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f. Conclusion. Where the decision is prepared for the signature of the SrCE, the CE should
provide a specific recommendation for action. Where the CE has signature authority, he or she
should state the conclusion reached.
(1) The recommendation or conclusion should usually not exceed one or two sentences
for each issue considered. Again, if more than one issue is involved, subparagraphs should
be used to identify each issue separately [e.g., (1), (2), etc.]
(2) The content and scope of the statement(s) should correspond with those given under
"Statement of Issue". That is, each issue identified at the beginning of the decision must be
addressed at the end.
(3) The CE should note the effective date of the disallowance if necessary. For instance,
if periodic benefits are being terminated, some time may elapse between the date of the
medical evidence establishing that disability ceased and the date of the decision. To avoid
creating an overpayment, the CE may specify the end of the next periodic roll cycle as the
date on which entitlement ceases.
g. Signature and Date. The CE's or SrCE's name and title should appear at the end of the
decision, along with the date. The CE or SrCE should sign the original decision.
2-1400-5 How to Write Notices of Decision.
How to Write Notices of Decision. This paragraph addresses the contents of a notice of decision and how
the material should be presented. The decision is a legal document which serves as the basis for further
actions in the claim, including appeals, and it must therefore be technically accurate. The decision is also
an explanation of the disallowance to individuals who are usually not expert in workers' compensation
matters, and it must therefore also be clearly written.
a. Evaluating the Evidence. The CE should observe the following guidelines in preparing
findings of fact:
(1) Consider all of the evidence which bears on the issue at hand. It may be useful to
list all pertinent documents in file before starting to write.
5. How to Write Notices of Decision. (Continued)
(a) Acknowledge the existence of evidence which lacks probative value but omit it
from the discussion.
(b) Disregard all evidence not pertinent to the issue and any evidence which has
been correctly summarized in previous memorandums.
(2) Make findings from the evidence. The finding of fact is the conclusion drawn from
the evidence, not a recitation of that evidence.
(a) For example, a proper finding would be that "the claimant is not disabled for
work as a result of the injury," not "the medical report shows that the claimant's
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