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Printing - FECA-PT2 - National Association of Letter Carriers

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2-0806 Exhibit 3: Sample <strong>Letter</strong> to Employing Agency--Asbestosis<br />

Dear EMPLOYING AGENCY REPRESENTATIVE:<br />

I am writing in reference to the claim for benefits under the Federal Employees' Compensation Act (<strong>FECA</strong>)<br />

filed by the above-named employee for an asbestos-related illness. We have reviewed the Form CA-2 and<br />

all accompanying information. We need the following additional information from you to determine<br />

whether the employee is eligible for benefits.<br />

1. Provide comments from a knowledgeable supervisor on the accuracy <strong>of</strong> all statements provided by<br />

the employee relative to this claim. Does the agency concur with the employee's statement? If there are<br />

points <strong>of</strong> disagreement, please explain fully and provide any supporting evidence.<br />

2. If the claimant is still employed by your agency, provide results <strong>of</strong> air sampling, reported in units <strong>of</strong><br />

fiber/cc time weighted average. If the claimant's employment terminated more than three months in the<br />

past, provide estimates <strong>of</strong> the limits <strong>of</strong> exposure during the periods <strong>of</strong> employment for each job held. Also<br />

report concentrations <strong>of</strong> other pollutants and chemicals.<br />

If the nature and extent <strong>of</strong> exposure are not documented by actual air sample results, describe the<br />

exposure using the attached "Asbestos Exposure Summary" form.<br />

3. Give the date the employee was last exposed to asbestos at work. If the employee was removed<br />

from exposure, give the circumstances.<br />

4. Provide copies <strong>of</strong> the employee's job sheet, employment record, and SF-171.<br />

5. Provide the position description with physical requirements for the last job held.<br />

6. Provide the most recent SF-50, Notification <strong>of</strong> Personnel Action.<br />

7. Provide a copy <strong>of</strong> pertinent dispensary records, including all laboratory test results and X-ray<br />

records from previous examinations or health screening program, as well as reports on any examinations<br />

or treatment given by the agency.<br />

8. Describe safety regulations and protective devices used by the employee, with period and<br />

frequency <strong>of</strong> use.<br />

9. [FREE FLOW IF DESIRED]<br />

Title 20 CFR 10.102(b) provides that, in the absence <strong>of</strong> a full reply from the agency, we may accept the<br />

claimant's allegations as factual. Your assistance in ensuring that all requested information is provided to<br />

OWCP within 30 days is appreciated.<br />

If clarification <strong>of</strong> any portion <strong>of</strong> this request is required, or if you cannot provide any requested<br />

information, please contact us immediately. Thank you for your assistance.<br />

Sincerely,<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 239

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