Today we’re talking about a common challenge: when an OWCP second opinion (SECOP) doctor gives an opinion you disagree with, leaves key questions unanswered, or when the claims examiner misinterprets the report.

You don’t have to accept incomplete or unclear medical evidence. There are established procedures under the FECA Act, the DFEC Procedure Manual, and related guidance that allow you (or your treating physician) to push for clarification through a supplemental report. Let’s walk through the steps.

Section 1: When a Supplemental Report Makes Sense

OWCP often refers claimants for a second opinion exam (authorized by 5 U.S.C. §8123) to clarify the accepted condition, disability status, work capacity, treatment needs, or other issues.

Common scenarios where a supplemental report is appropriate:

The report is equivocal, lacks sufficient rationale, or fails to address the specific medical questions posed.

It contains incomplete information or overlooks key records.

The claims examiner (CE) appears to misinterpret the findings.

New evidence from your treating physician creates a need for the second opinion doctor to review and respond.

For more information click on the show's transcript...

The podcaster is Dr. Stephen Taylor, OWCP medical-legal consultant & DOL expert for Oberheiden Law Firm. Dr. Taylor’s contact email information is:

fedcompconsultants@protonmail If you need a medical provider or assistance with an OWCP / DOL claim in Pensacola, Tampa or Jacksonville Florida you can make an appointment to see Dr. Taylor at the clinic at FWC Medical Centers or check out the webiste at fedcompconsultants.com To make a consultation with Dr. Taylor call the clinic at 813-215-4356 in Florida.

For responses email Dr. Taylor at fedcompconsultants@protonmail.com

For responses email Dr. Taylor at fedcompconsultants@protonmail.com

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What Is the Bruner Presumption?

Facing a potential adverse action due to a medical issue as a federal employee can be incredibly difficult and stressful. However, a powerful but often underutilized tool — the Bruner Presumption — can significantly strengthen your FERS disability retirement application if you understand the ins and outs of this tool in your disability application.

Stemming from the 1993 Federal Circuit case Bruner v. OPM, this presumption kicks in when your agency takes an adverse action (like removal or termination) based on your medical inability to perform the essential functions of your job.

The Game-Changer: Burden Shifting

Normally, you carry the full burden of proving to OPM that you’re disabled and unable to do your job. But with the Bruner Presumption, your agency’s own action becomes prima facie evidence of disability. This shifts the burden from you proving your disability to the agency along with OPM must now produce their evidence to disprove your entitlement. It’s a major strategic advantage.

For more information click on the show's transcript...

For more information on this topic click on the show transcript...

The podcaster is Dr. Stephen Taylor, OWCP medical-legal consultant & DOL expert for Oberheiden Law Firm. Dr. Taylor’s contact email information is:

fedcompconsultants@protonmail If you need a medical provider or assistance with an OWCP / DOL claim in Pensacola, Tampa or Jacksonville Florida you can make an appointment to see Dr. Taylor at the clinic at FWC Medical Centers or check out the webiste at fedcompconsultants.com To make a consultation with Dr. Taylor call the clinic at 813-215-4356 in Florida.

For responses email Dr. Taylor at fedcompconsultants@protonmail.com

Support the show

For responses email Dr. Taylor at fedcompconsultants@protonmail.com

Support the show

FEEDSPOT TOP 10 National Workers Compensation Podcast:

https://podcast.feedspot.com/workers_compensation_podcasts/?feedid=5557942&_src=f2_featured_email

This episode is an emailer asking a question and being answered in the podcast episode. The scenario the emailer presented for an injured federal employee is the following:

An injured worker came in her OWCP doctor's office for an urgent care visit appointment due to her shoulder being in severe pain and cannot raise it. This shoulder injury is an accepted condition and she is on modified duty. She has been working 8 hours with restrictions but today has been removed from work for 5 days. In circumstances like this, would she file a CA-2A for recurrence of disability? My second question would be, if a patient is removed from work due to worsening of an injury whether it be 2 days or 30 days, is a CA-2A filed?

Great question: Here is what the FECA ACT says about this …

(DFEC) FECA Part 1 Chapter 1-0400 Sub-sec: 9

A Recurrence of Disability is a work stoppage caused by:

1. A return or increase of disability due to a consequential injury (defined as one which occurs due to weakness or impairment caused by a work-related injury);

2. Withdrawal of a specific duty assignment when the employee cannot perform the full duties of the regular or limited duty position.

For more information on this topic click on the show transcript...

The podcaster is Dr. Stephen Taylor, OWCP medical-legal consultant & DOL expert for Oberheiden Law Firm. Dr. Taylor’s contact email information is:

fedcompconsultants@protonmail If you need a medical provider or assistance with an OWCP / DOL claim in Pensacola Florida you can make an appointment to see Dr. Taylor at the clinic at FWC Medical Centers or check out the webiste at fedcompconsultants.com To make a consultation with Dr. Taylor call the clinic at 813-215-4356 in Florida.

For responses email Dr. Taylor at fedcompconsultants@protonmail.com

Support the show

FEEDSPOT TOP #1 Federal Workers Compensation Podcast & #6 National Workers Compensation Podcast:

For responses email Dr. Taylor at fedcompconsultants@protonmail.com

Support the show

FEEDSPOT TOP 10 National Workers Compensation Podcast:

https://podcast.feedspot.com/workers_compensation_podcasts/?feedid=5557942&_src=f2_featured_email