Printing - FECA-PT2 - National Association of Letter Carriers

2-0806-4 Developing Factual Evidence
4. Developing Factual Evidence. The purpose of this paragraph is to identify the kinds of factual
evidence specifically needed in occupational illness cases, and how to obtain this evidence.
a. Review Evidence in File. Before making any inquiries, the CE should carefully review all
material in file, both to identify evidence needed for adjudication and to avoid requesting evidence
already provided or not needed.
If the file contains enough evidence for the CE to write a complete SOAF, no further development
of the factual evidence is needed. The CE should refer to MEDGUIDE in Folioviews (Medical
Management of Claims under the FECA) for guidance on information needed to support claims for
various medical conditions.
b. Identify Sources of Information. The CE should use the telephone to find out the best party
to contact if this information not readily apparent. For example, call the agency to determine the
name and address of a manufacturer.
(1) Nature of Claim. The claimant should be asked to clarify what condition is being
claimed, or whether the claimed condition is due to an occupational disease, a traumatic
injury, or a recurrence, If doubt exists.
(2) Description of Job Duties.
(a) The employing agency should be asked to provide position descriptions,
including physical requirements, and clarification of job duties.
(b) The claimant should usually be asked to describe the physical and
environmental requirements of the job, and the supervisor or injury compensation
specialist should review the statement before submission to the OWCP.
(c) However, where the position description accurately describes the factors
claimed as the basis of a medical condition, it is not always necessary to request a
detailed statement from the claimant describing these factors. For example:
Where aggravation of degenerative disc disease due to repeated heavy lifting is
claimed, and the position description states that frequent lifting over 50 pounds is
required, it can be accepted that the claimant often lifted heavy objects.
Where an employee claims a reaction to breathing paint fumes, and the position
description states that he or she works with paint in poorly ventilated areas, this can
be accepted as factual.
(3) Employment History. The employing agency is the best source for a chronological
history of employment. For a claimant who is now retired, or who was employed at a
now-defunct facility, the CE may request the Official Personnel Folder from the Federal
Records Center. The CE may want to coordinate use of the file with the employing agency,
which may also require it to provide necessary information.
FECA-PT2 Printed: 06/08/2010 228