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Printing - FECA-PT2 - National Association of Letter Carriers

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or medical condition. The omission <strong>of</strong> a critical fact diminishes the validity <strong>of</strong> a medical<br />

opinion or decision as much as an incorrect statement. Avoiding selective inclusion <strong>of</strong> facts<br />

in the SOAF prevents a perception <strong>of</strong> bias and maintains neutrality and objectivity in the<br />

management <strong>of</strong> the case.<br />

(3) Facts should be presented in a chronological order so the reviewer can visualize the<br />

sequence <strong>of</strong> events.<br />

(4) Whenever possible, workplace factors should be quantified so the physician can<br />

correlate the exposure with medical or scientific data on causality. Examples <strong>of</strong> quantifiable<br />

factual elements include:<br />

(a) Period and length <strong>of</strong> exposure<br />

(b) Decibel levels <strong>of</strong> exposure<br />

(c) Concentration <strong>of</strong> asbestos fibers and other noxious substances<br />

in the air<br />

(d) Weight and size <strong>of</strong> objects lifted<br />

(e) Number <strong>of</strong> times a repetitive task is performed<br />

(f) Frequency and type <strong>of</strong> workplace confrontations or encounters<br />

A medical opinion based on an accurate SOAF has enhanced probative value, whereas an<br />

opinion based on incorrect or incomplete facts is <strong>of</strong> diminished value.<br />

See T.G., Docket No. 07-2231 (issued June 2, 2008). ECAB held that the physician’s<br />

report was not entitled to the special weight <strong>of</strong> the medical opinion evidence because<br />

it was based on an inaccurate statement <strong>of</strong> accepted facts.<br />

See also A.C., Docket No. 07-2423 (issued May 15, 2008). ECAB held that the<br />

statement <strong>of</strong> accepted facts did not accurately reflect the conditions the OWCP<br />

accepted as employment related and, therefore, the physician’s report was <strong>of</strong><br />

diminished probative value and insufficient to resolve the conflict in medical opinion.<br />

Vague or generic terms such as light, heavy, undue, severe, irregular and abnormal are to<br />

be avoided, since they are subject to great differences <strong>of</strong> interpretation.<br />

(5) Facts should be clearly stated. Simple words and direct statements reduce the<br />

potential for ambiguity or misinterpretation. Use <strong>of</strong> legal terms and Government jargon<br />

should be avoided, since they are unfamiliar to external case reviewers. The SOAF should<br />

present a vivid picture <strong>of</strong> the circumstances <strong>of</strong> a claim so the reader will clearly understand<br />

them.<br />

(6) Facts should be stated in a positive voice whenever possible. The CE should identify<br />

facts in terms <strong>of</strong> what can be verified, rather than what has not been, or cannot be,<br />

determined. For example, a SOAF should include specific language indicating “The<br />

employee lifted ten widgets,” rather than “The employee lifted less than twenty widgets.”<br />

b. Length <strong>of</strong> SOAF. The length will vary depending on the issues to be resolved and the facts<br />

<strong>of</strong> the case. The test is whether the SOAF covers all material facts in sufficient detail to provide<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 310

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