DO NOT SIGN PS FORM 2488 ...EVER!

When an employee is injured at work, many forms will be placed in front of the employee to sign. Most will be the standard forms. One will be slipped in and it is PS Form 2488.

This an authorization for medical report. Under no circumstances should this form be signed. It gives postal management the authority to dig into all your medical records from birth until today.

Most of this medical information postal management has no business knowing. If management says an employee needs to sign this form in order to process their claim easier, this is totally false. This is your private record and management has no right to do it. DO NOT ALLOW THEM THIS ACCESS.

If a compensation claim ensues from an injury, the inspection service would use this to pry into your private life in order to find something to get you, the employee.

Remember, DO NOT SIGN PS FORM 2488. An employee has a perfect right not to sign this form.

As a reminder, it is always best for an employee to read any form placed in front of them by management.

If an employee has a concern, ask for a union steward to be present to answer your questions.

 

Injured Employee Information

Another link to information

The Postal Service’s New
National Reassessment Process-Limited Duty

Background

(October 2009) On May 29, 2009, the Postal Service completed a pilot program which was implemented in four Postal Service Districts and was designed to reassess limited duty jobs (limited duty jobs are for temporary medical conditions resulting from accepted on-the-job injuries).

Subsequently, the APWU was notified that on July 27, 2009, the Postal Service had finalized their protocols and would begin implementing this limited duty National Reassessment Program (NRP) nationwide, District by District, on a staggered basis. We were informed that prior to the implementation of this limited duty NRP in a District, local union leadership would be notified and employees would receive a stand up talk regarding this program. Postal Service Headquarters has distributed to the field specific instructions [PDF] that must be followed when a District implements this new process.

Application of this NRP-Limited Duty program can result in the injured employee being offered work for a full day, a partial day, or not offered any work at all.
These work availability decisions can be made by management on a day-to-day basis. It is important to know that any MMI employees who have not already been reassessed by the original NRP will be reassessed, initially, through this new program.

The pilot program demonstrated the dramatic impact of this new Limited Duty NRP. The Postal Service informed the APWU that of the 2,230 injured employees (all crafts) reassessed during the pilot, only 41% received “full day” job offers, 30% were assigned to “partial day” jobs, and a devastating 29% were told that there was no work available.  

Discussions with the Postal Service

The APWU met repeatedly with Postal Service representatives and argued vigorously that both this new NRP, and the older NRP which is designed for employees who have reached maximum medical improvement (MMI), are inappropriate and appear to be an effort to force injured employees out of the Postal Service, or to pressure them to ignore their medical limitations in order to save their jobs. Additionally, we objected to both the failure to provide sufficient notice to the unions and to the employees prior to the “work status” meetings, and to the elimination of the formal interview process which was required in the initial NRP-MMI for rehabilitation jobs. We strongly believe that these changes severely diminish the union’s and the employee’s ability to correct misinformation and to participate in a meaningful interactive exchange of information before decisions are made regarding the availability of medically suitable work.

Also, we have repeatedly pointed out that the language of the Employee and Labor Relations Manual (ELM) requires only that job offers be medically suitable. There is no handbook language which requires medically restricted jobs to be “operationally necessary”. The Postal Service has unilaterally added this additional criterion, and is using it to improperly deny work assignments to injured employees.  

Discussions with the Division of Federal Employees’ Compensation (DFEC), Office of Workers’ Compensation Programs (OWCP)

The APWU has had numerous discussions with the principles at DFEC, and they have informed us that when injured employees are not provided medically suitable work, they should complete and submit an initial Form CA-2a, “Notice ofRecurrence”. For these employees their “disability”, i.e. their inability to work, has recurred because the Postal Service has not provided them with medically suitable employment. Additional recurrence forms do not have to be completed for subsequent intermittent absences. Employees who want to be eligible to receive wage loss compensation would use LWOP and submit Form CA-7/7a, “Claim for Compensation”, and OWCP will then make decisions regarding entitlement to compensation on a case-by-case basis. An employee may also use paid leave, but they would not be able to buy it back at a later date.

DFEC has issued a FECA Bulletin [PDF] for the use of their claims examiners in the processing of claims arising from the Postal Service’s NRP.

Additional Information

Employees should file individual grievances when they believe that they have been improperly denied medically suitable employment. The following hyperlink provides detailed suggestions regarding the filing of grievances, and discusses additional information that may be useful to injured employees who find themselves in this unfortunate position: USPS Withdrawal of a Limited Duty/Permanent Rehabilitation Assignment.

As many of you are aware, the Postal Service has initiated a program called the National Reassessment Process and we have completed phase one of that process. During phase one many of you received letters asking you to update your medical. Hopefully if you did receive a letter you did update your medical. This is important because the Injury Compensation office information is not always accurate and that medical documentation will be used in phase two of the process.

Last week you attended a meeting concerning phase two which will take 3 to 5 months to complete. In the first step of phase two management has identified employees in our local that are on limited duty with permanent medical restrictions that will go through this process. Management has listed these employees's as either reaching maximum medical improvement (MMI) within 1 year or reaching MMI after 1 year. 

The second step in the reassessment process is that management in every installation is required to identify all necessary work that is not in a bid position that could be performed by limited duty employees. Management will identify duties on a 540 work sheet and that work could already be in existing limited or light duty assignments. One of the major problems with the reassessment process is that for years the Postal Service has taken the position that they have been required to find medically suitable work for anyone hurt on the job. In national arbitration the Postal Service claimed they create limited duty jobs only because they have a legal obligation to do so and once those limited duty positions are vacated the jobs go away. Now the Postal Service has flip flopped on its position claiming limited duty assignments must be "necessary/productive work", instead of medically suitable work with no more make work assignments. This issue of necessary / productive work verses medically suitable work is currently at step 4 of the grievance procedure and we will provide updates on its progress when we receive it and file individual grievances locally as well.

Once all necessary or productive limited / light duty work has been identified in the facility management intends on assigning permanent medically restricted employee's to those positions based upon their medical restrictions. A senior manager in the facility will look at the worksheet and state if there is a job available for you or not. If a job is available for you, an interview will be set up and you to be offered your new limited duty job. It's important that you request union representation through out this interview process. During this interview is the time to bring up any additional medical documentation you may have, or any information that may help find a job for you. Management has stated the pecking order for placing employees in limited duty assignments is as follows: Those employees who have reached MMI before 1 year will be placed into positions. Those employees's who have reached MMI after 1 year will be placed into positions.

Management also stated that all employees who currently have limited duty / rehab assignments, those assignments will be withdrawn and these employees will be assigned using the pecking order above either MMI before or after one year. Management also intends on re-assigning employees without any consideration for seniority or what job you are currently doing. Management claims that they have been making assignments wrong for years and are going to start fresh and make assignments correctly. The union does not agree with management and we will not stand by and let management violate any of your rights as an injured worker. Many of you already have assignments that went through OWCP and I can't see how management can withdraw those job offers.

The Postal Service is ignoring seniority rights when placing employees into limited duty assignments. It's possible for you to have 30 years service and someone else has 5 years service, but the Postal Service gives the employee with less seniority a preferred assignment. Seniority is the backbone of collective bargaining and the Service has always used employees' seniority dates whenever placing anyone in a job. This issue is also at step 4 of the grievance procedure and grievances will be also filed locally.

Management claims they will assign employees to limited duty assignments using the following criteria within your medical restrictions: (1) Work within the employee's craft, in the work facility to which the employee is regularly assigned, and during the hours when the employee regularly works. (2) If adequate duties are not available within the employee's work limitations in the craft, work facility and within the employee's regular hours of duty, other work may be assigned within that facility. (3) If work is not available at the facility within the employee's regular hours of duty, work outside the employee's regular schedule may be assigned as limited duty. However, all reasonable efforts must be made to assign the employee to limited duty within the employee's craft. (4) An employee may be assigned limited duty outside of the work facility to which the employee is normally assigned only if there is not adequate work available within the employee's work limitation tolerances at the employee's facility. In such instances, every effort must be made to assign the employee to work within the employee's craft within the employee's regular schedule and as near as possible to the regular work facility to which the employee is normally assigned. During this process it is possible that employee's may go into other crafts with form 50's being cut right away and this obviously may affect your pay and seniority issues. Employees may also be re-assigned up to 50 miles away in another facility and management claims that they will notify the unions of anyone changing crafts. This issue is also at step 4 in the grievance process because management has limited their search for work to a 50-mile radius within the district and not searched nation wide for work. Through out this reassessment process across the country management has been able to find work for the majority of its permanent injured employees, however if your restrictions are so severe work is not available then a second set of interviews will be scheduled.

You will be given a two-week notice of the interview and if after the second interview, the Postal Service cannot find you work, you will be given a CA-2A and a CA-7, which you should fill out immediately. Someone will then take your badge and have you clean out your locker. Yes, that is how your Postal Service will treat you that day. It doesn't matter how good an employee you are or how long you have been there. The fact is the Postal Service is trying to end your career and could care less, so make sure you have union representation! The CA-2A and CA-7 will go to the Department of Labor and hopefully, will be approved in a timely manner. Honestly you may be without a check for weeks or your claim may not even be approved at all. The problem is some employee's have been off OWCP rolls for so long in productive positions, OWCP does not understand how you got a reoccurrence of your injury. So if you have annual leave or sick leave you may want to use it. Management's flippant attitude is you are now OWCP's problem and not theirs.

Once the Postal Service puts you out, the Department of Labor will then place you in a Vocational Rehab Program. This is a program designed to try to find you work in the outside sector within your restrictions. The Department of Labor will try to identify two jobs within 90 days in the outside sector that you will have to apply for employment. The Department of Labor will look at your skill level, educational background, and restrictions, while looking for employment for you. If and when the Department of Labor does identify a job for you must schedule an interview with that employer. If you fail to do this your compensation can be reduced or possible terminated. I wish I could tell you everything will work out, but I can't. The Postal Service is doing their best to get rid of as many limited duty employees as possible. This is going to be a very stressful time for anyone involved in this process. The Union will file grievance after grievance to protect your rights and a steward or officer will be at every interview to help you with your decisions and mostly to protect your rights. If you do receive an interview letter - - please call your union office immediately.