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Printing - FECA-PT2 - National Association of Letter Carriers

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Medical.<br />

2-0809-2 Introduction<br />

2. Introduction. The SOAF is one <strong>of</strong> the most important documents a Claims Examiner (CE) prepares.<br />

It is the written summary <strong>of</strong> the CE's findings <strong>of</strong> facts. It serves as a factual frame <strong>of</strong> reference for the<br />

medical specialist, the CE or other case reviewer. When it is used by physicians who base their medical<br />

opinions solely on the information presented in the SOAF, the outcome <strong>of</strong> a claim may depend on its<br />

completeness and accuracy. Therefore, the SOAF must clearly and accurately address the relevant<br />

information.<br />

a. The SOAF represents what the OWCP in its capacity as fact finder has accepted as factual in<br />

a particular case. In Leopold J. Gunston, 15 ECAB 83 (1963), the ECAB stated:<br />

A statement <strong>of</strong> accepted facts is not a counterpart <strong>of</strong> a “stipulation <strong>of</strong> facts” between<br />

adversarial parties in court procedure. In the determination <strong>of</strong> facts in a claim for<br />

compensation, the [OWCP] is acting in its adjudicatory function as a trier <strong>of</strong> the facts.<br />

Given the variation in the factual events which occur in some compensation claims, the number <strong>of</strong><br />

issues to be resolved, and the differing courses <strong>of</strong> medical development, the CE will need to assess<br />

the relevance and validity <strong>of</strong> factual evidence and how it should be presented in the SOAF. While<br />

some elements will be common to all SOAFs, inclusion <strong>of</strong> others will depend on the issue to be<br />

resolved and the history <strong>of</strong> the injury. The SOAFs prepared in psychological/emotional stress<br />

claims are inherently different from all other types.<br />

b. The SOAF provides the physician a framework from which to formulate an opinion regarding<br />

a particular medical issue or question. It allows the physician to place the medical questions posed<br />

in the larger context <strong>of</strong> the mechanism <strong>of</strong> injury, the requirements <strong>of</strong> the claimant's job, or the<br />

conditions which prevailed in the workplace. It may also provide the physician with a chronology<br />

<strong>of</strong> events after the injury.<br />

c. The SOAF is also the means by which factual findings are separated from medical findings<br />

and opinions. This separation <strong>of</strong> functions is aimed at seeing that the CE does not inadvertently<br />

make medical decisions. Similarly, properly written SOAFs demonstrate to physicians what OWCP<br />

has accepted as factual; clear factual findings are aimed at preventing physicians from making<br />

erroneous factual assumptions about the case, which could undermine their medical conclusions.<br />

d. In certain circumstances SOAFs are required, and in other situations the CE may elect to<br />

prepare them:<br />

(1) All issues requiring a medical opinion for resolution, except for<br />

those which do not depend on the facts <strong>of</strong> the claim, should have SOAFs. For example, a<br />

request for surgery for repair <strong>of</strong> a broken bone where causal relationship is not an issue<br />

would not necessarily require a SOAF. Issues commonly referred for medical opinion where<br />

a SOAF may be required or useful include causal relationship, extent and duration <strong>of</strong><br />

disability, percentage <strong>of</strong> impairment, and appropriateness <strong>of</strong> care.<br />

(2) To assist an attending physician in formulating a well-founded medical opinion, the<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 307

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