File Number: 14-320904 Injury date 2/25/1993
File Number: A14-104239 Injury date 9/16/1975

Robert F. Farmer
411 Pinewood Dr, N.E.
Bremerton, WA 98310
SSN: xxx-xx-xxxx
360-373-5136
March 19, 2004 

Scott Hmelo, Senior Claims Examiner
U.S. DEPARTMENT OF LABOR
Employment Standards Administration
Office of Workers' Compensation Programs
PO BOX 8300 - DIST 14, SEATTLE
Seattle/DFEC Central Mail Room
London, KY 40742-8300
Telephone: (206) 378-8100
Fax: (206) 398-8151

Re: MEMORANDUM TO THE DIRECTOR IN THE CASE OF ROBERT FARMER 
FILE # 14-320904 Date: 03/19/2003

Dear Scott Hmelo

I request reconsideration of my claim based on the following:

Typographical errors in the March 19, 2003 decision make it difficult for me understand. I request they be corrected. I have an OCR'ed copy of your letter attached that show what I believe are typographical errors. The words valve, casual, and excepts are what I believe the major typographical errors. 

A review of the records previously sent to my representative of record on February 4, 2003 show that there are several pages in my file that did not belong in my records. They are from the file of Dale Waffle of the Department of Veterans Affairs VA Facility, AZ. The number sequence on the back of each page is from 000221 to 000246. I request they be purged from my records. This was a distraction to my previous requests for reconsideration and was mentioned in the June 10, 2001 letter by the District Director to me via Senator Patty Murray, Senator Maria Cantwell, and Representative Norm Dicks. I made the same request to remove the Dale Waffle records in my recent letter to the District Director on March 9, 2004. In the March 15, 2004 reply letter, the District Director did not mention or affirm this request.

I received partial files of my OWCP record stamped dated February 23, 2004 and March 3, 2004.The OWCP files for A14-104239 Injury date 9/16/1975 were not included even though I have made two requests. I request that a copy be found and sent to me. My last request for these records was to District Director, Doris A Carender on March 9, 2004.

From the National Personnel Records Center, on March 13, 2004, I received a copy of my personal and medical folders with a cover letter dated March 9, 2004. 

In these records I found no "Statement of Accepted Facts" for claim 14-320904. I request a copy to submit to my medical doctors for a rationalized medical opinion. This is inferred in the following:

Burden of Proof: FECA Procedure Manual Excerpt -- Occupational Illness Claims 
The Office's procedures relative to the development of occupational illness claims state that for the Office to undertake development of the medical evidence, the claimant should submit some medical evidence which states a diagnosis and supports causal relationship. It need not be rationalized. FECA Procedure Manual, Chapter -806-7 

The evidence required, however, is only that necessary to convince the adjudicator that the conclusion drawn is rational, sound, and logical. It is not necessary that the evidence be so conclusive as to suggest causal connection beyond all possible doubt in the mind of a medical scientist. Shirloyn J. Holmes, 39 ECAB ___ (1988); Lowell Spicer, 39 ECAB ___ (1988).

Proceedings under the Act are not adversarial in nature nor is the Office a disinterested arbiter. While the claimant has the burden to establish entitlement to compensation, the Office shares the responsibility in the development of the evidence, particularly when such evidence is of the character normally obtained from the employing establishment or other governmental source. Debbie J. Hobbs, 43 ECAB ___ (1991) [Docket No. 91-0150, issued October 18]; Mary A. Geary, 43 ECAB ___ (1991) [Docket No. 91-435, issued December 10]; Jimmy B. Copeland, 43 ECAB ___ (1991) [Docket No. 91-845, issued December 18]; Monroe Fears, 43 ECAB ___ (1992) [Docket No. 91-1401, issued March 24]; Richard Kendall, 43 ECAB ___ (1992) [Docket No. 91-1270, issued May 26]. 

I submit my Occupational History Record dated 9/5/1979 that also included notes by the employer, one dated 9/12/1984, as new information not previously submitted for my claim. I request that this be considered in an official "Statement of Accepted Facts". I received this record from National Personnel Records Center on March 13, 2004.

Dr. Dabe's 01/21/2003 letter referred to studies that were specific to my claim that exposure to benzene is causal to my leukemia. There are many scientific medical studies show that exposure to benzene is causal to my leukemia. Dr Dabe cited only a couple of them to make his medical opinion have probative value. 

Dr Dabe used the same work history of exposures that I have in my records to make his medical opinion. I provided him with a copy. I request a copy the OWCP official "Statement of Accepted Facts" to submit for a new medical opinion. 

On May 22 1978, I worked next to a nuclear incident on the USS Puffer that was a spill of primary nuclear reactor cooling fluid contaminated with cobalt 60. I discovered this through a social contact with a former RADCON monitor, Bill Clymer that was on job at the time of the incident. A large contaminated area of the dry dock was removed with jackhammers and sent away to the Hanford repository. This incident was not made public to the employees that may have received exposure. My office window overlooked this dry-dock. I was not warned, protected, or monitored with dosimeters or film badges. I request this be considered in a "Statement of Accepted Facts" for my claim. Exposures to nuclear radiation are causal to my leukemia. This may be part of the reason there is an extremely high incidence of leukemia among the workers of Puget Sound Naval Shipyard.

I request that, in addition to the above requests, the following documents also be considerer in the OWCP investigation and inquiry to develop a "Statement of Accepted Facts" for my claim:

10/14/1993 Investigation of air exposures from PSNS Naval Hospital
07/28/1993 Work related toxic exposures from PSNS, David Krogh C/290.32
07/27/1993 Work related toxic exposures from PSNS, James R. Wryzeski , C/981
03/16/1993 Indoors air quality Investigation, Bldg 455, Shop 02 from Naval Hospital, N. A. Davenport
02/18/1993 Indoors air quality Investigation, Bldg 455, Shop 02 from Naval Hospital, N. A. Davenport
06/17/1992 Investigation of air exposures from PSNS Naval Hospital
09/25/1991 Re-Roofing of Building 455 from IFPTE President, Jim Adrian
10/31/1989 Building 455 Ventilation from Director, OSH Office (Code 106) R. A. Kieffer 06/15/1989 PSNS Hazard report (cigarette smoking) from PSNS Commanding Officer
05/18/1990 PSNS Hazard report (cigarette smoking) from Robert F. Farmer
03/29/1989 PSNS Hazard report (cigarette smoking) from PSNS Occupational Health Officer
02/14/1989 PSNS Hazard report (cigarette smoking) from Robert F. Farmer
02/28/1986 Investigation of air exposures from PSNS Naval Hospital

My workplace exposures to many toxic agents that also included benzene components occurred over all of the years of my employment. They were part of the normal work environment. In my duties as a shop steward I processed many grievances and complaints about workplace hazards including toxic exposures. These grievances and complaints were often responded to with stiff objections and harassment. Shipyard workers were expected to not complain. 

Mental health

Chronic stress has a causal relationship to disease. 

I have a reoccurrence of acute depressive neurosis (A14-104239 Injury date 9/16/1975) that has become chronic. 

For this condition my treating doctors have prescribed medication. I have been prescribed Amitriptyline, which is a medication for depression, and Lorazepam, which is a medication for anxiety. 

These conditions have persisted for a number of years and were present while working in 1975 and 1993-1994 when I was prescribed Amitriptyline and Lorazepam.

My work place stress, hostile work place environment, frequents exposures to toxic agents; harassment including verbal threats and one psychical assault with injuries are causal to the anxiety and depression I continue to suffer. 

Puget Sound Navel Shipyard was often a hostile work place: On August 6, 1969 a co-worker assaulted me. When I attempted to help this co-worker, who was working next to me, cleanup a mercury spill he caused I was kicked in the left lower leg. I was disabled for about two weeks but suffered anxiety much longer. This co-worker was noted for his violent behavior and around the same period injured other workers the same. No law enforcement was ever involved even though we suffered injuries and were treated by the shipyard dispensary. I filed a CA-1 form for my leg injuries. A copy is in my medical records.

Puget Sound Naval Shipyard provided psychotherapy for work related stress during the period of 1989-1991. I received this psychotherapy while at Puget Sound Naval Shipyard during my normal work shift. Louann Morris through Employee Assistance provided this psychotherapy. I believe she was contract mental health professional and not a shipyard employee. Because of the sensitive nature of this I have no records. It does not appear in any of my records and maybe a special file within the Puget Sound Naval Shipyard Employee Assistance office. My supervisor Dean Cook was also involved. There was a special arrangement to keep this very private.

During the period of 1989-1991, my anxiety and depression caused me to be unable to complete my duties. My office was very noisy and disruptive by the behavior of other workers. My workday was full as a lead technician for the Naval Tactical Data Systems refurbishment project but many of my co-workers around me often had no or little work. There was also much tension between the production shop (Shop 67) that I often work in and my office (Combat Systems) that was very difficult for me to manage especially with my anxiety and depression.

The record is clear that I have a psychiatric predisposition to depression and anxiety which first appeared in 1975 and continued thru 1991 to the present. I have been on continuous depression and anxiety medication. The accepted condition of claim File Number: A14-104239 Injury date 9/16/1975 reoccurred in 1991 and has never been cured. The proof of that is my present physicians prescribing depression and anxiety medication. Since this was an accepted condition the Office cannot deny my claim without specific contrary medical analysis of the accepted condition.

Sincerely 

Robert F. Farmer