Printing - FECA-PT2 - National Association of Letter Carriers

whether disability is related to the employment injury; whether disability for the job held at
the time of injury continues; whether appropriate medical treatment is being given; and
whether the case should be expanded to include consequential conditions. If partial
disability is indicated,
the CE should determine whether the claimant's work limitations permit any employment.
If so, the CE should consider referring the case for vocational rehabilitation services (see
FECA PM 2-0813).
(2) If a medical report is not received within the specified time (30-60 days should be
considered reasonable) or is not responsive to the questions asked, the CE may write to the
physician for more information.
The CE may also direct the claimant to undergo an examination by a second opinion
specialist. If the CE determines that a conflict of opinion exists between the claimant's
attending physician and the second opinion specialist concerning the extent and
work-relatedness of disability, the conflict must be resolved by a referee specialist. The
OWCP should make an appointment for the examination. The notification to the claimant
should include the warning that under 5 U.S.C. 8123(d) benefits may be suspended for
failure to report for examination. Note that the sanctions outlined in Section 8123(d) may
be invoked only in connection with a specific appointment (see FECA PM 2-0810).
c. Changes in Medical Status. The CE should take action based on the weight of the medical
evidence as follows:
(1) Where injury-related disability has ceased, notify the claimant of proposed
termination of benefits (see FECA PM 2-1400). The OWCP has the burden of proof to justify
the termination of benefits by positive and specific evidence that injury-related disability has
ceased. The inadequacy or absence of a report in support of continuing benefits is not
sufficient to support termination.
(2) Where total disability has ceased but permanent residuals of the employment-related
injury remain, which prevent the employee from performing the regular duties of his or her
date of injury position, action should be taken to reemploy the individual through vocational
rehabilitation and placement with the previous employer. This would be followed by a loss
of wage-earning capacity decision if appropriate.
(3) Where the claimant has no earning capacity, prepare a memorandum to file for
certification by the SCE to establish placement in PN status. See Exhibit 1.
2-0812-7 Attendant Allowance
7. Attendant Allowance. As part of the medical review of the case, the CE should also determine
whether an attendant allowance is being paid, and if so, whether continuation of those payments is
appropriate.
FECA-PT2 Printed: 06/08/2010 381