There has been great discussions on filing for a Schedule Award (S/A) when you reach Maximum Medical Improvement (MMI). There are several things you need to consider before taking the leap into schedule award land.
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First, you must have a permanent impairment of a scheduled member of the body. See section 8107 of the Federal Employees' Compensation Act (FECA) for the parts of the body covered. The back and brain are not on the schedule.
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Second, your doctor must state that you have reached MMI. MMI means that your scheduled member of the body has reached a permanently stabilized state and well not get any better.
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Third, you need to obtain a Permanent Partial Impairment (PPI) assessment based upon the 6th Edition of the AMA Guide to Permanent Impairment.
Once you have taken these things into consideration you need to look at whether it is advantages to apply for a S/A now or later.
Keep in mind that you are not entitled to a S/A and compensation for wage lost at the same time. But, you are entitled to a S/A and your annuity from OPM at the same time or while you have returned to work. For example: if you are receiving compensation for lost wages (total or partial disability) and you have reached MMI, OWCP will interrupt your compensation to pay the S/A.
At the conclusion of the S/A OWCP should reinstate your compensation at the previous level (as long as the medical evidence continues to support that level of entitlement). S/A begin on the date MMI established by the weight of the current medical evidence.
Lets say that you reached MMI six months earlier for a scheduled member of body, lets say the leg. OWCP can either (1) declare the period of time covered by compensation for lost wages beginning on date of MMI and continuing as a S/A. Or (2) start the schedule award on the next periodic roll pay date. In most cases, if the date of MMI is greater than 6 months in the past the CE will most likely start the S/A effective the next date of the periodic Roll.
Friday, February 17, 2012 11:15:00 AM