Abuse by USPS Management

 

      Most letter carriers are well aware of the wrong-minded USPS approach to safety, an approach that emphasizes retaliation, coercion, and intimidation instead of substantive steps to create and maintain a safer work environment for letter were to develop an enlightened and proactive safety program, some letter carrier require a significant change in USPS culture and thus it is realistically not likely to happen anytime soon.

      When an injury does occur and the injured letter carrier wisely reports the injury, management’s response typically ranges from a display of ignorance of proper procedures to openly antagonistic attempts at obstructing the carrier’s rights under the Federal Employees’ Compensation Act.  Common problems typically involve initial and follow-up medical care, subsequent work restrictions, and entitlement to Continuation of Pay (COP) when an employee is disabled for work due to an on the job traumatic injury.  In fact, during the 30 years that I have assisted injured members with injury claims, I cannot recall a single instance where USPS management did everything right.

      Injury compensation procedures are often complex and challenging for injured letter carriers, for their physicians, and for those charged with processing the required paperwork.  Management adds to the problems by retaliating with phony discipline in a transparent (and illegal) attempt to intimidate the injured carrier and others into not reporting future job-related injuries. However, the worst mistake any injured letter carrier can make is choosing not to report a job-related injury.

 

 

•     Any on the job injury should be reported as soon as possible.  This is a requirement and it becomes problematic with what at first seem to be minor injuries or twinges of pain when working.  However, it is best to come down on the side of

caution.  If the pain subsides without the need for medical treatment or other response, all the better.  All job-related traumatic injuries are to be reported on OWCP form CA-1, and not on a blank piece of paper.  A traumatic on-the-job injury is an injury that happens suddenly (i.e., a dog bite, an insect sting, or a fall), or a medical condition that develops entirely within one work shift or tour of duty (i.e., frostbite).  More on traumatic injuries follows.

 

•     When completing a CA-1, always check box A on the form (Continuation of your regular Pay for up to 45 calendar days).  Under no circumstances should you ever use your own leave for disability or medical care related to a job-related traumatic injury.  When the completed CA-1 is given to management, the supervisor is required to sign and date the attached receipt and give it to you.  Always insist that this is done.

 

•     Every letter carrier should have a physician or medical care provider in mind that we know will competently evaluate and treat a job-related injury, no matter when the injury occurs.  Typically, this means a medical care provider other than your personal physician, who usually is not immediately available to evaluate and treat your injury.   Always remember that YOU make the initial choice of physician, not management.

 

•     Management has the right to send you to their clinic, but you must first be allowed to see your chosen physician or medical care provider if they are immediately available and able to see you.  In general, it is not in your best interests to choose managements clinic or physician for your initial and follow-up medical evaluation and treatment.  Remember who the management doctor is working for.

 

•     Management has the right to also send you to their clinic after you have been evaluated and treated by your chosen physician.  However, this must be done on the clock and entirely at their expense.  Additionally, under NO circumstances can work restrictions as determined by your physician be overruled by the findings of the USPS doctor.  Management typically makes limited duty job offers to injured letter carriers based on the findings of their doctor, and not yours.  If you have wisely chosen your physician to be the doctor of record for your injury, you should always follow the medical restrictions on your regular work duties as established by your doctor, and not managements.  Never perform work that exceeds the restrictions established by your physician.

 

•     A medical condition that develops over a period of time and is or might be due to work factors (i.e., carpal tunnel syndrome) is considered to be an occupational illness or disease and requires the completion of form CA-2.  Of note, occupational illness/disease claims are typically much more complex than traumatic injury claims and must be accompanied by detailed medical and factual information.

 

•     Always beware of management attempting to get you to complete form CA-2a (notice of recurrence).  There are a very limited number of circumstances that qualify as meeting the definition of a recurrence of an injury.  However, management often tries to get injured carriers to complete a CA-2a even when it is not appropriate to do so, thereby derailing an otherwise legitimate injury claim. Never, never complete a form CA-2a without first receiving competent advice from your Union.  Management has no authority compel you to complete this or any other OWCP form and you should immediately report attempts by management to do so to your Steward.  Once again, it is always in your best interests to file a timely claim for any job-related injury or medical condition.  Your Union is available to give you competent advice on the correct forms and procedures.

 

•     Sometimes management will instruct you to complete a separate statement about the injury in addition to form CA-1.  This is improper and should immediately be challenged through the grievance procedure, since USPS management is never the adjudicating authority for your injury claim and is exceeding their scope of authority by requiring such statements.  All the information that is necessary for management to know is already contained on a completed CA-1 and any accompanying medical and/or accident reports.  Important:  Do not disobey an instruction to complete a separate statement.  Instead, follow instructions and immediately request to see your Steward.   Grievance remedy should include a requirement that the statement is disregarded and destroyed.

 

•     Management will also attempt to have you sign form 2488, authorization for release of medical information.  You cannot be compelled to sign this form under the threat of discipline and it is the strong advice of the NALC National Union as well as Branch 2184 that you should NEVER do so.  By signing this form you are giving management the unlimited right to scavenge through any aspect of your medical history, information that management has no right or need to know.  Simply refuse to sign the form, and immediately request your Steward or notify the Branch 2184 office if management persists in trying to obtain your signature on this form.

 

•     USPS management has no say whatsoever in the approval of your injury claim. The adjudication of all Federal and Postal employee injury claims is solely the responsibility of the United States Department of Labors Office of Workers

Compensation Programs (OWCP).  Letter carriers are often fooled into believing that the USPS Detroit District Injury Compensation Unit (sometimes referred to as Detroit Injury Comp) is the authority for such decisions. However, managements so-called injury comp unit is merely a group of management employees whose sole interest is in managing your injury claim to managements own benefit  and not yours.

 

•     To protect your own interests, always request and obtain copies of all forms and documents related to your claim, including copies of any correspondence between USPS management and OWCP.   You absolutely entitled to a copy of any document related to your injury claim. Management has a long and sordid history of challenging (controverting) USPS employee injury claims, typically on flimsy and even preposterous grounds.  Management will do anything to try to discredit you, including outright lying about you or the circumstances of your injury.

 

•     Always advise your Steward or a Branch officer of the details and circumstances of your injury, especially as they pertain to managements responses, actions, or inactions.  Do this as soon as possible.

 

 

For additional information call the hall at (313)-295-1640 and request a meeting with our Injury Compensation Specialists  Joe Golonka, Erik Venzke and Tracy Mitchell.