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

 

July 25, 1997

 

FILE NUMBER: 140320904

DATE OF INJURY: 02/25/1993

EMPLOYEE: ROBERT FARMER

 

Dear Mr. Farmer:

 

NOTICE OF DECISION

 

Your claim for compensation has been denied as it did not meet the guidelines for timeliness, as required by the Federal Employees’ Compensation Act.

 

A compensation claim was filed by you, Robert F. Farmer, a retired Electronics Technician for the Department of the Navy, Puget Sound Naval Shipyard. You were claiming that you were exposed to environmental toxins which caused you to develop chronic myelogenous leukemia.

 

The Federal Employees' Compensation Act provides that an original claim for compensation must be filed within 3 years of the date of injury, or date of awareness of a relationship between the condition and employment, unless the immediate superior had actual knowledge of the injury within 30 days.

 

The claimed injury occurred on February 25, 1993. Written notice of injury/claim for compensation was given on October 21, 1996. However, you were aware of a possible relationship between the employment and the claimed condition by March 21, 1993, the date you filed the original occupational disease claim for leukemia, which was subsequently denied. It should be noted that the initial claim for leukemia indicates that you first became aware of the condition on February 25, 1993 and you first realized that the condition was caused or aggravated by factors of your employment on February 25, 1993.

 

You were advised by letter dated January 30, 1997 to provide information regarding when you became aware that the condition might be related to factors of your Federal employment. You were also provided an opportunity to provide supportive evidence for your claim, which was detailed in the letter of January 30. This information was requested prior to the receipt of your prior claim for leukemia, which was filed on March 21, 1993.

 

Evidence received consisted of your written statement dated February 5, 1997 and two medical reports dated December 20, 1993 and January 24, 1994. This was not sufficient because as noted above, it was established upon receipt of your previous claim for leukemia, that your new occupational disease claim was not filed within three years from the date you first became aware that the condition may have been caused, aggravated or precipitated by factors of your Federal employment.

 

As of this date, evidence is insufficient to support that the claim was timely filed.

 

Therefore, based on these findings, your claim is denied as you have not met the requirements for establishing that your claim was filed in a timely manner. Medical treatment at OWCP's expense is not authorized and prior authorization, if any, is hereby terminated.

 

If you disagree with this decision you may pursue one of the courses of action listed on the enclosed sheet. Please be aware that there are time frames associated with exercising your appeal rights.

 

Sincerely,

 

Doris A. Carender

Supervisory Claims Examiner

 

DEPARTMENT OF THE NAVY

PUGET SOUND NAVAL SHIPYARD

CODE 1113 1

1400 FARRAGUT AVE

BREMERTON, WA 98314

Return to claim page