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2-1400 Exhibit 3: Sample Notice of Proposed Reduction
NOTICE OF PROPOSED DECISION
File Number:
Employee:
Issue: The issue is whether you remain totally disabled, and if not, whether the position of Mechanical
Drafter is medically and vocationally suitable for you.
Requirements for Entitlement: For you to be entitled to continuing compensation payments, the medical
evidence in your case must establish that you continue to be totally disabled from performing all work due
to your work injury, and not some other medical condition. Compensation for total disability is not
payable when the claimant is capable of performing gainful work according to the factors set forth in
section 8115(a) of the Federal Employees' Compensation Act.
Background: You sustained multiple fractures on October 27, 1989 when you fell from a scaffold while
performing your duties as a Welder for the Pacific Naval Shipyard in North Bay, Oregon. You have
received periodic compensation payments for temporary total disability since continuation of pay ended.
Discussion of Evidence: In a report of examination dated July 26, 1995, Dr. Mark Dwyer, an orthopedist
who had treated you since your injury, stated that you were partially disabled as a result of the
employment injury. However, Dr. Dwyer referred you to Dr. Esther Parks, a Board-certified orthopedist,
for further evaluation.
You then submitted a report dated September 12, 1995, from Dr. Edward Lyon. In this report, Dr. Lyon
stated that he had treated you since August 7, 1995, and opined that you were still totally disabled as a
result of your work-related injury. However, Dr. Lyon's opinion contained no objective findings or medical
reasons for his statements.
In a report dated September 17, 1995, Dr. Parks stated that she had fully examined you, that she agreed
with Dr. Dwyer's assessment, and that you were capable of performing employment with restrictions
against standing more than four hours per day and lifting over 25 pounds. The Pacific Naval Shipyard
advised that it had no work which you could perform given the restrictions imposed.
You were then referred for vocational rehabilitation services. The Rehabilitation Counselor assigned to
your case reported that you had experience in drafting and used blueprints in your work as a Welder.
You had also taken two mechanical drafting courses of eight weeks' duration each (two nights per week)
while working as a Welder.
Basis for Decision: The Rehabilitation Counselor worked with you to secure employment as an entry-level
Mechanical Drafter. However, you did not obtain employment at the companies to which you applied. In
a final report dated February 4, 1996, the Rehabilitation Counselor advised that you had not obtained
employment as a Mechanical Drafter but that you qualified for and could perform this work. The
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