File Number: 140320904
FF-O

U.S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
OFFICE OF WORKERS' COMPENSATION PROGRAMS
PO BOX 8300 - DIST 14 SEATTLE
LONDON KY 40742-8300
Phone: (206) 398-8100

July 13, 2004

Date of Injury: 02/25/1993
Employee: Robert Farmer

The Honorable Norm Dicks
Member, United States House of Representatives
500 Pacific Avenue, Suite 301
Bremerton, WA 98337

ATTN: Paula Blake

Dear Congressman Dicks:

Thank you for your letter dated June 28, 2004 concerning the compensation claim of Mr. Robert F. Farmer.

In his letter of June 24, 2004 Mr. Farmer made two requests. He requests a corrected version of the March 19, 2004 decision and a merit review of his case file.

We will not reissue the decision of March 19, 2003. As the Senior Claims Examiner indicated in the decision of May 4, 2004, Mr. Farmer understood the decision despite the typographical errors, and exercised his avenues of appeal. We have subsequently issued a new decision.

Mr. Farmer needs to exercise his avenues of appeal if he disagrees with the decision of May 4, 2004 or the earlier decision of March 19, 2003. He must identify which decision he is appealing and which avenue of appeal he is exercising. He may appeal the May 4, 2004 decision to the Employees' Compensation Appeals Board. The Board will determine if the office was arbitrary and capricious in not opening the case record for a merit review. He may request reconsideration of the March 19, 2003 decision. Because the request is not timely Mr. Farmer must submit clear evidence of error on the part of the office at the time of the March 19, 2003 decision. This is a very hard standard to meet.

I have requested injury number 14-0104239 be retrieved from Federal Records Center. Upon return of the case to this office a copy will be made for Mr. Farmer.

There is no Statement of Accepted Facts (SOAF) in Mr. Farmer's case record. A SOAF is prepared at the time a case is accepted or when we have referred an injured worker for a medical evaluation. Neither of these have occurred in Mr. Farmer's case.

If we can be of further assistance, please do not hesitate to contact us at the telephone number above. Our main mailing address has changed to the address at the top of this letter. This change does not affect correspondence that you send to us. Please continue to send inquiries to us at: OWCP/DFEC, District 14, 1111 Third Avenue, Suite 650, Seattle, WA 98101-3211.

Sincerely,

Barbara C. McDonald
Communications Specialist