01.03.2013 Views

Printing - FECA-PT2 - National Association of Letter Carriers

Printing - FECA-PT2 - National Association of Letter Carriers

Printing - FECA-PT2 - National Association of Letter Carriers

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

situation where ten days earlier the claimant had developed knee pain after playing basketball <strong>of</strong>f<br />

the job. In this situation, the physician's opinion relating the cartilage tear to the work injury,<br />

even with explanation or rationale, will not have much value or weight since it is not based on all<br />

pertinent facts.<br />

When two physicians give reasoned but differing opinions concerning causal relationship and one<br />

physician's opinion is based on inaccurate or incomplete factual or medical background, the opinion<br />

based on accurate factual or medical history has more probative value.<br />

e. Consistency with Physical Findings. A well-reasoned medical opinion must be consistent<br />

with the findings upon examination. For example, a physician might state that a claimant has a<br />

back sprain causally related to a work injury 10 years ago without citing physical findings to<br />

support this conclusion. The physician explains that the claimant's injury is causally related to the<br />

past injury because prior to the incident the claimant had no complaints <strong>of</strong> back pain, whereas<br />

since the injury he or she has continued to complain <strong>of</strong> back pain. An "explanation" such as this,<br />

not supported by physical findings, will not constitute well-rationalized medical opinion. The ECAB<br />

has affirmed cases where benefits have been denied because there is no objective medical<br />

evidence <strong>of</strong> disability (Thomas D. Petrylak, 39 ECAB 276.)<br />

f. Comprehensiveness. A comprehensive report is one which reflects that all testing and<br />

analysis necessary to support the physician's final conclusions were performed. An opinion based<br />

on a cursory or incomplete examination will have less value compared to an opinion based on a<br />

more complete evaluation. The ECAB has remanded cases where a physician has indicated that<br />

further testing or evaluation is necessary to resolve an issue and the OWCP has not arranged for<br />

the required testing or evaluation.<br />

g. Equivocalness. Opinions which can be characterized as equivocal, speculative or conjectural<br />

are those which contain language which is unclear or vague. Terms such as "could," "may," or<br />

"might be" indicate that the report is equivocal, speculative or conjectural and has less probative<br />

value compared to positively expressed medical opinions. The term "probably" is less speculative,<br />

and should be viewed in the context <strong>of</strong> the rest <strong>of</strong> the medical report and the factual evidence.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 325

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!