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Printing - FECA-PT2 - National Association of Letter Carriers

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(2) A nurse becomes disabled by pulmonary tuberculosis after a year <strong>of</strong> continuous<br />

employment on a ward where active tuberculosis patients were housed. If all other factors<br />

were negative, any medical opinion supporting causal relationship would require little or no<br />

rationale, as it would be apparent that the most probable source <strong>of</strong> the infection was in the<br />

employment.<br />

If, however, investigation had revealed that the employee lived with a spouse in whom an<br />

advanced case <strong>of</strong> active pulmonary tuberculosis had been discovered 60 days before, two<br />

probable sources <strong>of</strong> the infection exist: the hospital where the employee was exposed for<br />

40 hours per week in an atmosphere where the hazard was known and appropriate<br />

precautions were taken; and the home, where the hazard was unknown and no precautions<br />

were taken and where the contact was much more intimate and far exceeded 40 hours per<br />

week.<br />

Under these circumstances, it would be more difficult to find that the employment was a<br />

proximate cause <strong>of</strong> the disease and any medical opinion in support <strong>of</strong> causal relationship<br />

would require a full description <strong>of</strong> the medical reasons justifying such an opinion.<br />

Another variation involves the supposition <strong>of</strong> massive exposure at work and no exposure in<br />

private life, but with a positive skin test for tuberculosis prior to Federal employment. The<br />

major question then would be whether the current illness is a new disease process or a<br />

reactivation <strong>of</strong> an old one. This issue would require careful consideration, and any opinion<br />

which did not discuss all relevant factors and contain detailed rationale would not be<br />

sufficient to serve as the basis for a decision.<br />

2-0805-5 Obtaining Additional Medical Opinion<br />

5. Obtaining Additional Medical Opinion. When the medical report is prima facie sufficient but the<br />

opinion provided is unrationalized or speculative, the CE may find that causal relationship cannot be<br />

properly determined on the basis <strong>of</strong> the medical evidence <strong>of</strong> record. When this happens, the CE must<br />

obtain additional medical evidence. Following is a description <strong>of</strong> the format such requests should take and<br />

the sources from which additional opinions may be requested.<br />

a. Statement <strong>of</strong> Accepted Facts (SOAF). The CE should prepare an SOAF as a frame <strong>of</strong><br />

reference (see <strong>FECA</strong> PM 2-809) and should also state on a separate sheet <strong>of</strong> paper the specific<br />

questions for which medical opinion is desired. These questions should be as precise as possible,<br />

and they should be tailored to the particular circumstances <strong>of</strong> the case and the particular issue at<br />

hand.<br />

The CE should avoid asking general questions, those which can be interpreted in more than one<br />

way, and those which suggest a certain answer. For instance, the question, "If there was an<br />

aggravation, was it temporary or permanent?" is preferable to "When did the temporary<br />

aggravation cease?"<br />

b. Avoiding Serial or Piecemeal Handling <strong>of</strong> Cases. To prevent unnecessary delays in<br />

adjudication, the CE should ensure that all medical issues which need resolution are identified<br />

before requesting additional opinion. For example, if acceptance <strong>of</strong> causal relationship will entail a<br />

further decision about the extent <strong>of</strong> disability, the claimant's fitness for duty, or the<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 219

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