Not everyone relishes one. Yet, the challenge comes about often when we do not expect it, when our proverbial defenses are down and we cannot muster the energy to properly engage it. For children on the rough-and-tumble playgrounds, it can be over in a matter of minutes, where a few black eyes, a scrape and a bruise may be the worst of it. For adults who actually engage in a fist fight, more serious consequences may ensue, and beyond hurt egos and wounded pride, there are laws against assaulting and battering.
But there are many other forms of “fighting”; of neighbors squabbling over overgrown trees which cross fence lines; of public debates and shaming; of aggressive trolls on the Internet. Time was where once there were unspoken “rules” (like no hitting below the belt; no scratching or kicking, etc.), but with all-out “mixed martial arts” and other forms of unfettered fights, it seems that the art form (if there ever was one) is gone, and the only thing which matters is the outcome.
For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the “fight” is against the U.S. Office of Personnel Management, and fortunately for those who engage in this fight, there are rules by which all combatants must abide: The Statutes, Rules, Regulations and Case-Laws that circumscribe and dictate how the fight must be implemented and managed.
Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and find out what the rules are governing Federal Disability Retirement Law before you are in the “thick of it”; for, you do not want to have been taken unawares by a sucker-punch before you know what to expect.
Robert R. McGill, Esquire