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EEOICPA - Oak Ridge

On Monday, June 3, 2002 a meeting was held in Oak Ridge to
discuss the shortcomings of the Energy Employees
Occupational Illness Compensation Plan Act . This plan
was enacted almost a year ago to provide compensation
and medical benefits for those made ill in the
production of America's nuclear arsenal. The very fact
that the meeting was necessary provided both a warning
sign and a chance to correct the shortcomings of this
important Act. Comments and testimonies were little
different from the DOE Public Meetings held two years
ago.

The details of where the EEOICPA falls short are well
documented through a number of sources, including the
government agencies which put the package together.
Citizen comments from the Public Meetings of 2000, the
Thompson Senate hearings of March 2000, the National
Economics Council report of March 2000, Workers'
Compensation hearings in Columbus, Ohio in May 2000,
> and scores of written comments point out the
inadequacies. Labor unions, such as PACE, the
Machinists' Union (IAM), AFL-CIO, and others have
> presented workable routes to resolution. Professional
organizations, such as the Physicians for Social
Responsibility have provided input. All follow
> a common thread: the EEOICPA, in its present form, is
inadequate, and will cover only a small minority of
deserving claimants. I have collected several thousand
pages of supporting documents which verify these
opinions.

We are faced with two challenges: one, to make the
present plan work as well as possible, and two, to
expand both coverage and benefits.

The present plan has shown resolution for a small
percentage of claimants. However, even Special Cohort
Cancer and Chronic Beryllium Disease claimants
have been denied or delayed, when their cases were
obvious, documented, and within the guidelines of the
Act. Other sites are experiencing similar problems. I
became personally involved in establishing communication
with the powers involved, and resolving some of the
stalled cases late last year. I will give much credit to
our local office, and the Director of the Jacksonville
regional office, in helping resolve some of these cases.
> However, the extremes taken by these claimants should
have been unnecessary. It took requesting Congressional
intervention, input from several medical experts,
support of a number of the DOE team which helped develop
the bill, my request for Contempt of Congress
proceedings against the Department of Labor's
Adjudication Board, and almost a year of frustration to
reach this point. If this "most-provable" of the
illnesses meets these kinds of obstacles, claimants with
other illnesses will never live to see resolution. The
original, "as likely as not caused by the workplace",
intent of the EEOICPA must be followed.

As a Chronic Beryllium Disease victim, I do not feel
fortunate as a qualifier for this compensation. This is
not a lottery prize. I have devastated my attendance
record at work, cannot make even short-term plans
> for family or social events, see my own health
worsening, and wonder about the future. However, I do
not feel I, or any other person or group, should
qualify, while others, who may have even worse health
conditions, do not. All sites, and all illnesses,
should receive equal compensation. Testing should be
made available for every employee or former employee who
believes his or her condition is work-related. Special
aid should be provided to those who are seeking
survivors' benefits, and may have little to no
> knowledge of a deceased spouse or parent's work
exposures. I am emphatically opposed to writing everyone
who drove by one of these sites a check, but if the
claimant reaches the "as likely as not" qualifier, then
> the compensation should be theirs. We all know State
Workers' comp will not work in these cases, I have no
discussion here. Neither will dose reconstruction, in
its present form, records, classification, and time will
prevent it.

It is being said that this is another program which was
designed to fail. I truly hope this is not the case, and
through further Congressional action, justice will
prevail. One speaker at the meeting rightly compared the
EEOICPA to the environmental laws of the 1970's, which
were a good first effort, but had to be revised to work
properly. The Cold War veterans deserve no less.

Glenn Bell
Beryllium Victims Alliance
504 Michigan Ave.
Oak Ridge, TN 37830
865-482-7641

 

 

 

 

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