DEPARTMENT OF THE NAVY
PUGET SOUND NAVAL SHIPYARD
1400 FARRAGUT AVENUE
BREMERTON, WASHINGTON 98314-5001

IN REPLY REFER T0
12810
1116/2267 
14 Nov 2000

U.S. Department of Labor
Employment Standards Administration
Office of Workers' Compensation Programs
Division of Federal Employees' Compensation
Attn: James M. Bankert, Hearing Representative
P.O. Box37117
Washington, DC 20013-7117

RE: Farmer, Robert F. (140320904)

Dear Mr. Bankert:

The issue at hand at the hearing of October 25 appears to be whether Mr. Farmer's claim was filed timely.

In the hearing, the claimant provided testimony that he had come in to work on several occasions after September 1993 - to give turnover to his successor on projects, to attend a ceremony for an award resulting from a Beneficial Suggestion, to be examined by the Branch Clinic Naval Hospital in support of his application for disability retirement and, after his disability retirement had been approved, to "check out" He was unable to provide dates of his attendance at work and indicated that he thought he had been in a leave status during the times that he returned to the Shipyard. He was also unable to recall the locations in the Shipyard where most of these visits occurred.

Although Mr. Farmer's devotion to duty is admirable, there is no requirement that an employee on terminal leave (pending disability retirement) return to the work site at any time. The times that Mr. Farmer indicates he returned to the Shipyard were not required by Shipyard management or regulations. Certainly, his visits to the Shipyard to assist in turnover, his receipt of an award and even his attendance at the physical examination at the Naval Hospital were optional. Most "check outs" from the Shipyard after approval of disability retirement are done by mail The "check out" involves turning in keys and other administrative functions which are easily accomplished by mail.

I have enclosed a copy of his supervisor's statement of disability dated February 9, 1994 in which the supervisor states that no efforts had been made to accommodate the Mr. Farmer as "his bone marrow transplant has left him unable to spend any time here." The statement also shows that he had used 750 hours of sick leave at that time.

Since Mr. Farmer's presence in the Shipyard after September 1993 was of a voluntary and personal nature and not in the performance of his assigned duties, I respectfully request that the District Office that his claim was not filed in a timely manner be affirmed.

Sincerely,

GLORIA DUMAS 
Injury Compensation Program Administrator
Human Resources Office

cc:
Robert F. Farmer
411 Pinewood Dr. NE
Bremerton, WA 983 10

Richard A. Ketter
1344 NE McWilliams Rd.
Bremerton, WA 98311