Timely Referee Exam
Joined: 30 Sep 2011
Posted: 22 Mar 2012 at 8:33am
We have recently received a favorable decision from an ECAB ruling declaring the Referee Doctor was not properly selected.
OWCP has come out full bore. Scheduling a another Referee exam in two weeks based on the original 2nd opinion from May 21 2010. That 2nd opinion evaluation was nearly 2 years ago. 22 months to be exact. We have no objections to their Medical inquiries. In this 22 month time frame I have been declared Disabled by the OPM for the same conditions that the OWCP doctors had claimed I no longer experience. While we understand the need of the OWCP to seek 2nd opinions, it seems an abuse of the system to use a diagnosis that is nearly 2 years old.
In the original Termination of benefits both OWCP doctors agreed I had severe mental issues. They just found they weren't related to PTSD.
Contrary to the Termination ECAB as ruled
"When the question is whether compensability should be extended to a subsequent injury or aggravation related in some way to the primary injury, the rules that come into play are essentially based upon the concepts of direct and natural results and of claimant's own conduct as an independent intervening cause. The basic rule is that a subsequent injury, whether an aggravation or the original injury or a new and distinct injury, is compensable if it is the direct and natural result of a a compensable primary injury." Larson, supra note 5 at 10.02; Kathy A. Kelley 55 ECAB (Docket No. 03-1660, issued February 24, 2003)."
Thanks for any help
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