved by the OWCP. Among the elements which may be considered in determining the extent of impairment are loss of motion, pain and weakness. 

                             Summary of topics covered in this episode

- Evidence for Pay Rate: OWCP relies on the employing agency to provide documentation of the pay rate at the time of injury (e.g., SF-50 or payroll records). Ensure this is accurate when submitting your CA-7 form.

- Amended Awards: If you seek an amended award for increased impairment, the pay rate remains tied to the original injury date unless new work-related factors establish a later date of injury or recurrence.

- Lump Sum or Periodic Payments: Schedule Awards are typically paid in a lump sum if the employee is back to full duty or retired, but the total amount is still based on the injury-date pay rate, multiplied by the percentage of impairment and the weeks assigned to the body part.

For the latest guidance, check the FECA Procedure Manual Part 2, Chapter 2-0808, or consult with your OWCP claims examiner. If you're unsure about your specific pay rate calculation, provide OWCP with clear documentation from your employer to avoid delays.

The podcaster is Dr. Stephen Taylor, OWCP legal consultant for Oberheiden Law Firm.  Dr. Taylor’s contact information is:

https://fedcompconsultants@protonmail.com If you need a medical provider or assistance with an OWCP /  DOL claim in Tampa, Jacksonville, Pensacola Florida, Mississippi or Daphne Alabama    you can make an appointment to see Dr. Taylor, or Dr. Sullivan   at the clinic at  FWC Medical Centers. To make a consultation with Dr. Taylor  call the clinic at 813-215-4356 or go  to our website at https://fwcmedicalcenters.net/     or     https://mrtherapycenter.com/or https://fedcompconsultants.com/

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Transcript

Welcome to Federal Workers Compensation Coffee Break Podcast. I’m Dr. Stephen Taylor a federal Workers Compensation Consultant and a medical provider in Tampa & Pensacola Florida who has been helping government employees with work-related injuries, disability, FERS Disability, VA disability and other types of Federal program filings for 31years. I have assisted hospitals, clinics and doctors for over 25 years with being successful with OWCP. I have also worked with injured Federal Workers all over the country with properly filing their Federal Workers Compensation Claims and/or disability claims for about three decades. I  decided  to create a tutorial podcast to assist with the type of topics that have needed the most assistance over the years, related to injured federal workers and/or contractors as a resource for people who are looking for assistance with DOL-OWCP federal workers . The name of this tutorial podcast is  Federal Workers Compensation Coffee break Podcast. It is based on the lunch and learn short learning format.  Here at this podcast we discuss all sorts of topics related to federal workers compensation, Department of Labor, OWCP, FECA ACT, FERS, longshore-maritime, DOD contractors, VA benefits over a cup of coffee. So let’s get out coffee going and dive into LWOP mistakes and Denials. 

Welcome to today's episode of [Podcast Name], where we dive into the world of federal workers' compensation. If you're a federal employee who's dealt with an on-the-job injury, you know how complex the system can be. Today, we're focusing on something called OWCP Schedule Awards under the Federal Employees' Compensation Act, or FECA. These are payments for lasting damage to specific body parts from work-related injuries. I'll break it down in plain language, share the key steps for claiming one, and highlight some recent the most common questions about eligibility and how to figure out your payment amount. Remember, this isn't legal advice—always consult an attorney for  your situation.

Today we are going to cover Impairment Ratings for Scheduled awards. First, let me take this opportunity make a big announcement…WE are NOW at  FWC Medical Centers  accepting referrals for  Impairment ratings for patients that are not patients at our clinics. I have not accepted outside referrals for impairment ratings for other doctor's patients, for about 10 years. I have now decided to that we will do Impairment Ratings for patients who only need the evaluation for a schedule award. All you have to do is get a referral from your doctor, call our office for an evaluation and submit all of your relevant operative and diagnostic reports with your accepted conditions. We will do a consultation to see if your medical evidence is adequate for qualifying for the maximum amount of impairment qualification. The phone number to call is 813-215-4356 and the email to send records is fedcompconsultants@protonmail.com

SCHEDULED AWARDS- a Tutorial

Schedule awards are for an OWCP accepted condition arising out of an on-the-job injury. The awards are generally for the permanent loss or use of a scheduled member of the body and usually not for the body as a whole.

As of July 2005 the appropriate method of evaluating the extent of any permanent impairment is found in the AMA's Guides to the Evaluation of Permanent Impairment, 6th Edition, the use of which has been approved by the OWCP. Among the elements which may be considered in determining the extent of impairment are loss of motion, pain and weakness. NOW listen up … the FECA ACT actually says the following…the element of pain may serve as the sole basis for determining the degree of impairment for schedule award purposes. So, do not let your claims examiner convince you that pain is not a qualified diagnosis. Pain is not allowed to be an accepted diagnosis  but it is allowed to be a symptom all by itself to qualify for a schedule award. 

When determining a percent of impairment, the written evidence must be strong enough so that it clearly and convincingly establishes the maximum improvement that has, in fact, been reached by an established date. The report should describe and state which factors entered into the calculation of a percentage loss. It also must include that the claimant has reached MMI [maximum medical improvement]. It is best if a board certified specialist in occupational medicine or orthopedic surgery or a certified impairment rating specialist makes the determination of percentage loss. The report should be in a written narrative that includes medical rationale and evidence and signed by the board certified specialist. It must be submitted along with a completed CA-7.

The schedule award provision of the FECA (Federal Employees Compensation Act) and its implementing regulations set forth the number of weeks of compensation to be paid for permanent loss, or loss of use, of body members listed in the schedule. The Office has adopted, and the Board has approved, the use of the American Medical Association, Guides to the Evaluation of Permanent Impairment 6th Edition, as an appropriate standard for evaluating schedule losses.

Let's start with the basics. Schedule awards are essentially compensation for the permanent loss or reduced function of certain body parts due to a job injury that's been officially accepted by the Office of Workers' Compensation Programs, or OWCP. We're not talking about your whole body here—it's targeted to "scheduled" members like arms, legs, eyes, or even hearing. The idea is to provide a set payout based on how much function you've lost, even if you're back at work or retired.

To qualify for a scheduled award , you need solid medical proof that your condition has stabilized—what they call maximum medical improvement, or MMI. That's when no more treatment will make it better. A board-certified specialist or certified impairment rating physician should evaluate you, ideally in your injury's field, and write a detailed narrative report. This isn't a quick note; it needs to explain the impairment percentage for the specific body part, backed by evidence like measurements or tests. Include factors like limited active or passive motion, muscle wasting, strength loss, sensory issues, or even sensitivity to temperature. If the AMA Guides don't fully cover your symptoms—like chronic pain, scarring, or discoloration—the doctor should factor those in too, per OWCP guidelines.

Before your doctor visit, prep a letter outlining your injury details and asking them to focus on the affected part without going into whole-body ratings. Mention any unique aspects of your case that could boost your rating legally, like ongoing work aggravations. Submit everything with a completed CA-7 form marking box D for a scheduled award to OWCP.

How do they figure out the amount? The gold standard is the American Medical Association's Guides to the Evaluation of Permanent Impairment, specifically the Sixth Edition, which OWCP has stuck with since 2009 for consistency and fairness across all claims. This guide helps doctors assess things like reduced movement, ongoing pain, or muscle weakness. Pain alone can sometimes justify an impairment rating if it's well-documented. The goal is uniform standards so everyone gets treated equally under the law.

The FECA provides for the payment of a Schedule Award. Schedule Awards are defined as an award of compensation payable for a set number of weeks for the loss or loss of use of a part of the body, whether total or partial.

The degree of impairment is established by medical evidence and expressed as a percentage loss of the member involved. Permanent impairment may originate either within the affected member (i.e., loss of use of your arm in a Carpal Tunnel Syndrome claim) or another part of the body (i.e., a back injury may result in impairment to a leg) for which a Schedule Award would be payable.

A claimant may also receive an Award for more than one part of the body concerning a single injury (i.e., a back injury may result in impairment to a leg and an arm). The payout? FECA lists weeks of pay for total loss of each body part, and you get a percentage of that. For example,

The body members covered by the Schedule Award and the compensation schedule include:

| Body Part | Weeks for Total Loss |

|-----------|----------------------|

| Arm      | 312                 |

| Leg      | 288                 |

| Hand     | 244                 |

| Foot     | 205                 |

| Eye      | 160                 |

| Thumb    | 75                  |

| Great Toe| 38                  |

| Hearing (one ear) | 52        |

| Hearing (both ears) | 200     |

| Breast   | 52                  |

| Kidney (one) | 156             |

| Larynx   | 160                 |

| Lung (one) | 156               |

| Penis or Female Sex Organs | 205 |

| Testicle or Ovary (one) | 52   |

| Tongue   | 160                 |

| Other Toe| 16                  |

| First Finger | 46              |

| Second Finger | 30             |

| Third Finger | 25              |

| Fourth Finger | 15             |

How to figure out your payment 

These are for 100% loss; if it's partial, say 20% arm impairment, you'd get 20% of 312 weeks' worth of your pay rate (usually 66.67% or 75% of your salary, tax-free).

How OWCP Determines the Rate of Pay for a Schedule Award

1. Base Pay Rate: The pay rate for a Schedule Award is generally the employee's weekly pay rate at the time of the injury or occupational disease exposure that caused the impairment. This is defined as the "pay rate for compensation purposes" under FECA regulations (20 CFR § 10.5(s)). It includes:

   - Basic salary or wages.

   - Night differential or premium pay for regularly scheduled work.

   - Other recurring payments like locality pay or special pay for certain occupations.

   - For intermittent or part-time employees, the pay rate may be based on an average of earnings over a specific period (typically the year prior to the injury). We see this a lot in CCA or RCA at the post office. 

2. Compensation Rate: Schedule Awards are paid at either:

   - 75% of the weekly pay rate if the employee has one or more dependents (e.g., spouse, child, or dependent parent).

   - 66.67% of the weekly pay rate if the employee has no dependents.

   This is tax-free compensation, calculated for the number of weeks specified for the impaired body part (e.g., 312 weeks for an arm, prorated by the percentage of impairment).

3. Adjustments for Recurrence or Subsequent Pay Changes: If a claim involves a recurrence of disability or a later-established date of injury (e.g., for occupational diseases), OWCP may use the pay rate at the time of recurrence or the date the occupational disease was recognized, whichever provides the higher rate. This ensures fairness, as pay rates may have increased since the initial injury.

4. Statutory Maximum: The compensation cannot exceed the maximum rate for the GS-15, Step 10 pay level, per 5 USC § 8107(a)(1). If the employee's pay rate at the time of injury exceeds this, the award is capped at the GS-15 rate.

 Is the Payment Based on the Pay Rate at the Time of Injury or Current Salary?

The Schedule Award payment is based on the pay rate at the time of the injury, not the employee's current salary at the time the award is processed or paid. This is because FECA ties compensation to the economic loss tied to the injury event. However:

- If the employee was promoted or received pay increases after the injury but before the award, those increases are not factored in unless the claim involves a recurrence or occupational disease with a later-established date.

- For occupational diseases, OWCP may use the pay rate at the time the employee stopped work due to the disease or the date of last exposure, whichever is more beneficial (FECA Procedure Manual 2-0808.5).

Timing matters: Apply only after MMI and when you're not getting wage-loss benefits for the same injury—OWCP won't pay both at once. But if your injury was after September 1957, it can run alongside retirement benefits from OPM. Payments often come in a lump sum if you're back to full duty, or in cycles if you're on partial disability.

What if things worsen later? You can seek an amended award with new evidence showing increased impairment from work factors. Older claims rated under prior AMA editions might qualify for re-evaluation under the Sixth, per longstanding bulletins like 01-05, which encourages using the most beneficial tables for multiple issues.

Once submitted, the claims examiner reviews and sends it to a district medical advisor for verification. If opinions clash, you might get a second opinion (SECOP) or referee exam. Be proactive: Request the statement of accepted facts and questions sent to those docs. If a SECOP report goes against you, get your treating doctor to rebut it quickly—within 30 days—to create a conflict and trigger a neutral referee.

Speaking of referees, they're supposed to be impartial, board-certified, and randomly selected via computer based on your zip code. No federal ties or prior involvement with your case. If something smells off—like bias or improper questions—you can object and even pick from a list of alternatives. OWCP can't "doctor shop" for favorable opinions; that's against rulings like the ECAB appeal case of Carlton Owens from 1985.

The Office of Workers' Compensation Programs (OWCP) determines the rate of pay for a Schedule Award under the Federal Employees' Compensation Act (FECA) based on the employee's pay rate at the time of the work-related injury or disease, with some specific considerations. Here's how it works, addressing both your questions in a clear and concise manner:

Let's review and summarize what we have covered today. 

- Evidence for Pay Rate: OWCP relies on the employing agency to provide documentation of the pay rate at the time of injury (e.g., SF-50 or payroll records). Ensure this is accurate when submitting your CA-7 form.

- Amended Awards: If you seek an amended award for increased impairment, the pay rate remains tied to the original injury date unless new work-related factors establish a later date of injury or recurrence.

- Lump Sum or Periodic Payments: Schedule Awards are typically paid in a lump sum if the employee is back to full duty or retired, but the total amount is still based on the injury-date pay rate, multiplied by the percentage of impairment and the weeks assigned to the body part.

For the latest guidance, check the FECA Procedure Manual Part 2, Chapter 2-0808, or consult with your OWCP claims examiner. If you're unsure about your specific pay rate calculation, provide OWCP with clear documentation from your employer to avoid delays.

If you have further details about your case (e.g., type of injury, employment status, or recurrence), I can tailor the answer further!

In wrapping up, schedule awards are a key safety net, but navigating them takes patience and good docs. Stay on top of updates—2025 saw some back-and-forth bulletins that really were confusing for several months, but we're solidly on the Sixth Edition now. If you're in this boat, gather your evidence, communicate clearly with your doctor, and don't hesitate to appeal if needed. 

So,  I want to thank you for listening and want to remind you to share this podcast with other federal workers you think would benefit from this information. Also be kind enough to leave a review on the platform you found this podcast, like or subscribe to any of the major podcast platforms or our youtube channel so others will also find this information. Also if you need an approved  medical provider for your DOL -OWCP Or Longshore case in Florida you can still  find me in Tampa  and Pensacola. To make a consultation with me to discuss your case or if you know someone if Florida who is recently injured you can call the clinic at 813-215-4356 or 813-877-6900 or go  to our website at https://fedcompconsultants.com/   & https://mrtherapycenter.com/  Also if you are in  another state and you want me to assist you with claim questions or assistance for your  doctor you can email me at fedcompconsultants@protonmail.com 

Ok… I think that is enough for today…I need to warm up this coffee and get going. As usual I want to thank all of you who put on that uniform, that badge, deliver that mail, take care of our veterans and make this government run… a big thank you. I do this for free just for you…We could not do this  without all of the work all of you out there do…so this is my big  thank you. And remember if you  have an injured federal claim and you need assistance….I am  here to help! 

On a somber note….I would like to ask everyone to pray for our nation, Charlie Kirk's family and God's grace & protection over all of us. God bless and 

See you next time.