Schedule Awards and COla's

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Latest post 03-05-2012 1:08 PM by Kivi. 3 replies.
  • 01-09-2012 9:56 AM

    • msvj3
      Consumer
    • Not Ranked
    • Joined on 08-12-2003
    • NJ
    • Posts 3

    Schedule Awards and COla's

    Hi,

    I received two lump sum scheduled awards.  The first period was 8/16/2006 to 05/25/2007 and the second one was from 05/26/2007 to 03/03/2011.  Should I have received a COLA adjustment for 2008-2011?  Also, after returning to OWCP compensation after collecting these scheduled awards, should my weekly pay be increased due to the COLA adustments?

  • 01-10-2012 1:51 PM In reply to

    Re: Schedule Awards and COla's

    WC benefits, and/or settlements are based on your AWW/Average Weekly Wage at the time of injury.

    If your contract carries automatic COLA's, you'd be paid those based on your wages. Vacation/PTO time does not accrue while out on a comp leave.

    OWCP is federal comp, NJ statutes do not apply.   Contact your HR dept.

  • 02-16-2012 3:20 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 6,168

    Re: Schedule Awards and COla's

    When you accept scheduled awards under the Federal Employees' Compensation Act (FECA) as a lump sum as you did, you also agree that any future increases that might otherwise have been made, will not be made. There also is a discount for advance payment. As part of taking that lump sum you signed an agreement acknowledging your understanding of these issues. You also agreed that if you had a recurrence of disability before the ending date of the scheduled award, you would not be entitled to wage loss benefits until after the original ending date of the scheduled award.

    In FECA land, COLA's usually are effective on March 1st of each year. (There was no COLA in 2009, however.)

    For example, you were given a scheduled award  for the period between 08/01/2009 to 09/30/2010. Instead of receiving ongoing four weekly payments, you elected to accept a lump sum of future payments effective 11/01/2009. OWCP pays you a lump for the moeny that would otherwise have been payable to you between 11/01/2009 to 09/30/2010, subject to a 4% discount.

    As part of accepting that lump sum when you di, you gave up the right to the 03/01/2010 COLA adjustment.

     

  • 03-05-2012 1:08 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 6,168

    Re: Schedule Awards and COla's

    I should have added that if you are returning to OWCP compensation effective 03/04/2012, you will get all applicable COLA's applied to your benefits. You only gave them up for the period of the lump sum scheduled award.

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