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I am an injured federal (u.s. postal employee) of 25 years…

Good morning, Lawyer's Assistant:...

Good morning,

Lawyer's Assistant: Hello. How can I help?

I am an injured federal (u.s. postal employee) of 25 years who was traumatically work related two times followed by an o.d. claim filed based on employer and U.S.DOL failing to accept injuries I sustained from work related injuries to this day, accidents happened in 2003 and then 2011, now being subjected to second opinion exams, most recently a Independent Medical Exam (IME), and these chosen DOL physicians groasely falsifying my ongoing disabilities stating my injuries have ALL resolved and I am perfectly capable of doing my pre-injury job carrying mail, and now my benefits of compensation and medical benefits by DOL are proposed to be terminated because of these absolutely lying CHOSEN DOL physicians. Can I legally hold these physicians accountable for their groasely falsified reports?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

I recently had a federal comp attorney who was fighting for my benefits and who had won my disability retirement but as far as these absolutely falsified DOL physicians basically had me correcting their errors. Which I have a permanently damaged unrepairable injured shoulder so correcting basically 16 pages of errors gets to be overwhelming and my question to attorney was when does this madness stop it just seems like were going in circles with nothing being corrected? Attorney did not like complaining so as of 3-23-2018, attorney dropped me as a client after doing latest appeal in regards ***** ***** being terminated. As far as HR Dept I am officially a separated employee of the USPS effective May 2015

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I am currently receiving disability from state of Michigan and receiving benefits from DOL for work related injuries so no I am not

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

As I have said had several MRI’S dating back to original work related MVA beginning in 2004 and following stating my injuries as for these SECOP and recently IME they groasely, falsely have stated they have miraculously RESOLVED which injuries are so old, my physicians have stated I am permanently disabled. I have not t worked since Dec. 2013. Now DOL consequently wants to terminate my absolutely injured federal right, to receive these benefits

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Answered in 6 minutes by:
3/28/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,842
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you can get your doctors to write a medical affidavit attesting to how these second opinion doctors were acting below the reasonable standard of care in their assessment and misdiagnosing you intentionally for the employer, then these IME or second opinion doctors can be sued for malpractice. You would need a medical malpractice attorney locally to sue the doctors.

You also still have to pursue your OWCP disability complaint and take that through the court process. You should NOT be pursuing this on your own without an attorney, because these federal workers compensation and disability claims are difficult even with an attorney. You can get a new attorney off the same sites used by other attorneys http://www.hg.org or http://www.superlawyers.com

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,842
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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Please use the SEND button or REPLY button to respond to us, do not open new questions for directly related follow up such as below:

I am so glad I was able to be answered by you. Thank you so much. As far as my physician commenting on SECOP, he most certainly did. I notice there are independent physicians I can use to deny and basically abolish these bogus DOL physicians i do believe I would have to pay for their report but it seems to be a logical solution. You are so right in regards ***** ***** legal representation on my OWCP claims, for they have been anything but accommodating and looking out for the federal injured employee. This has been such a nightmare for me and it just won’t end. I’m wondering as far as OWCP/DOL, can they also be held accountable for their negligence??? I sooo hope so. As far as legal representing on SECOP and IME bogus exams, what type of attorney would I pursue? Thank you again. Your answer for me has been so gratifying and hopeful. Thank you

You can use not only your own doctor, but also an independent doctor separate from these employer doctors who do SECOP as those doctors are basically whores who will say whatever the employer asks them to say for money.

You would have to pay for the other independent doctor as well, but it is worth it if it gets you benefits resumed.

Unfortunately, OWCP/DOL can only be forced to pay the benefits you are due, not for their conduct.

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