PRIVACY ACT MATERIAL REMOWnn

PART B

EMPLOYEES’ COMPENSATION
APPEALS BOARD CASES

Medical Evidence: Appellant had extensive medical examinations during 1966
and 1968. She also had psychiatric examinations in 1968 which revealed that
she has an emotional condition, but the examining psychiatrist did not relate it
to her employment.

(Nos. 47 - 49)
CASE NO. 47
In the Matter of

and Department of the Air Force
22 ECAB 5

T\'pe ofInjury: General Disability; Numbness
in Arms. Headache, Nervousness,
Backaches, Difficulty in Walking and Other Sympt
oms.
ECAB’s Decision: (1) BEC’s Denial on the ground
that claim was barred by
Statute of Limitations: Affirmed. (2) BEC’s Dental
of causal connection
between iil health and employment: Affirmed.
Date of Decision: 1970.

Appellant’s Allegations: That claim was timely filed and
that her ill health was
caused by exposure to radium during employment.

Facts: Appellant was employed as a mechanic’s helper
from January 25,1951
until May 26, 1952, when she resigned because of ill health.
More than 14

years later, on November 29, 1966 she wrote to the Bureau of
Employees’

Compensation requesting compensation benefits for disabili
ty beginning May
26, 1952 which she alleged was due to radiation exposur
e at the employing
establishment. Appellant alleged that she was exposed
to radium in handling
cleaning, and inspecting radium painted dials on instrum
ents and panel boards.
She stated that she thought she had a condition due to exposur
e to radiation at
work when she saw her personal physician on April 15,
1952 and complained
of numbness in the arms, headaches, nervousness, backach
es, difficulty in

walking and other symptoms. The doctor's records confirm appellan
t's April

15, 1952 visit. At that time she told him that a blood
test made at the
employing establishment indicated a reaction to radium, but that
she did not at
146

any time tell her supervisors that she believed that she had an injury due to
radiation exposure. The employing establishment’s files did not contain any
written notification prior to November 1966 in which appellant asserted an
employment injury due to radiation exposure. Her explanation for the delay in
filing a claim was that she was too ill and that the employing establishment did
not counsel her properly. She contended that the employing establishment
should have taken the necessary steps to assure her receipt of compensation
benefits.
The evidence established that the instrument and panel board dials were
coated with a clear lacquer or shellac and were in air-tight glass covered
containers, and that it was unlikely that radium painted dials were in use or
were processed at the employing establishment during the period of appellant’s
employment there.

ECAB’s Decision: The Board found that appellant's claim for disability was
barred by the 5-year time limitations provisions of 5 USC Sec. 8122, and it
said.

Under the time limitation provisions of the Act, a claim for disability
compensation is barred if it is not filed within 5 years after the injury.
The term “injury” includes a disease proximately caused by the
emptoyment.' In cases of disease, the statutury period for giving notice
of injury and filing a claim commences to run when the employeefirst
becomes aware, or reasonably should be aware, of the condition and its

possible relation to the employment.”

Fhe evidence in the record establishes that in April 1952 appellant
related her disabling condition to her employment. Under the
circumstances, the time for ptving notice of injury and filing a claim for
disability compensation began to run at that time. Appellant did not file
a claim until November 1966, more than 14 yearslater.
The S-year period prescribed by the Act for filing a claim is a
mandatory, maximum period which may not be waived by the Bureau or
the Board, regardless of the reasons underlying the failure to file on
time.> Knowledge of an employee's illness is not sufficient to satisfy the
notice requirements of 5 USC Sec. 8119, it must be shown that the
circumstances were such so as to put the immediate superior on notice
that the alleged illness or impairment was causally related to his

employment orthat he attributed it to his emptoyment.‘
5 USC § 8 OI(5).

2 Veston H. Casey, 9 ECAB 901; Gladys F. Skolnick, 13 ECAB 439; Kathleen T.
Liscum, 15 ECAB 348; Alvin FE, Hollister, 16 ECAB 617,

? Patricia A, Pembroke, 4 ECAB 648, Ralph M, Buckley, 7 ECAB 79; Marion A.

Cramer, 9 ECAB 900; Joseph L. Codella, 10 ECAB 578; Avelino L. Franco, 20 ECAB 14.

* Arthur L. Tucker, 1! ECAB 274; James W. Jeffrey, 16 ECAB 112; Luther E. Bates,
£6 FCAB 658; Kenneth A. Downey, 17 ECAB 693, Fred R. Walsh, 18 ECAB 96.

PRIVACY ACT MATERIAL REMOVED
Meme ee eee

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