U. S. Department of Labor
Employment Standards Administration office of Workers Compensation Programs
800 North Capitol St. NW, Rm. 800
Washington, DC 20211
(202) 724-0568
 
File Number: A14-282174
JAN 10 1994
Date of Injury: 02/25/93
Employee: Robert F. Farmer
 
Dear Mr. Farmer:
 
Your claim for compensation benefits has been disallowed for the reason stated in the enclosed copy of the compensation order. The decision was based on all evidence of record and on the assumption that all available evidence has been submitted. If you disagree with the decision, you may follow any one of the courses of action outlined on the attached appeal rights.
 
Further medical treatment at OWCP expense is not authorized and prior authorization, if any, is hereby terminated.
 
Under Office of Personnel Management (OPM) regulations, an employee who recovers from a compensable injury within one year is entitled to mandatory job restoration and is expected to apply for work with the employing Federal agency immediately upon recovery. Employees who recover more than one year after the injury are entitled to priority consideration, provided they apply for reemployment within 30 days after compensation ceases. You may obtain further information concerning restoration rights from your agency or any OPM area office (if you are a postal employee, contact your local personnel office). You should also contact your former employing agency or OPM for advice on continuing any health insurance and/or life insurance coverage.
 
 
Sincerely,
 
DEBORAH K. HUNT
 
Senior Claims Examiner {CA1042}
 
Enclosures: Compensation Order with Appeal Rights Memorandum to the Director
 
DEPARTMENT OF THE NAVY FILE
 
NAVAL SEA SYSTEMS COMMAND
 
PUGET SOUND NAVAL SHIPYARD
 
EMPLOYEE SVCS DIV CODE 165 122
BREMERTON, WA 98314
 
U.S. Department of Labor
Employment Standards Administration
Office of Workers' Compensation Programs
Division of Federal Employees' Compensation
Room 800
800 North Capitol Street, N.W
Washington, D.C. 20211
 
January 10, 1994
 
File Number
 
MEMORANDUM TO: THE DIRECTOR
 
FROM: Deborah K. Hunt
SENIOR CLAIMS EXAMINER
 
SUBJECT: A14-282174, Robert F. Farmer
 
The question for determination is whether or not an injury1 was sustained by the claimant prior to February 25, 1993.
 
A timely claim for compensation was filed by the claimant, a present or former employee of the federal government, for an alleged injury of February 25, 1993. In order for further consideration to be given under the Federal Employees' Compensation Act, the evidence must demonstrate that 1) specific events, incidents or exposures occurred at the times, places, and in the manners alleged, and 2) a medical condition was proximately caused by the accepted incidents or exposures.
 
The evidence of file supports the fact that the claimed events, incidents or exposures occurred at the times, places and in the manners alleged. However, a medical condition resulting from the accepted trauma or exposure is not supported by the medical evidence of file. Therefore, an injury within the meaning of the FECA is not demonstrated.
 
The only medical report submitted with this claim was that dated June 11, 1993 by Dr. Irwin Dabe, an oncologist. This report was addressed to Mr. Farmer's employers This report gives the patient's clinical history from February 22, 1993; describes the physician's treatment plan, and the patient's prognosis. This report does not give a history of injury or provide reasoned medical opinion regarding the relationship of the leukemia to the alleged work factors.
 
The claimant was advised of this deficiency in the claim, and afforded the opportunity to provide supportive evidence. As of this date, evidence sufficient to support that the claimant sustained an injury has not been received.2
 
As the claimant has not provided evidence sufficient to support fact of injury, the case is denied on that basis.
 
 
1Section 8101 of the Federal Employees' Compensation Act states that the term "injury" includes, in addition to injury by accident, a disease proximately caused by the employment.
 
2In an occupational disease claim, a claimant has failed to establish fact of injury where the claimant has not submitted medical opinion explaining how and in what manner employment factors inflicted injury.