HELP! I CAN'T REACH MY CLAIMS EXAMINER!
Perhaps the single most common complaint heard in federal workers' compensation claims is your inability as a claimant to reach your USDOL claims examiner assigned to your case, for assistance. You can literally spend hours on the phone to the USDOL waiting for someone to pick up. Or you can send a written letter to the USDOL, only to wait for weeks and months, if ever for a response.
Is there a quicker and simpler way to reach your assigned claims examiner at the USDOL? Yes. By email.
How do you find out your claims examiner's email address? Simple. The USDOL routinely assigns email addresses as follows: if the claims examiner's name is, for example, John Doe, then his USDOL email address will be doe.john@dol.gov. This style works for almost all USDOL employees across the country. If that does not work, try including his middle initial or reversing the address to john.doe@dol.gov.
Once you have found the correct email address, you will be able to reach your assigned claims examiner instantly; no long waits on the phone, no waiting weeks for a letter.
However, be prepared for more attempts by the USDOL to further stonewall you. Once you have their email address, the claims examiner will usually respond that you are not allowed to contact him by email and that you must submit any requests to him in writing or by phone. That is false and simply an attempt by the USDOL to further avoid your inquiries. If your claims examiner attempts to dissuade your contact of him by email, you will want to provide the following federal policy and federal law regarding email to him, by email. The actual USDOL policy regarding email is as follows:
"It is the
policy of the Office of Workers' Compensation Programs (OWCP) that e-mails and
facsimiles are accepted in the District Offices and in the National
Office. We will continue to send
materials sent directly to our district offices (including email, faxes and
other communications such as Federal Express packages) to our London, Kentucky
facility for scanning in the electronic case file." Director for Federal Employees
Compensation, October 24, 2003.
And under federal law, emails are "official" federal records as defined by the Federal Records Act requiring preservation (your claims examiner cannot delete your emails) in your federal claims file. Title 44 USC Section 3301.
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 USDOL ACCEPTS VA PHYSICIAN'S CEREBRAL STROKE AS CAUSED BY JOB STRESS AND THUS A COMPENSABLE OCCUPATIONAL ILLNESS
I am very pleased to announce a successful outcome to a federal workers' compensation claim after a long, hard fought battle with the USDOL Office of Workers' Compensation Programs (OWCP).
In this OWCP claim, the claimant was a senior physician employed by the Veterans Administration. As part of his job he was directly responsible for the oversight of of the VA plastic surgery department, training resident physicians and working long hours each week. After a particularly difficult surgical operation, the claimant returned to his office and suffered a cerebral vascular stroke. The stroke resulted in his paralysis and other severe impairments that disabled him until he died of his illness four years later.
Prior to his death he filed an occupational disease claim for federal workers compensation benefits with the OWCP. He claimed his stroke was caused by the stress and difficulties of his job as a VA surgeon.
The OWCP repeatedly denied his claim. The OWCP argued that his stroke was not connected to his employment, but due to other factors, and thus not compensable.
On appeal we presented detailed medical evidence and legal arguments to show that the claimant's stroke, and his subsequent death, were directly connected to his job. We obtained and presented to the OWCP narrative medical reports from the claimant's treating physicians stating their diagnoses, and exactly how, in their medical opinions, his job stresses directly led to, contributed to and caused his cerebral stroke leading to his disability.
Upon further review of our arguments and evidence, the OWCP agreed. Almost four years after the event occurred, the OWCP agreed that the claimant's job involved a high amount of stress that culminated into a severe incident during a difficult surgical procedure. That incident then was a direct and contributory cause of the claimant's cerebral stroke that led to his disability and eventual death years later. After many years, his surviving widow will now be able to finally move forward to seek compensation benefits long overdue to her from the USDOL.
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Greetings!