Printing - FECA-PT2 - National Association of Letter Carriers

the medical connection between lifting heavy boxes in 100 degree weather and the
claimant's myocardial infarction two weeks later. Please explain in medical
terminology how the two events are related."
d. Lack of Response. Where the CE requests an opinion from the attending physician but
receives no reply within a specified period of time, the claim may be adjudicated based on the
evidence in file without further development if the CE has:
(1) Provided a SOAF to the attending physician;
(2) Posed specific questions to the attending physician;
(3) Advised the physician that the OWCP will pay for a comprehensive report;
(4) Notified the claimant that the requested medical opinion is necessary to further
develop the claim; and
(5) Advised the claimant that he or she is responsible for ensuring that the physician
submits the report.
2-0806-6 Aggravation of Medical Condition
6. Aggravation of Medical Condition. The purpose of this paragraph is to discuss the effect of
continued exposure to injurious conditions on entitlement to compensation. Where an employee cannot
work due to risk of future exposure, the CE must determine whether the susceptibility is due to the
employee's exposure on the job site, or if it pre-existed such exposure. Such disability is compensable
only if it is due to exposure on the job.
As the ECAB held in Dennis L. O'Neill (29 ECAB 151) and clarified in James L. Hearn (29 ECAB 278), when
an employee has suffered a work-related injury which results in permanent residuals, disability for work
may result when additional exposure to the implicated employment conditions would further endanger the
employee's health, although the residuals of the injury alone might not be disabling.
For instance, since exposure to asbestos dust generally results in permanent and irreversible changes in
the pulmonary system, medical evidence may indicate that continued employment in a certain job or work
environment is contraindicated due to the dangers of continued exposure. If the employing agency
cannot provide employment in an environment that conforms to the medically allowed level, the claimant
will be entitled to compensation. If the impairment is sufficient to disable the individual for the customary
employment, the CE should refer the claimant for vocational rehabilitation services.
On the other hand, if employment factors aggravate a pre-existing condition, the claimant is entitled only
to compensation for the period of disability related to the aggravation, if the aggravation is temporary and
leaves no permanent residuals. This is true even though the claimant is found medically disqualified to
continue in his or her regular job because of the effect which the employment factors might have on the
pre-existing condition. The claimant's inability to continue working is due to the underlying condition,
without any contribution from the employment, and therefore compensation is not payable.
2-0806-7 Adjudicating the Claim
FECA-PT2 Printed: 06/08/2010 233