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Printing - FECA-PT2 - National Association of Letter Carriers

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(1) Temporary aggravation involves a limited period <strong>of</strong> medical treatment and/or<br />

disability, after which the employee returns to his or her previous physical status.<br />

Compensation is payable only for the period <strong>of</strong> aggravation established by the weight <strong>of</strong> the<br />

medical evidence, and not for any disability caused by the underlying disease. This is true<br />

even if the claimant cannot return to the job held at time <strong>of</strong> injury because the pre-existing<br />

condition will worsen if he or she does so (see James L. Hearn, 29 ECAB 278).<br />

Temporary aggravations may involve either symptoms or short-term worsening <strong>of</strong> a<br />

condition. For instance, a claim may be accepted for angina, which is essentially a<br />

symptom, in which case medical treatment and compensation would be limited to the period<br />

<strong>of</strong> work-related angina and would not encompass treatment or disability due to the<br />

underlying condition.<br />

Likewise, a claimant with a psychiatric condition may suffer a short-term worsening <strong>of</strong> the<br />

condition which then reverts to its prior state. Both <strong>of</strong> these situations qualify as temporary<br />

aggravation.<br />

In accepting a case for temporary aggravation <strong>of</strong> a pre- existing condition, the Claims<br />

Examiner (CE) should note on the CA-800 and in the CMF, and in correspondence with the<br />

claimant, the fact that the acceptance is limited to temporary aggravation and does not<br />

include the underlying condition. It may also be useful to note the specific dates <strong>of</strong> the<br />

aggravation or the date the aggravation ceased.<br />

(2) Permanent aggravation occurs when a condition will persist indefinitely due to the<br />

effects <strong>of</strong> the work-related injury or when a condition is materially worsened such that it will<br />

not revert to its previous level <strong>of</strong> severity. For instance, an allergy which would have<br />

persisted in any event may be permanently aggravated by exposure to dust and fumes in<br />

the workplace such that subsequent episodes are more severe than they otherwise would<br />

have been.<br />

A case should be accepted for permanent aggravation only after careful evaluation <strong>of</strong> all<br />

medical evidence <strong>of</strong> record. Such a finding provides no additional benefit to the claimant<br />

and should not be routinely considered due to the difficulty involved in rescinding it if the<br />

claimant's condition improves.<br />

c. Acceleration. An employment-related injury or illness may hasten the development <strong>of</strong> an<br />

underlying condition, and acceleration is said to occur when the ordinary course <strong>of</strong> the disease<br />

does not account for the speed with which a condition develops. For example, a claimant's<br />

diabetes may be accelerated by a work schedule which is so erratic that it prohibits the regular<br />

food intake required by persons with this condition. An acceptance for acceleration <strong>of</strong> a condition<br />

carries the same force as an acceptance for direct causation. That is, the condition has been<br />

accepted with no limitation on its duration or severity.<br />

d. Precipitation. A latent condition which would not have become manifest but for the<br />

employment is said to have been precipitated by factors <strong>of</strong> the employment. For instance,<br />

tuberculosis may be latent for a number <strong>of</strong> years, then become manifest due to renewed exposure<br />

in the workplace. The claim would be accepted for precipitation, but the acceptance would be<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 214

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