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TIP OF THE WEEK - May 26 , 2014

TIP OF THE WEEK - May 26 , 2014. If an IW fails to cooperate with a FCE, can he/she remedy that deficiency by cooperating with a later FCE? *Question and response provided by Ralph Slighter, ICUC Deputy Chief. ANSWER:.

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TIP OF THE WEEK - May 26 , 2014

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  1. TIP OF THE WEEK - May 26 , 2014 If an IW fails to cooperate with a FCE, can he/she remedy that deficiency by cooperating with a later FCE? *Question and response provided by Ralph Slighter, ICUC Deputy Chief

  2. ANSWER: • The answer to the question regarding whether your cooperation changes the decision depends on what period was addressed by the decision. • In the scenario below; ECAB said no and affirmed OWCP decision suspending appellant’s compensation benefits, pursuant to 5 U.S.C. § 8123(d), based on her obstruction of the medical examination. • SCENARIO: • A claimant went to a FCE in May of 2011: “the examination was terminated because she did not attempt any of the protocols due to fear of re-injury.” • She went to a second FCE in July of 2011: “she did not fully cooperate as she provided magnified responses and complaints during the necessary testing, which were not supported by physiological changes in her body.” • She went to a third FCE in March of 2013:’ appellant “gave a reliable effort upon testing.” • For more details read the ECAB decision at the link provided below. • Reference: ECAB: http://www.dol.gov/ecab/decisions/2014/Apr/13-1461.htm If you have a question or topic for Tip of the Week, contact your District 6 Liaison, Jacksonville, FL

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