DeCiccio & Johnson Law Office

03/21/2025

Traumatic Brain Injury in the Workplace

Workers in Florida who suffer on-the-job traumatic brain injuries (TBI) are covered under Florida’s workers’ compensation system. Not all TBI cases or TBI conditions are accepted however and proving a TBI case or TBI injuries require a particular expertise.

In general, workers’ compensation provides medically necessary care and treatment, testing, rehabilitation, and at-home attendant care as well as compensation benefits for loss of wages. In TBI cases especially, making sure needed benefits are provided is critical. As an aside, workers’ compensation does not provide damages for pain and suffering, mental anguish or the loss of the ability to enjoy a normal life. But, having a normal life or returning to as close to a normal as possible can hinge on obtaining appropriate and timely medical treatment and brain rehabilitation.

Workers' compensation TBI cases present special challenges. While the severity of the TBI varies in each case, all TBI cases require careful administration and monitoring of medical care, testing, and rehabilitation. The law states that the insurance company, not the patient, controls the medical care including the selection of the doctors. It is imperative that the brain injured worker receive the care to which he or she is legally entitled, and such care is not unreasonably delayed or denied. That is where experienced legal counsel can help the TBI victim and his or her family navigate the system.

Daniel DeCiccio and Wayne Johnson are board certified in Florida workers’ compensation law, specialize in brain injury and other catastrophic cases and have a combined 70+ years of legal experience. https://www.deciccio.com/

If you need additional information about prevention and education, please visit Brain Injury Florida web page. https://www.braininjuryfl.org/

01/14/2025

Update: As of 2/12/2025, OWCP revoked the use of the 5th AMA Edition guides. Now we are back to only use the 6th Edition only.

Changes in Schedule Awards:

Effective January 10, 2025, the Department of Labor made a significant change in filing for schedule awards. Since 2006 use of the AMA guides Sixth edition has been mandatory in FECA claims. The Department of Labor will now however allow injured workers to select whether they want to use the Fifth edition or the Sixth edition of the AMA Guides.

All independent studies show that the Fifth edition on average produces impairment ratings 25 to 30 percent higher. Injured workers should therefore greatly benefit from this change. This will of course depend on what body part is injured. For example, knee replacements should produce substantially higher ratings under the Fifth edition while shoulder injuries may produce no difference under either edition.

The Department of Labor will require injured worker to indicate when filing for the award whether they want to use the Fifth or the Sixth edition. The injured worker’s representative and doctor should therefore know beforehand which Guide will produce the higher rating. An impairment report will then be done using that rating.
There are other changes that will also benefit the injured worked such as requiring that OWCP accept the injured worker’s rating if it is within 3 percentage points of the district medical advisor’s rating. Other changes the injured worker should be wary of. One change allows the injured worker to select to undergo a second opinion examination as selected and scheduled by OWCP. Injured workers should always get their doctor to do a rating rather than selecting this option.

12/31/2024

07/02/2024

Happy 4th of July to all our clients and friends!

06/14/2024

Today's Q & A:

As an injured federal employee, are you stuck with a waiting period for compensation?

Yes, there is a 3-day waiting period for compensation. Compensation is not payable for the first three days—Leave Without Pay (LWOP)--, until such time as the disability exceeds 14 days. If the disability period exceeds 14 days, even if not continuous, than compensation for the 3 waiting days will be paid. See, 5 U.S.C. §8117.

This rule does not apply for USPS employees.

Send a message to learn more

03/05/2024

Attention Federal Employees!

Effective February 17, 2024, two new OWCP Forms are required for medical travel refund request.

One is the OWCP-957A for Mileage; the other is OWCP-957B for Expenses. You can find the forms link in this post.

If you have any questions, please call our office (407) 740-4111.

OWCP-957A:https://www.dol.gov/sites/dolgov/files/OWCP/regs/compliance/OWCP-957A.pdf

OWCP-957B:
https://www.dol.gov/sites/dolgov/files/OWCP/regs/compliance/OWCP-957B.pdf

11/03/2023

What is a FECA third-party case?

When you are injured by the negligence of a non-federal employee you can sue that person while receiving your Worker’s Compensation benefits. This is called a third-party claim. The Department of Labor handles these claims in an unusual fashion from other worker’s compensation systems so you will need an experienced personal injury and federal workers compensation attorney to handle your cases.

The Department of Labor has a subrogation interest on the third-party lawsuit. They are entitled to a refund of what they have paid out on the workers compensation claim. They guarantee the injured worker 20% of the recovery in the third-party case after payment of attorney’s fees and costs. If there is any money left over after the Department of Labor is paid then the employee gets to keep that. However, what is called a surplus is declared. When there is a surplus the injured worker will not receive any worker’s compensation benefits until the surplus is met. For example, if the surplus is $100,000.00 then the injured worker will not be paid wage-loss benefits, a schedule award or receive medical benefits until the amount of the surplus is exhausted. Worker’s compensation benefits will then be re-started after that.

The Department of Labor requires an injured worker to pursue a viable third-party case. A personal injury attorney who is familiar with FECA can provide counsel to maximize an injured worker’s recovery and help the worker to continue to receive benefits.

07/14/2023

Why the medical records of my P*P do not help in my Florida workers’ compensation claim?

Short answer: Because your P*P’s records are not from a doctor authorized by workers’ compensation and therefore the P*P’s records are inadmissible in workers’ compensation.

Long answer: Generally, in Florida workers’ compensation proceedings, only certain categories of medical records are admissible: (1) medical records from doctors authorized by the workers’ compensation carrier; (2) an independent medical examiner or IME (a doctor) selected and declared by the injured worker to serve as an IME and paid for by the injured worker; and (3) an expert medical advisor or EMA (a doctor) appointed by the Judge to resolve disputes like an umpire between the injured worker’s IME/doctor and the doctor(s) hired by the insurance carrier.

If you need help with your Florida workers' compensation claim, please call us at (407) 740-44111.

03/31/2023

Why is important that I create an ECOMP account for my OWCP claim?

Quick Answer:

So, you can be kept informed, and your authorized representative can better assist you with your OWCP case.

Long Answer:

ECOMP is a secure online website that provides OWCP claimants and their authorized representatives (e.g., your lawyer) access to view case information, such as recent actions, medical records, compensation information and decisions.

Your attorney can access your entire OWCP file, be kept up to date, and download and print documents. Your attorney can upload or file documents on your behalf. You and your attorney will be playing from the same sheet of music--your OWCP file.

You can keep yourself informed about your case by logging on to ECOMP. You don’t have to wait for or rely on receiving letters via U.S. Mail from the Department of Labor or calling your claims examiner to find out what’s going on in your case.

To learn more, Google “ECOMP Department of Labor” and you will find your way to “Welcome to ECOMP” on the Department of Labor’s website to get started and register an account; or you can access the following link: https://www.ecomp.dol.gov/ #/

03/10/2023

Does my Agency have to comply with the restrictions imposed by my P*P if my case is denied by OWCP?

Let’s assume you have filed a CA-1 or CA-2 in your federal workers’ compensation claim and the Department of Labor has denied your case. Your P*P has imposed physical restrictions and limitations on your ability to work from your work-related injury. Does the agency have to honor the restrictions?

The agency does not have to honor the physical restrictions and limitations assigned by your P*P because your case has been denied. To have the agency abide by your physical restrictions under OWCP, you must appeal the denial and win your case. Next, you will have to submit medical proof that your physical restrictions are connected to your work-related accident.

Even if your workers’ compensation case is denied, you have the right to ask the agency for reasonable accommodation, and the agency must engage in the interactive process and attempt to find a suitable job. You can do this during the appeal of your workers’ compensation case.