Ulsl DEPARYMENT OF LABOR OF woanns' COMP PROGRAMS Po BOX 2300 1A SEA LONDON, KY 4074273300 Viidne (206) 47073100 Eeptemper 26, 2016 Dave Employee 5. ALBERT Nanci or PROPOSED Dear r. ALBERT: We are writing in regards the accepted condiridns on your claim, As part pftne adjudication of your cumpensarlan claim, it was necessary for our :0 review we nierirs oi the acceptance divour subseq uenuondiricns. A comprehensive reView oi your claim demonsrrales [hall/our claim her MILD PERSISTENT (14530) and OTHER ACUTE AND SUEACUYE DUE lo GASES, FUMES AND vAvoRs (1CD101583lwere accepred based on rnsulirclenrsd ppomng docdmanxarldn Thereiore under the provisions ai the Federal Emplwees' Compensarion Act (5 0.5 c. 8101 user>>) and me program's regulaadns (20 R. 10.1 etseq.) we propose rescind ma acceptance of mesa conditions The basis for decl'sl'oi'l is r'crund in the Fl'ndl'ng DI Fact dated 09/25/2016. ll you disagree (his proposed acrlon, you musrsubmir evidence or ared Tlent, in wrl'nng, ro this Office within 30 days of ma dare cl lenar, We will nor {er Is your claim aenalirs 30 day period, alrer which we will rake further action based upun the eviderim l'n your rile. sincerely, Francis Lzu Ed Duran claims Examiner Senlcr claims Examiner DEPARTMENT OF THE l'rAW COMMANDER us PACIFIC FlEET-sHvaAiiDs 1400 FARRAGUT AVENUE, STOP 2070 BREMERTON, wA 95314 CATHV OWCP EMPLOVEE ADVOCATE PO Box 443 EREMERTDN, WA 93337 If you have a dlsanlliry (a substantially physical or mental impairment), please ccnracl our examiner rar Infunnaflon adorn the kinds ofhelp avaflable. such as communication aaclsranca (alrarnara lorrnau drargn language inlerprelauorl), and modlfidauona September 26, 2016 FINDINGS or FACT IN m: CASE or KEVIN SALBERT CLAIM NUMBER 146073815 Seprerriber 25, 2016 ISSUE: The issue so be respived is wnerner the evidence or record is suriicienl to eslenlisn (her she ciairnani suflered ASTHMA, UNCOMPLICATED (14530] and OTHER ACUTE AND SUBACUTE DUE To GASES, FUMES AND (1CD101553ias a resuit or working in the perrorrnance nfduw, resuiring in a cinim [or medical compensation benefiis. and wnemer rrie acceptance oi this condition should be rescinded BACKGROUND: _d are empiayed asasuperyisorrorinured Workers at rne FugerSound iiayaiyard in Bremevlon, Wasningron You liied a nmeiy claim ror arl accupalimai disease on 05/21/2010 developed pulmonary disease as a resulror induslriai exposure ro KOXIL cnemicais you were a rreaimenr pianr operaror supervisor prim becoming SupeNisur (or injured Workers in November or 2313 V04 rerurned co the on 07/21/2015 Vou are curremiy in receiplaf medical and compensation penelils lor (or you dry. Beginningon 08/12/2016 and cant uing, we received your claim lorcornpensarion lor remporary mtai disapriiry youv CA7 cannol be paid at (his lime and are pending deyelopmenr. DISCUSSION or EVIDENCE: Previnus'y on 02/02/2016, you aoended an onice direcied second opinion exam ati'un wirn Dr Alan Barker, a puirrioriciiugi'st In his repurx, Dr. Barker opined, "No respiramiv dlagnasi's can b2 made 'he medi'rai than maritio'ls Concern about "bronchus," and reacrive airway disease, or asthma He has trier might be Concer'lirigior puropiecriye evaluari'ons rnciuoing my own are nor conlirrnarory. Vlrmaliy eyery pnysical exami'mrion or me onesr, lritiudi'rigtoday menrions no respirarory limirarion and no evidence oi wheeli'ug, i rind one pnysieai eraminaiion (5/6/2014) out or many rnar rnenrioned mild wheezing Muiripie pulmonary runcrion srudies daring pack almost 3 years are emireiy norm-3i A diagnosis oiasnma cannot be rendzled background 67 nf nay fever miglnr pur him or . Regarding nis work, rie undouprediy lias nad exposure lo cnemloals rnar have suong odors mar would be nodoed It is possible ma: nis coughing rias occasionally exacernared py eprsure to these odor causing chemicals, our rhere is no impairmenrar damage, Mosror rnese cnemieais wuuid usually cause or nasal Imtalion, or sk ri lesions, none or wnien naye peen descriped or need on any pnysicai ekarriinariori, oyerali, rne work exposure plays no role in this man," Dr, aarkei opired rnar the BIrt-Hogg-Dube is a congenirai disorder and is not reiated to your work environment. trie obiecrive discussed in detail Dr. Barker iirrniy conciuded (halyau do nor have a diagnosis or asthma, Dr Barker concluded that me diagnoses regardingyour pulmonary condirions were slated in Ms assessment a reactive airway disease, or rsacfive airway dysruncrion 3 Dr aarker proirided irie loilowing, "His prognosis is excellent, He is raking innaied corricosrerdid am a long-acring bera agonisi.ii1o nor see any rndicarion (or inose medicarions. He could adnrinue rne as needed aloulerol, airnougn i am nor sure rnaris necessary He iscurrenrly nor working in me warer lrearmenrracilicy and me nores indioare no plans so rerurn to irar area." Dr. Baker also indicared inacyou suliered no residual damages, and more is no work related restrictions are required in your currenr durlas. A copy :51 Dr, Baker's reporr is enclosed ror your perusal. September 26, 2016 in cases where the medicai issue IS the current extent 0' disamiity, the opinion oi Dr Barker, a weiiequalili'ed in puimcnuiogy. who was provided with the appropriate medieai retards sortained in the case as weii as :he SOAF, he have a sutiicient history to render a weilrreaso'ied opinion regarding the extent or dtsabtiity toiiowing his examination or the ai'flanr. Aiso, the vaiLe nfthe opinion increaseswhen the physician reports and detaiied examination and test results Opinions rot supported by modicai findings or showing cuisoiy examina:ions carry iittie weigh' A review of the evidence in fiie shows that there are no updated physicians'opi'nions me which has a weilrieasoried opinion expiaining how the asthma curdiliun and the reactive airway disease were caused by your walk eriirironrnent. RECOMMENDATION: Si'rice there was no explaria as to the recentiy diagnosed asthma eon .tion (14530) to be work reiated, and noniedieai diagnosis at rea airway disorder assay, it is recommended that the Office rescind the acceptance at PERSISTENT UNCOMPUCATED {14530) and 01th ACUTE AND SUEACUTE RESP RATORV DLE TO chrMIcAts, GASES, FUMES AND VAPURS (1553) as a resuit or periormance oi duty. Francis tau Ed Dorn ciatms Examiner Seniorciaims anmi'rrer