Printing - FECA-PT2 - National Association of Letter Carriers

2-1400 Exhibit 6: Sample Notice of Decision--Insufficient Evidence
NOTICE OF DECISION
File Number:
Employee:
Issue: The issue is whether the proposed reduction of your compensation benefits should be made final.
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: On March 21, 1996, you were notified of the proposed reduction of compensation to reflect
your wage-earning capacity as a Mechanical Drafter. The contents of that Notice are incorporated by
reference. You were given 30 days to submit additional relevant evidence or argument if you disagreed
with the proposed action.
Discussion of Evidence: In response, you submitted a report dated March 28, 1996 from Dr. Thomas
Goff, an orthopedist, stating that you were totally disabled from performing gainful employment. Dr. Goff
gave a brief history of injury, recited your complaints of pain and inability to work, and concluded that
based on these complaints you were obviously incapable of employment. The report does not reflect a
thorough examination of you. It recites your complaints without providing any objective findings to
support either those complaints or the physician's conclusion that you are totally disabled.
Basis for Decision: The report of Dr. Goff is of diminished probative value in that he is not a
board-certified orthopedist and his opinion is not supported by medical findings showing that you are
totally disabled. The weight of the medical evidence is represented by the reports of Dr. Esther Parks,
your attending physician. The weight of the medical evidence establishes that you are partially disabled
and capable of performing the duties of a Mechanical Drafter.
Conclusion: It is recommended that the proposed reduction of your compensation benefits be made final
effective May 4, 1996 for the reason that the weight of the medical evidence establishes that the position
of Drafter, Mechanical, is medically and vocationally suitable in accordance with the factors set forth in 5
U.S.C. 8115(a).
CLAIMS EXAMINER
DATE
2-1400 Exhibit 7: Sample Letter Conveying Final Notice of Reduction
FECA-PT2 Printed: 06/08/2010 635