OWCP -DOL Re-Injury of Accepted Work Condition While Working

This episode is an emailer asking a question and being answered in the podcast episode. The scenario the emailer presented for an injured federal employee is the following:

An injured worker  came in her OWCP doctor's office  for an urgent care visit appointment due to her shoulder being in severe pain and cannot raise it. This shoulder injury is an accepted condition and she is on modified duty. She has been working 8 hours with restrictions but today has been removed from work for 5 days. In circumstances like this, would she file a CA-2A for recurrence of disability? My second question would be, if a patient is removed from work due to worsening of an injury whether it be 2 days or 30 days, is a CA-2A filed? 

Great question: Here is what the FECA ACT says about this …

(DFEC) FECA Part 1 Chapter 1-0400 Sub-sec: 9

A Recurrence of Disability is a work stoppage caused by:

1. A return or increase of disability due to a consequential injury (defined as one which occurs due to weakness or impairment caused by a work-related injury);

2. Withdrawal of a specific duty assignment when the employee cannot perform the full duties of the regular or limited duty position.

For more information on this topic click on the show transcript...

The podcaster is Dr. Stephen Taylor, OWCP medical-legal consultant & DOL expert for Oberheiden Law Firm.  Dr. Taylor’s contact email information is:

fedcompconsultants@protonmail If you need a medical provider or assistance with an OWCP /  DOL claim in  Pensacola Florida you can make an appointment to see Dr. Taylor  at the clinic at  FWC Medical Centers or check out the webiste at fedcompconsultants.com To make a consultation with Dr. Taylor  call the clinic at 813-215-4356  in Florida.

For responses email Dr. Taylor at fedcompconsultants@protonmail.com

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Transcript

HI 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 30 years. I have helped too many people to count  all over the country with properly filing their Federal Workers Compensation Claims and/or disability claims for about three decades. After all these years I have decided  to create a tutorial podcast to assist with all kinds of topics related to injured federal workers and/or contractors. 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. I cover these relevant topics in a short coffee break style format because in order to discuss topics that  government employees always ask for assistance on for all of these years.  I do this to assist you the government employee, you and your doctor or your coworkers with claim filing denials or with appropriate filing of benefit claims, disability or injured worker claims. The best part about this podcast and all of it’s tutorials for successfully navigating DOL, FERS & OWCP benefits… is that I do it all for free. All you need is a cup of coffee and a notebook. 

 So, I am going to take a break from our claims examiner.  Today I going to answer a specific email question that I received from several people over the last few months. What do you do when a worker can not continue to perform their light duty due to increasing pain and dysfunction to their original injury or increasing pain and dysfunction to a new body part that is being aggravated by the inability to use their original body part injury? What is right way to handle this scenario when modified duty has to be changed due to a deterioration in their original condition or an adjacent body part? Let's dive into this today. 

Ok let's get out coffee going and  READY---LET'S BEGIN?

Here is the viewer email question: I just wanted to reach out and clarify a situation to see if it would need a CA-2A filed by the patient. An injured worker  came in her OWCP doctor's office  for an urgent care visit appointment due to her shoulder being in severe pain and cannot raise it. This shoulder injury is an accepted condition and she is on modified duty. She has been working 8 hours with restrictions but today has been removed from work for 5 days. In circumstances like this, would she file a CA-2A for recurrence of disability? My second question would be, if a patient is removed from work due to worsening of an injury whether it be 2 days or 30 days, is a CA-2A filed?

Great question: Here is what the FECA ACT says about this …

(DFEC) FECA Part 1 Chapter 1-0400 Sub-sec: 9

A Recurrence of Disability is a work stoppage caused by:

1. A return or increase of disability due to a consequential injury (defined as one which occurs due to weakness or impairment caused by a work-related injury);

2. Withdrawal of a specific duty assignment when the employee cannot perform the full duties of the regular or limited duty position.

There is your answer in black and white in the FECA ACT.

OWCP CA-2a: Recurrences or New Injuries, New Illnesses or Exacerbations while Working

A recurrence of an injury is one of the following:

1. A spontaneous return of the symptoms of a previous injury or occupational disease without intervening cause.

2. A return or increase of disability due to a consequential injury: Example Something that occurs due to weakness or impairment caused by a work related injury.

3. Withdrawal of a specific duty assignment when the employee cannot perform the full duties of the regular or limited duty position.

There are two types of recurrences: 

•A recurrence of the medical condition is the documented need for additional medical treatment after release from treatment for the work related injury.  Continuing treatment for the original condition is not considered a recurrence.

•A recurrence of disability is an inability to work after an employee has returned to work, caused by a spontaneous change in a medical condition which had resulted from a previous injury or illness without an intervening injury or new exposure to the work environment that caused the illness.

A recurrence of disability is also a return or increase in disability due to a consequential injury;  or, a withdrawal of a specific light duty assignment when the injured worker (IW) cannot perform the full duties of the regular position.  This withdrawal must have occurred for reasons other than misconduct or non-performance of job duties.

•A new injury must be reported on a new Form CA-1 or Form CA-2 even if it is to the same body part as the prior injury.

A consequential injury is a new injury which was caused by effects of the accepted work injury.

•In these instances, the IW should not file a new Form CA- 1 or Form CA-2 for a consequential injury.  A Form CA-2a may be used; however, a medical report with an explanation will suffice.

A Recurrence of Disability is a work stoppage caused by a  return or increase of disability due to a consequential injury (defined as one which occurs due to weakness or impairment caused by a work-related injury); 

The scenario that the email question is  presenting would be a different type of recurrence. IT would would be the third type of recurrence of disability:

FECAT ACT says….A recurrence of disability of an injury is also due to: 

 Withdrawal of a specific duty assignment when the employee cannot perform the full duties of the regular or limited duty position. 

Your scenario fits the third type of recurrence of disability scenario.

There are two types of recurrences:  

•A recurrence of the medical condition is the documented need for additional medical treatment after release from treatment for the work related injury.  Continuing treatment for the original condition is not considered a recurrence. (This is the re-opening of a closed case scenario)

•A recurrence of disability is an inability to work after an employee has returned to work, caused by a spontaneous change in a medical condition which had resulted from a previous injury or illness without an intervening injury or new exposure to the work environment that caused the illness. 

2 scenarios of recurrence of disability:

1. A return or increase of disability due to a consequential injury: Example Something that occurs due to weakness or impairment caused by a work related injury. 

2. Withdrawal of a specific duty assignment when the employee cannot perform the full duties of the regular or limited duty position. (This is your scenario).

If you are working and you have an accepted condition that is deteriorating either in a modified duty position or regular duty position, this is a new injury filing as a recurrence and it is not a CA-1 or CA-2 but a CA-2 Form new injury filing. 

Ok what are the steps that you should take if you find yourself, one of your OWCP patients, or one of your co-workers or union members that are experiencing this type of worsening of the accepted condition. 

Sequential Steps for CA-2A Filing - Worsening While on Modified Duty

Answer to this Scenario:

 A CA-2A should be filed in both situations we have described in this podcast.

Sequential Steps:

Step 1: Identify the Situation Type

An injured civil employee is experiencing a worsening/aggravation of an accepted work injury while performing modified duty. This is NOT a recurrence of disability in the traditional sense—it's a worsening of the current condition.

Step 2: Determine if CA-2A is Required

YES, file a CA-2A when:

Employee was working (even with restrictions)

Condition worsens requiring removal from work

Any period of disability occurs (whether 2 days, 5 days, or 30 days)

Medical documentation to support the CA-2A form from your OWCP doctor to support the evidence that there is a material worsening of the accepted condition & that it is directly  related to the accepted injury

Step 3: Complete CA-2A Form

The employee should file Form CA-2A (Notice of Recurrence) indicating:

Original injury date and OWCP case number

Date condition worsened (today's appointment date)

Date removed from work (today)

Expected duration of disability (5 days initially)

Step 4: Medical Documentation Required

You should provide:

Medical narrative explaining the worsening

Causation statement linking worsening to work-related factors affecting the accepted injury

Work restrictions (complete removal from work or increased restrictions

Expected duration of disability

Treatment plan

Step 5: Duty Status Documentation

Complete:

CA-17 (Duty Status Report) indicating "unable to work" for 5, 10 20 or however many days

Update restrictions when patient can return to work in new modified duty.

Direct Answers to the emailer's  Questions:

Question 1: Should she file CA-2A for 5-day removal?

YES - Any time an employee on modified duty experiences worsening requiring work removal, file CA-2A.

Question 2: Is CA-2A filed for 2 days or 30 days removal? Is there a certain amount of days off of work or working with new modified duty restrictions? No there is no amount of days requirement in the FECA ACT. 

So to answer the question of whether a recurrence should be filed in our scenarios. YES to both - The CA-2A should be filed regardless of duration when:

Worsening occurs while working (modified or full duty)

Medical removal from work is necessary

The worsening is causally related to the accepted injury

Key FECA Principle:

Per FECA guidelines referenced in your documents: "Where a person has a pre-existing condition which is not disabling but which becomes disabling because of aggravation casually related to the employment, then regardless of the degree of such aggravation, the resulting disability is compensable."

The duration of disability does NOT determine whether CA-2A filing is required—the fact that disability occurred due to worsening does.

Clinical Documentation Tips:

Your OWCP doctor's medical narrative should state:

Patient was working 8 hours with restrictions

Condition worsened (severe shoulder pain, unable to raise arm)

Worsening is causally related to accepted injury

Patient requires complete work removal for 5 days (or longer if needed)

This represents aggravation/worsening, not a new injury

File the CA-2A in ECOMP promptly to ensure compensation continuity. 

Ok… I think that is enough for today…I need to warm up this coffee and get going. 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 5 star review on the platform you found this podcast, like or subscribe to any of the major podcast platforms  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  Pensacola and Tampa. 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 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!. Also remember there is power in prayer. Pray for your nation, coworkers and for God's providence in current times of unrest and war. God Bless.

See you next time.