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Printing - FECA-PT2 - National Association of Letter Carriers

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7. Adjudicating the Claim. The purpose <strong>of</strong> this paragraph is to address the factors leading to<br />

acceptance or denial <strong>of</strong> OD claims.<br />

a. Acceptance.<br />

(1) Conditions. The claim may be accepted if:<br />

(a) The medical condition is demonstrated by objective findings (clinical tests);<br />

(b) The accepted factors <strong>of</strong> employment are competent to cause or contribute to<br />

the diagnosed condition; and<br />

(c) The accepted factors <strong>of</strong> employment are shown to have caused or contributed<br />

to the accepted condition. The CE need not define in detail what portion <strong>of</strong> the<br />

disability is due to employment factors and what is not.<br />

For example, an individual with chronic bronchitis is exposed to fumes at work which<br />

aggravate the bronchitis. It is not necessary to determine what portion <strong>of</strong> the<br />

current disability predated the exposure and what did not. (However, it is important<br />

to establish when the exposure no longer contributes to the symptoms or disability.<br />

(2) Notification. The CE should advise the claimant by letter <strong>of</strong> the condition(s)<br />

accepted, as required by 20 CFR 10.130. If the acceptance is for aggravation, acceleration,<br />

or precipitation <strong>of</strong> a condition, the CE should so indicate in the letter. It may be helpful to<br />

provide the claimant with the relevant definition.<br />

Where the agency has challenged the claim, the CE should discuss the evidence supporting<br />

the acceptance and explain how the evidence presented by the agency was considered.<br />

b. Denial.<br />

(1) Conditions. The claim should be denied if:<br />

(a) Either fact <strong>of</strong> injury or performance <strong>of</strong> duty is not met.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 234

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