Claim for Leukemia and 
Chromosomal Injury

This is my second leukemia claim - file dated October 21, 1996. It was combined with my first claim File Number: A14-282174; March 21, 1993 by OWCP hearing decision dated January 17, 2001.

File Number: 14-320904; October 21, 1996

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

The appeal of of the July 25, 1997 decision and oral hearing.

Oral hearing decision - November 10, 1999

Hearing Representative Rachel Leiton dated 11-10-1999 determined my claim did meet the guidelines for timeliness.

Significant text from the decision: "As a result of such hearing, it has been determined that the decision issued by the District Office should be vacated and the case remanded to the district office for further action as explained in the enclosed copy of the Hearing Representative's Decision."

Response from the Seattle OWCP Office dated 1-4-2000

Significant text from this letter: "Your claim that you have the condition of leukemia related to effects of electro magnetic radiation and any other exposures prior to February 25, 1993 remains denied under case file A14-282174."

Seattle OWCP decision - March 29, 2000

The Seattle OWCP Senior Claims Examiner overruled  the Oral hearing decision dated 11-10-1999  that my claim did meet the guidelines for timeliness. It disputes that I worked to April 7, 1994. In fact, I was on the job a few times giving turnover information to employees that took over my job, submitting leave slips, doing paper work for my disability annuity, and processing out up until April 1994.

Oral Hearing decision - January 17, 2001

Oral hearing decision by Hearing Representative James M. Bankert, dated 1-17-2001 (The decision of the Office of Worker's Compensation Programs dated March 29, 2000 is hereby AFFIRMED) This reversed the last Oral Hearing decision dated 11-10-1999 that my claim did meet the guidelines for timeliness.

I thank Senator Patty Murray,  Senator Maria Cantwell, and Representative Norm Dicks for their caring investigation. Senator Maria Cantwell was particularly compassionate and good at responding to my needs. I now have several options and appreciate the outcome of their efforts. 

OWCP decision 1-23-2002

OWCP decision 1-23-2002  - Seattle OWCP Senior Claims Examiner, Kenneth J. Dowdell finally accepted my claim as timely but denied it for causal relationship.

"It is determined, after a review of the case on its merits, that the decision of 01/17/2001 be modified to establish that the claim is denied for causal relationship."

The medical evidence in file, however, does not support a causal relationship between his limited exposure to exhaust fumes from 03/21/93- 02/19/1994 and his diagnosed condition of leukemia.

His opinions regarding the claimant's exposures to radiation, Benzene, and other substances are equivocal and therefore not an opinion of reasonable medical certainty.

This letter is also deficient in that it does not relate the claimant's leukemia to his exposure to vehicle exhaust from 03/21/93- 02/19/94, the work exposure covered under this claim.

In the Decision - by Hearing Representative James M. Bankert, dated 1-17-2001, the addendum combined both of my claims as one.

ADDENDUM: It is noted that in filing the present claim, the claimant indicated that he had "new information" since the original claim. However, "new information" does not constitute a basis for filing a new compensation claim, and the present claim is in fact a duplicate of the original March 21, 1993 claim. Based on either the "new evidence" or his belief that he was mentally or physically incapable of filing a timely appeal of the January 10, 1994 decision, the claimant may file a request for reconsideration of the original claim with the District Office.

February 2, 2002 Post Card - This is a notice of a new mailing address and a new case number for claim. This explains why some of my letters to OWCP have not been answered since November 2001.

Request for reconsideration of OWCP 1-23-02 decision
With the help of the Bremerton office of Congressman Norm Dicks,  I submitted a request for reconsideration and submitted new information as follows:

OWCP decision 3-19-2003

OWCP did not modified the 1-23-2002 decision. 

"The claim was reviewed on its merits and the evidence submitted in support of the application is not sufficient to warrant modification of the prior decision, dated 01/23/2002, for the reason that the claimant failed to establish his claim was casually related to his employment factors."


With the help of the Bremerton office of Congressman Norm Dicks,  I submitted a request for reconsideration and submitted new information.

 OWCP decision 5-4-2004

OWCP denied my 3-19-2004 request for reconsideration and closed all future requests for reconsideration. 

ECAB decision 2-2-2006

ECAB ordered that the decision of the Office of Workers' Compensation Programs dated May 4, 2004 is set aside and the case remanded for further action consistent with this order of the Board.

Follow up on remanded claim per the ECAB decision above

Request oral hearing 4-13-2006

 

OWCP decision 3-7-2007

Action: Request reconsideration before 3-7-2008. I have hyperlinked the text of the last decision to facilitate the appeal.

 

I welcome your comments and suggestions.
Bob Farmer
Email -  robert.farmer@comcast.net
Homepage - http://oc.itgo.com

Last Updated on 02/26/08