U.S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
OFFICE OF WORKERS' COMPENSATION PROGRAMS
1111 THIRD AVENUE-SUITE 650
SEATTLE WA 98101-3211
PHONE: (206) 553-5508
FAX: (206) 553-4629

December 2, 1992

A14-273881 
DOI: 9/16/1991 

Robert F. Farmer
411 Pinewood DR NE
Bremerton WA 98310

Dear Mr. Farmer:

The evidence of record does not establish that you are entitled to benefits under the Federal Employees' Compensation Act, et. seq., because you have not established that you sustained an occupational illness.

Further information regarding the facts and reasoning used to reach this determination is detailed in the enclosed copy of the Memorandum for the Director, dated December 2, 1992.

This letter is a formal decision in your case and is based upon the assumption that all-available evidence has been submitted. If you disagree; in part or, in whole, with the terms of this decision, you may follow any of the avenues of appeal listed in the attachment to this letter.

MEDICAL CARE AT OWCP EXPENSE IS NOT AUTHORIZED AND PRIOR AUTHORIZATION, IF ANY, IS HEREBY TERMINATED.


Sincerely,
MICKEY J. DAY
Senior Claims Examiner

ATTACHMENT/ENCLOSURE
cc 
DEPARTMENT OF THE NAVY
NAVAL SEA SYSTEMS COMMAND 
PUGET SOUND NAVAL SHIPYARD
EMPLOYEE SVCS DIV CODE 165 1
BREMERTON WA 98314

MEMORANDUM TO THE DIRECTOR IN THE CASE OF ROBERT F. FARMER, INJURY NUMBER A14-273881

ISSUE (S) TO BE RESOLVED:

THE ISSUE TO BE RESOLVED IS WHETHER THE CLAIMANT HAS SUBMITTED MEDICAL EVIDENCE NECESSARY TO SUBSTANTIATE THE FACT THAT HE SUSTAINED AN OCCUPATIONAL ILLNESS

DISCUSSION:

The claimant, born September 15, 1940, is employed as an Electronics Technician with the U.S. Navy in Bremerton, Washington.

On May 18, 1992 the claimant filed timely written notice of an occupational injury stating that exposure to exhaust and welding fumes in his building caused him to have headaches, sinus infections, nausea, diarrhea, stress and eye irritation. A typewritten statement signed by the claimant and dated May 29, 1992 was submitted with the claim.

A medical report dated May 27, 1992 was received by this office on June 27, 1992 containing a diagnosis of maxillary sinusitis. The report states that the attending physician, Dr. Robert Beeson, is unable to determine the etiology of the claimant's condition. No employment factors are mentioned in this report.

An air sample survey was obtain from the employing agency which state that the claimant was exposed to vehicle exhaust, welding fumes and particulates not otherwise classified. The degree of the exposure is "light" which is defined as "Airborne concentrations estimated to have been less than the permissible exposure limit but greater than those found in non industrial areas.

By letter dated September 11, 1992, 'the claimant was informed that additional factual and medical information was needed in order to substantiate his claim and advised to submit specific medical and factual information within 21 days

Mr. Farmer responded to this letter by submitting a copy of the statement submitted with the claim and no additional factual or medical information.

By letter dated October 29, 1992, the claimant was given an additional 20 days to submit the factual and medical information requested in the September 11, 1992 letter.

To date no additional medical or factual information has been received.

To establish that an injury was sustained in the performance of duty in an occupational disease claim, a claimant must submit the following: (1) medical evidence establishing the presence or existence of the disease or condition for which compensation is claimed; (2) a factual statement identifying employment factors alleged to have caused or contributed to the presence or occurrence of the disease or condition; and (3) medical evidence establishing that the employment factors identified by the claimant were the proximate cause of the condition for which compensation is claimed, or, stated differently, medical evidence establishing that the diagnosed condition is causally related to the employment factors identified by the claimant. The medical evidence required to establish a causal relationship, generally, is rationalized medical opinion evidence. Rationalized medical opinion evidence is medical evidence which includes a physician's opinion on the issue of whether there is a causal relationship between the claimant's diagnosed condition and the implicated employment factors. The opinion of the physician must be based upon a complete factual and medical background of the claimant, must be one of reasonable medical certainty, and must be supported by medical rationale explaining the nature of the relationship between the diagnosed condition and the specific employment factors identified by the claimant. Lucrecia M. Nielsen, 42 ECAB __ (Docket No. 90-1539, issued April 16, 1991); Kathleen D. Walker, 42 ECAB __ (Docket No. 91-0006, issued April 19, 1991); Samuel F. Mangin, Jr., 42 ECAB __ (Docket No. 91-0083, issued May 20, 1991); Ernest J. LeBreux, 42 ECAB __ (Docket No. 91-0531, issued June 27, 1991); Mildred D. Thomas, 42 ECAB __ (Docket No. 90-1829, issued September 18, 1991); Kenneth E. Schwindt, 42 ECAB __ (Docket No. 91-0844, issued September 20, 1991).

In this case the claimant failed to provide both factual and medical information needed to establish this claim.

RECOMMENDATION:
It is recommended that this claim be denied because the claimant has failed to submit factual and medical information necessary to substantiate the fact that he sustained an occupational illness.

OLGA CLEMENTS 
Claims Examiner 
December 2, 1992