Oak Ridge High School Class of 1966 - Latest News

The Energy Employees Compensation Act

By Nancy Snowden

Effective July 31, 2001, Amended October and December 2001, October 2004, and June 2005. Efforts continue yearly to correct the problems. The Energy Employees Compensation Act, EEOICPA, was first administered by the Dept. of Energy. After spending over 90 million---yes million dollars, DOE had approved 16 claims. The program was then placed under Dept. of Labor and though things have changed there are still some serious problems. The program is constantly undergoing revision of qualifying sites, toxins, illnesses and criteria for approval. Last year Y-12 was added to the Special Exposure Cohort Site list. Many Y-12 employees who had applied and had been turned down reapplied and were approved within 6 months. Oak Ridge Hospital was added as a covered site last year. Other sites are under consideration.

WHAT YOU NEED TO KNOW; If you or your parent have applied and been denied, reapply over and over again. Make the effort to obtain the records listed below before you apply. It will help you understand how the worker could have been exposed and answer the questions you will be asked in a way that will help your case. Submit records with the application to avoid delays; if you do not, you can spend up to a year going back and forth. After you submit, in about one month you will be asked to send something else. After you send that, six weeks later they want something else--you get the picture. Do not just apply-- educate yourself about this situation. There are several things you need to know that will give you a greater chance of success and can result in approval within a year. Believe it or not some people have been waiting 4 and 5 years for dose reconstruction. Wonder how much that cost us.

ILLNESSES COVERED Part B - Adult children qualify if spouse of worker is deceased, but the act limits coverage to certain cancers, beryllium disease and silica exposure. Cancers covered by the act include but are not limited to: Bile Duct, Bone, Brain, Breast (Male and Female), Carcinoid Tumors (Except of Appendix), Colon, Esophagus, Gallbladder, Kidney, Leukemia (Other than Chronic Lymphocytic), Liver (With certain exceptions), Lung, Multiple Myeloma, Myelofibrosis with myeloid metaplasia, Myelodysplastic Syndrome, Non-Hodgkin's Lymphoma, Ovary, Pancreas, Pharynx (Cricoid Cartilage), Polycythemia Rubra Vera, Polycythemia Vera (with Leukocytosis and thrombocytosis), Rectum, Salivary Gland, Small Intestine, Stomach, Thyroid, Tonsil, Ureter, and Urinary Bladder. Other cancers will be sent to NIOSH for processing even if not on this list. (List from Energy Employees Compensation Center, Jackson Plaza Office complex, Suite C-103, 800 Oak Ridge Turnpike, Oak Ridge, TN 37830).

WHAT THIS MEANS: Your chances are greatly improved and your claim will be processed faster if the worker has had one of the listed cancers. The Special Exposure Cohort (SEC) Facilities in Oak Ridge are K-25, Oak Ridge Institute for Nuclear Studies (Oak Ridge Institute for Science Education or ORISE), S-50 Thermal Diffusion Plant, and Y-12. If the worker was at one of the SEC facilities for about a year it will be assumed he was probably exposed to radioactive materials and will not have to prove exposure.

BERYLLIUM EXPOSURE: Beryllium Sensitivity is an immune system allergic reaction to the presence of beryllium in the body as a result of inhaling beryllium dust particles or fumes. Chronic Beryllium Disease or CBD is a progressive loss of lung function as a result of inhaling beryllium. Medical Criteria required for compensation under beryllium exposure: Diagnosis on or after Jan. 1,1993: One abnormal beryllium lymphocyte proliferation test (BeLPT) performed on blood or lung lavage cells with pathology consistent with CBD and one or more of the following: Lung biopsy showing granulomas or a lymphocytic process consistent with CBD, CAT scan showing changes consistent with CBD Pulmonary function, study or exercise tolerance test showing pulmonary deficits consistent with CBD. DIAGNOSES BEFORE JAN. 1, 1993: History or epidemiological evidence of exposure to beryllium and at least three of the following criteria: Characteristic chest X-ray or CAT scan, Restrictive or obstructive lung physiology, testing of diffusing lung capacity, defect Lung pathology consistent with CBD, Clinical course consistent with a chronic respiratory disorder, and Immunologic test showing beryllium sensitivity.

WHAT THIS MEANS: COPD AND OTHER RESPIRATORY CONDITIONS WILL PROBABLY QUALIFY CONSIDERING THE EXTENSIVE CONTAMINATION OF BERYLLIUM AT THE OAK RIDGE SITES. SITES CONTAMINATED WITH BERYLLIUM IN OAK RIDGE: Manufacturing Sciences Corporation - performed beryllium work for Los Alamosa. K-25 - throughout the course of is operations, the potential for beryllium exposure existed at this site due to beryllium use, residual contamination and decontamination activities. Buildings at K-25 where beryllium was used or stored are K-1401 Main machine shop, Jig & Fixture and basement, K-25 VAULTS, K-775 Old power house, K-724, K-1004 A,B,C,D & Labs, K-1006, K-1008-C  Respirator Cleaning, K-1015 Laundry, K-1025 C Storage Bldg, K-1035 Instrument shop, K-1036 A, K-1037, K-1058, K-1065-E, K-1070 A & B Burial Grounds, K-1098 E Old Heat Treating Facility, K-1220, K-1420, K-1407, K-1415, K-1417 Pond Sludge Handling, K-1419 CNF, K-1430, and K-1435 (Information on buildings from DOE East Tennessee Technology Park, Vol. I. Office of Oversight, Environment, Safety and Health).

X-10 - throughout the course of its operations, the potential for beryllium exposure existed at this site due to use, residual contamination and decontamination activities. S-50 Oak Ridge Thermal Diffusion Plant and Nuclear Energy for the Propulsion of Aircraft (NEPA) Fairchild Engine and Aircraft - Conducted a number of experiments with beryllium powder from 1946-1951. Y-12 - potential for beryllium exposure existed at this site throughout its operation. Above site information can be found at DOE site http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist/showfacility.cfm .

Since K-25, Oak Ridge Institute for Nuclear Studies (Oak Ridge Institute for Science Education), S-50, Y-12 are Special Exposure Cohort Facilities if worker worked at these sites for about a year, they will accept worker was exposed to beryllium without further proof.

PART E - Compensation under Part E does cover exposure to more toxic substances. It also covers more medical conditions; however, it limits eligible survivors to: Spouse, Children under age 18, Children under age 23 and a full time student, and Children any age incapable of self support AT THE TIME OF DEATH. The above link will take you to the SITE EXPOSURE MATRICE of DOL. Here you can look up toxins by DOE sites. You can also find established occupational illness linked to toxins. They also ask for your input on toxic material you or your parents have seen at these sites. Were they being handled in an appropriate manner?, ie: Oak Ridge Hospital 1943-1959: did you see asbestos at this facility (if you noticed the pipes that looked like cast and were in many buildings in Oak Ridge and elsewhere, then you are a witness to its presence)? Did you ever see construction, repairs or renovations of asbestos areas and were workers wearing respirators and protective uniforms. If so, you need to provide this information to DOL so they can accurately reflect the toxins in our area. By the way, Clinton Engineer Works on the site list is the City of Oak Ridge. Every one needs to input on this site.

WHAT YOU NEED TO KNOW: AS THE CHILD OF A DECEASED WORKER WITH NO LIVING SPOUSE, YOU MUST MEET SPECIFIC CIRCUMSTANCES TO QUALIFY UNDER PART E. MOST ADULT CHILDREN WILL ONLY QUALIFY UNDER PART B. YOU ARE GOING TO HAVE TO DO MORE WORK AND ESTABLISH SCIENTIFIC LINKS FROM TOXINS TO DISEASE. http://www.sem.dol.gov/index.cfm

SHOULD YOU APPLY? Yes - you will help establish medical problems in regards to this industry. We need a data base to help avoid problems in the future. If a parent had respiratory problems you need to look into Beryllium exposure. If parent had poor health, unexplained illnesses or early death, you need to find out what buildings he worked in and what he was exposed to in those buildings. Yes this information is available now, keep reading. If a parent had one of the following cancers you should qualify: Bile, Duct, Bone, Brain, Breast, Carcinoid Tumors, Colon, Esophagus, Gallbladder, Kidney, Leukemia - not Chronic Lymphocytic, Liver - with Exceptions, Multiple Myeloma, Myelofibrosis with myeloid metaplasia, Myelodysplastic Syndrome, Non-Hodgkin's Lymphon, Ovary, Pancreas, Pharynx (Cricoid Cartilage), Polycythemia Rubra Vera, Polycythemia Vera (with Leukocytosis and thrombocytosis), Rectum,Salivary Gland, Small Intestine, Stomach, Thyroid, Tonsil, Ureter, and Urinary Bladder. If worker had other types of cancer you still need to apply. I have heard that two new cancers have been added recently. The information you provide may expand this list of recognized cancers and workplace toxins. You may not be approved this year, but in the years to come.

INFORMATION YOU WILL NEED AND WHERE TO FIND IT: WORK RECORDS - SOCIAL SECURITY ADMINISTRATION. You will have to fill out a form in their office or online: Request for Social Security Earnings Information Form SSA-7050-F4 If anyone other than yourself you will need written permission, birth , death and or marriage certificates as appropriate. Online: www.socialsecurity.gov . You need to get #1 Detailed Earnings Information - it will list employees by year. There is a charge and will take about one month. WHY YOU NEED THIS: IT WILL HOPEFULLY PROVE WORKER’S EMPLOYMENT. DOE does not have records for many of the companies who were working here even though they were at the plants. Example: Fairchild Engineering in S-50. Unfortunately Social Security did not list employers in the early 1940s. It has caused some problems. What do you do if employment cannot be verified - sworn statements by friends and family will do. DEPT. OF ENERGY RECORDS. You can go online: www.oro.doe.gov . Public Activities FOYA/Privacy Act Frequently Requested Records. In Oak Ridge you can contact Amy Rothrock, Oak Ridge Operations Office 865-576-1215. You can ask Amy or go online to locate an office closer to you. There is a charge and will take about one month. WHY YOU NEED THIS: YOU WILL BE ABLE TO FIND VERY IMPORTANT INFORMATION IN THESE RECORDS - JOB TITLE, DEPT., GROUP, BUILDING WORKED IN, SUPERVISORS, VISITS TO THE MEDICAL DEPARTMENT, YEARLY PHYSICAL, ACCIDENT REPORTS, FBI CLEARANCE REPORTS AND MUCH MORE. It will verify employment at a qualified facility and at a Special Exposure Site facility. Once you know job title and building you can go to several sources to discover if the worker was exposed and to what. Believe it or not, you are going to be asked what the worker did, what was he exposed to and when. The sources listed below will help you find these answers.

SITE EXPOSURE DATA BASE: www.sem.dol.gov . There are over 100 sites listed nationwide. Be sure you have work history and check to see if the worker qualifies at another site - it may be Special Exposure and give you an advantage.

PACE UNION HALL: Tom Moser, Local Coordinator and Bruce Lawson, 133 Raleigh Road, Oak Ridge, TN 37830, 865-481-3395. They have a wealth of information on K-25, including sworn statements from members in regards to toxic exposures. They are very knowledgeable about other sites as well. If you know the worker’s job title and building, they can probably tell you what, if anything, he was exposed to and when.

OFFICE OF OVERSIGHT, ENVIRONMENT, SAFETY AND HEALTH: Independent Investigation of the East Tennessee Technology Park K-25, October 2000 List toxic exposure by building at K-25 and links to known medical conditions.

FRIENDS, FAMILY, NEIGHBORS, FORMER CO-WORKERS AND SUPERVISORS: Many times the information is simply not available any more because so much time has passed. Sworn statements by people in a position to know will do in many cases. People are more willing to provide you with this information now because they know you need it and they have been providing it for several years so do not hesitate to ask. Ask now. We are loosing the older workers every day.

MEDICAL RECORDS: Contact doctors, hospitals, clinics, etc. where worker was treated. You are going to have to show the worker had symptoms of conditions you claim. Sworn statements will sometimes do it.

APPLICATION FORM: CONTACT DONNA WALLACE, CASEWORKER, ENERGY EMPLOYEES COMPENSATION RESOURCE CENTER, JACKSON PLAZA, 800 OAK RIDGE TURNPIKE, SUITE C – 103, OAK RIDGE, TN 37830, Tel: 865-481-0411, Fax 865-481 8832, Toll Free 1-866-481-0411 or or.center@rr.ohio.com . If possible, do go the trouble to see Donna in person and let her fill out your application. She knows how to position the information.

If you take a month to get the information above, you will save yourself 6 months on your claim. If you contact any of the above, please tell them you were referred to them by me at the Class of 66 website. If you apply or have applied, please share your experiences with others in this news section.

Good Luck,

Nan