Research Notes

ECAB Reinstates Benefits for Air Marshall

In a January 13, 2012 decision, the ECAB reversed the termination of a Federal Air Marshall’s benefits, finding that the District Office had failed to meet its burden of proving that his condition had resolved on the basis of video surveillance and an independent medical examination. The ECAB found that the Office’s second opinion examiner did not offer sufficient rationale for changing his medical opinion after reviewing the video surveillance.

 

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