The  MSPB, with new Board members, issued three (3) decisions earlier this month.  Those three decisions had three things in common:

1) The employing Agency was the USPS in each of the  MSPB appeals

2) Each of the  MSPB Judges reversed was from the San Francisco Regional Office

3) Each of the 3 cases dealt with “restoration rights” for Federal employees who had recovered from an on-the-job injury.

4) Each of the 3 cases reinforced the incorporation of the Americans with Disabilities Act and [...]

Many individuals that are currently receiving OWCP wage loss compensation and/or a schedule award ask us whether they can simultaneously receive disability compensation from  OWCP and federal  disability retirement from OPM at the same time.

You cannot receive wage loss compensation from  OWCP and federal  disability retirement payments from  OPM at the same time.  Deciding which benefit to choose is a decision that is meant for another post, and involves considerations of whether or not you will be able to return to [...]

Your managers have training on Employment Law, why don’t the workers?

Mr. Attig is founder of the Attig Law Firm, a Firm that regularly represents Federal Employees before the EEOC, MSPB, OWCP, OPM and OWCP.  Clients, potential clients, and various employee organizations have commented on how helpful Mr. Attig’s straightforward and candid explanations of Federal Employment laws, processes, and forums have been to them.

Mr. Attig is available to come to your organization, union, workplace, or association to speak and/or train your [...]

If you visit this site frequently, you will notice the Attig Law Firm’s new website design.  Thanks to the team at The Modern Firm for this great new design.

We received word yesterday that another client, an employee of the Dept. of Homeland Security, prevailed in her MSPB Appeal.

Our client was injured on the job around 1999-2000. She recovered from that injury and asked the Agency to accommodate some of her remaining limitations. Because the limitations did not affect her performance of her essential job functions, the Agency accommodated [...]

In a decision issued July 3, 2008, the full Merit Systems Protection Board reversed the removal of its employee George Bruton. This case is interesting for a couple reasons – but first, the facts. (You can read the full decision by clicking on this text).

Mr. Bruton was a VA employee. As with most Federal employees, his problems started when he was injured on the job in 2002. In 2005, Mr. Bruton’s doctor restricted him to 3 [...]

Another type of benefit to which some federal employees injured on the job are entitled is called a schedule award. Surprisingly, many employees that call our office to discuss their OWCP case are not familiar with, or have never heard of, a schedule award.

A schedule award is payment by OWCP for a permanent loss (or loss of use) of certain body parts. (OWCP calls the body parts “members”). Payment is made for a specified time period based [...]

Continuation of Pay (COP) is a benefit available to federal employees who are injured on the job. This benefit amounts to payment, by the employing Agency, of the employee’s regular pay for up to 45 days while the employee seeks medical treatment. COP is only available to those employees that suffer a traumatic injury – not those that have an occupational disease.

If you believe you are entitled to COP, file form CA-1 within thirty (30) days [...]

By far, this is the most common question that is asked during consultations.

The quick answer is “Yes, you should apply for both if you believe you are entitled to both”.  When I say “both”, I am referring to wage loss compensation benefits from  OWCP and federal disability retirement from  OPM.  If you are eligible for  federal disability retirement through  OPM, then apply for it. At the same time, if you are eligible for disability compensation from OWCP, apply for it.

However, you will not [...]

Here’s a scenario that can happen quite frequently. You are driving a vehicle as part of your government job, and you get hit by another driver. You file a complain for benefits with OWCP and your injury is accepted as an on-the-job injury. Can you sue the other driver that hit you and caused the injury? The short answer is “yes”, but there is information you may need to know before going forward with that [...]