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Printing - FECA-PT2 - National Association of Letter Carriers

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Service. On 03/14/2003, the claimant was injured when a book case shelf fell striking him on the right<br />

side <strong>of</strong> his head and his neck. A closed head injury and cervical herniated disc were accepted as work<br />

related. To date, the claimant has not returned to work.<br />

Discussion <strong>of</strong> Evidence:<br />

The most recent medical evidence on file from the attending physician, Dr. Smith, is dated 08/11/2008<br />

and states that the claimant continues to suffer from cervical disc disorder and headaches and remains<br />

unable to work in any capacity.<br />

The case was referred for a second opinion examination. The claimant saw Dr. James, a neurologist, on<br />

11/05/09 to determine whether the accepted work-related conditions remain active, present, and<br />

disabling. Prior to the appointment, the physician was provided with a copy <strong>of</strong> the medical records on file,<br />

a Statement <strong>of</strong> Accepted Facts, and specific questions to answer. Dr. James opined that the claimant has<br />

cervical disc disorder due to the injury and is not be able to work. He further noted that no improvement<br />

is expected.<br />

Basis for Decision:<br />

Dr. James provided a comprehensive opinion based on a complete examination and an accurate history <strong>of</strong><br />

the work injury, as well as objective findings and a discussion <strong>of</strong> his medical opinion. Dr. James’ report is<br />

probative and well-reasoned and supports his opinion that the claimant remains totally disabled.<br />

Conclusion:<br />

Since the medical evidence in file supports ongoing entitlement to total disability benefits, the Disability<br />

Management Tracking record will be coded PCR for no entitlement change.<br />

___________________<br />

Claims Examiner<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 403

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