FECA Benefit Termination: Attending Physician's Opinion Matters

1. TIP OF THE WEEK - May 05, 2014 Questions: Does OWCP have to obtain a SECOP or IME report in order to terminate FECA benefits on the basis that the employee has no residuals related to his/her accepted work-related condition? Scenario: Employee was injured in 2002. OWCP initially paid compensation based on TTD and issued and LWEC in 2004. In 2013 OWCP issued a Notice of Proposed determination based on the medical evidence provided by his treating physician indicating could work eight hours per day without restrictions. The employee wrote OWCP and “related that he continued to experience pain in his low back which worsened with activity and lessened with rest and medication. He requested a second opinion on his low back condition.” By decision dated September 9, 2013, OWCP terminated appellant’s compensation after finding that the opinion of his AP represented the weight of the evidence and established that he had no further disability due to his employment injury.

2. Answer: • In this case the answer is “No”. • A SECOP/IME is not needed to terminate benefits if the attending physician has provided sufficient rationalized medical evidence that is based on a proper factual and medical background. • In this case the Board held that OWCP properly terminated appellant’s compensation based on the opinion of his attending physician. • The board further noted that the AP “had a thorough knowledge of appellant’s condition;… therefore, his opinion was probative on the issue of whether appellant had any further disability due to his employment injury.” Reference: http://www.dol.gov/ecab/decisions/2014/Mar/13-2144.htm#_ftn4 If you have a question or topic for Tip of the Week, contact your District 6 Liaison, Jacksonville, FL