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Printing - FECA-PT2 - National Association of Letter Carriers

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injury caused no disability for work."<br />

(b) A finding that claimant failed to meet the burden <strong>of</strong> pro<strong>of</strong> is properly made<br />

from the evidence, or lack <strong>of</strong> it, and not simply because the claimant did not respond<br />

to a request for information from the OWCP.<br />

(3) State the findings in an orderly sequence. Doing so will help ensure that the reason<br />

for disallowance follows logically from the facts. Chronological order is <strong>of</strong>ten most effective.<br />

For example, in discussing medical evidence leading to termination <strong>of</strong> benefits, the CE<br />

should address the evidence presented by the attending physician, the second opinion<br />

medical examiner, and the referee medical specialist, in that order as far as possible. It<br />

may then be necessary to discuss clarifying opinions or subsequent reports, but the basic<br />

findings and opinions <strong>of</strong> the three physicians will be clearly set forth, affording a firm basis<br />

for further discussion.<br />

(4) State the findings clearly. The CE should phrase the findings so that the reader can<br />

interpret them in only one way.<br />

For example, the finding that "the claimant did not sustain a personal injury while in the<br />

performance <strong>of</strong> duty" could mean either that he did not sustain a personal injury or that he<br />

was not in the performance <strong>of</strong> duty at the time <strong>of</strong> injury. Thus, the meaning would not be<br />

clear to the reader.<br />

(5) Confine the discussion to relevant issues. These are the issues which need<br />

resolution (i.e., which have not already been resolved in a prior decision).<br />

For example, if the issue is continuing injury-related disability, it is not necessary to make a<br />

finding about the claimant's ability to earn wages. The CE needs to make findings about the<br />

claimant's medical status only. Or, if the issue is continuing disability during a specific<br />

period <strong>of</strong> time, it is not necessary to address medical evidence which pertains to other time<br />

periods.<br />

b. Writing Effectively. The basic "audience" for each decision consists <strong>of</strong> the claimant and a<br />

supervisor or injury compensation specialist. It may also include the claimant's representative, a<br />

Congressional staff member, and/or appellate reviewers. To convey the meaning <strong>of</strong> the decision to<br />

all <strong>of</strong> these parties clearly, the CE should:<br />

(1) Use simple words and short sentences. Avoid technical terms and OWCP "jargon",<br />

and explain any abbreviations used in the text. This approach will assist readers at every<br />

level <strong>of</strong> education and knowledge about workers' compensation claims.<br />

(2) Use the active rather than the passive voice.<br />

For example, state that "The OWCP received the medical report," rather than "The medical<br />

report was received by OWCP."<br />

(3) Use the second person. For example, state that "Your psychiatrist diagnosed<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 615

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