Betreff: Proj Z, Z-1, Kelley...amyloidosis....re Manhattan Proj Amyloidosis post 11-03-05 |
Von: JCMPelican@aol.com |
Datum: Sat, 4 Aug 2007 01:42:02 EDT |
[ Post re
amyloidosis.....File: Project Z, Z-1, Kelley/necropsy -
Reactive Renal Amyloidosis....emphasis below by joanne
c. mueller - 8-04-07 ] The Manhattan Project
Heritage Preservation Association, Inc. Message Forum: 11/03/05
at 10:39 PM |
11-03-05 My
late husand worded at Oak Ridge and Portsmouth in the 1982-1983 years.He was a
Mechanical Engineer on the Gaseous Diffusion Team and was trained in Oak Ridge,
and then sent to Portsmouth, Ohio.
He became ill with a disease ,which after 2 years of searching and ending up at
Shands Medical Center in Gainesville, Florida and at Mayo Clinic in Minnesota
in 1985, was diagnosed as amyloidosis.
In 2001 I found the RECA website because I had been searching for any
information on the disease. He had told me and the (numerous) doctors when we
went to them, that he had been taken by his boss to areas and he had been exposed
to the chemicals , (radiation, yellow cake, hot
spots) and was never told to wear his protective clothing.
In the last 3-4 years I have spent digging into each and every website I can
think of in search of any information on amyloidosis.
At the time the HREX website was available on the internet and after I had
searched thru thousands of pages, there were several documents about the
disease when the test animals had been autopsied that mentioned the animals had
amyloidosis.
As luck would have it, I printed out the documents
that gave proof that as
early as in the 1950's the test animals which had been exposed to radioactive
chemicals were found to have amyloidosis.
I have given that along with other documents from research centers, court
records of cases tried in the UK where the Veterans had been exposed to
radiation in the earlier wars, , Veterans who had served in Vietnam and
was exposed to Agent Orange plus other chemicals, had the same disease.
I sent all this information to the EEOICPA, then to the DOE, and now to the
Part E. The last place which is for part E, I sent in July 2005.
I am searching for any one else who could have had the disease. It has
been proved by Medical and Research Centers to be related to Multiple Myeloma.
I have tried to explain to the EEOiCPA, DOL, DOE, that he had this disease in
1983-1987. Only 300 cases were known about in that time and the doctors said
nothing was known about it, and nothing could cure it. He
lived from 11-85, to 1-87, after his diagnosis.
He had all the symptoms that are described in the research centers, ORNL,etc.
in which he had severe sunburn sensation on his lower torso, gradually covering
his complete body, digestive, heart, respiratory systems.
I would like to emphasize that it took 2 years for them to diagnose him(from
1983 to 1985) and it still in 2005 takes the medical centers 2 years to
diagnose the same disease.
It is an invisible and silent disease. If you ask the
people who have the disease, or the widows,widowers, children of the people who
have died from the disease , they will tell you "everyone thought it was
in my hesd"
My husband had never been sick other than a cold or headache. He didnot
take medication other than an aspirin.
And he was not crazy.
I also sent this document that was for a Guard that was at the Paducah Gaseous
Plant, who had the same disease.
I have separated the information about them recognizing the amyloidosis as
related to myeloma with *******'s.
THIS THE THE CASE OF THE GUARD AT PADUCAH.
The original of this document contains information which is subject to
withholding from
disclosure under 5 U.S.C. 552. Such material has been deleted from this copy
and replaced with
XXXXXX’s.
December 20, 2004
DEPARTMENT OF ENERGY
OFFICE OF HEARINGS AND APPEALS
Name of Case: Worker Appeal
Date of Filing: July 15, 2004
Case No.: TIA-0141
XXXXXXXXX (the Applicant) applied to the Department of Energy (DOE) Office of
Worker
Advocacy (OWA) for DOE assistance in filing for state workers’ compensation
benefits for her
late husband, XXXXXXXX (the Worker). The OWA referred the application to an
independent
Physician Panel (the Panel), which determined that the worker’s illnesses
were not related to his
work at a DOE facility. The OWA accepted the Panel’s determination, and the
Applicant filed an
Appeal with the DOE’s Office of Hearings and Appeals (OHA), challenging the
Panel’s
determination. As explained below, we have concluded that the appeal should be
dismissed as
moot.
I. Background
A. The Relevant Statute and Regulations
The Energy Employees Occupational Illness Compensation Program Act of 2000 as
amended
(the Act) concerns workers involved in various ways with the nation=s atomic
weapons program.
See 42 U.S.C. '' 7384, 7385. As originally enacted, the Act provided for two
programs.
Subpart B provided for a Department of Labor (DOL) program providing federal
compensation
for certain illnesses. See 20 C.F.R. Part 30. Subpart D provided for a DOE
assistance program
for DOE contactor employees filing for state workers’ compensation benefits. Under
the DOE
program, an independent physician panel assessed whether a claimed illness or
death arose out of
and in the course of the worker=s employment, and exposure to a toxic substance,
at a DOE
facility. 42 U.S.C. ' 7385o(d)(3); 10 C.F.R. Part 852 (the Physician Panel
Rule). The OWA
was responsible for this program, and its web site provides extensive
information concerning the
program at http://www.eh.doe.gov/advocacy/.
2
The Physician Panel Rule provided for an appeal process. An applicant could
appeal a decision
by the OWA not to submit an application to a Physician Panel, a negative
determination by a
Physician Panel that was accepted by the OWA, and a final decision by the OWA
not to accept a
Physician Panel determination in favor of an applicant. The instant appeal was
filed pursuant to
that Section. The Applicant sought review of a negative determination by a
Physician Panel that
was accepted by the OWA. 10 C.F.R. ' 852.18(a)(2).
While the Applicant’s appeal was pending, Congress repealed Subpart D. Ronald
W. Reagan
Defense Authorization Act for Fiscal Year 2005, Pub. L. No. 108-375 (October
28, 2004).
Congress added a new subpart to the Act - Subpart E, which establishes a DOL
workers’
compensation program for DOE contractor employees. Under Subpart E, all Subpart
D claims
will be considered as Subpart E claims. In addition, under Subpart E, an
applicant is deemed to
have an illness related to a work related toxic exposure at DOE, if the
applicant received a
positive determination under Subpart B.
During the transition period, in which DOL sets up the Subpart E program, OHA
continues to
process appeals of negative OWA determinations.
B. Procedural Background
The Worker was employed as a guard at the DOE’s Paducah Gaseous Diffusion
Plant (the Plant).
He worked at the plant for fifteen years, from 1951 to 1966. Under the DOL
Program, it was
determined that the Worker was a member of the “Special Exposure Cohort”
and that he
developed multiple myeloma during his employment at a DOE facility.1
Accordingly, the
Applicant received compensation under that program.
The Applicant filed an application with the OWA, requesting physician panel
review of claims
of multiple myeloma and amyloidosis. The Applicant asserted that the Worker’s
illnesses were
the result of exposure to hazardous chemicals at the Plant. The Physician Panel
rendered a
negative determination for both of these illnesses. The Panel found
insufficient evidence to
establish a diagnosis of multiple myeloma. The Panel agreed
1 See 20 C.F.R. § 30.210.
3
that the Worker had amyloidosis, but found insufficient evidence of toxic
exposures to find that
it was work-related.
The OWA accepted the Physician Panel’s negative determinations and,
subsequently, the
Applicant filed the instant appeal.
II. Analysis
Under the Physician Panel Rule, independent physicians rendered an opinion
whether a claimed
illness was related to exposure to toxic substances during employment at a DOE
facility. The
Rule required that the Panel address each claimed illness, make a finding
whether that illness
was related to a toxic exposure at the DOE site, and state the basis for that
finding. 2
The Applicant argues that the Physician Panel erred when it found insufficient
evidence of
multiple myeloma. The Applicant points to the DOL Subpart B determination that
the Worker
had multiple myeloma. The Applicant also provides a number of articles about
multiple
myeloma, discussing its relationship with amyloidosis, the other claimed
illness. Although the
Applicant recognizes that the record does not contain radiation exposure
records, she asserts that
“her husband’s duties kept him in buildings where uranium, technetium,
plutonium, beryllium,
cadmium, mercury, hydrofluoric acid, uranium tetrafluoride, etc., were stored
and processed.”3
Moreover, she states that “no protective equipment was offered or provided to
[her] husband
who would spend entire shifts in the hazardous environments.”4 Finally, she
cites various
dispensary visits as evidence of toxic exposures.
Subpart E has rendered moot the physician panel determination.
************************************************** **
The Applicant’s positive DOL
Subpart B determination satisfies the Subpart E requirement that the illness be
related to toxic
exposure during employment at DOE. The Applicant received a positive DOL
Subpart B
determination for multiple myeloma, and the panel report recognized that
amyloidosis is
associated with multiple myeloma. Accordingly, consideration of alleged errors
in the Panel
report is not necessary.
2 10 C.F.R. § 852.12.
3 Applicant’s Appeal Letter dated July 7, 2004, at
3.
4 Id.
4
IT IS THEREFORE ORDERED THAT:
(1) The Appeal filed in Worker Advocacy Case No. TIA-0141 be, and hereby is,
dismissed as moot.
(2) This is a final order of the Department of Energy
George B. Breznay
Director
Office of Hearings and Appeals
Date: December 20, 2004
************************************************** ***
I also have Veterans cases where the Veterans had been diagnosed with
amyloidosis, and had been exposed to Agent Orange but was denied compensation
because the Government will not accept the fact that radiation kills.
I apoligize for the letter being long , but I have tried finding anyone to help
me get the disease added to the list, but so far all the Politicians arent
interested.
Anyway thanks for any information you may have to offer.
Sincerely,
Fran Jones
v
__________________
My late husband Billy Jones worked in OakRidge from 1982 -1983 and in
Portsmouth, Ohio in 1983. He died of a disease called amyloidosis which I
believe was caused by the chemicials he was exposed to. If anyone can give me
any information about this disease other than what is on the web, or if you
know of anyone, please let me know. I am applying for the EEOICPA ,but because
he was not diagnosed with cancer I have been denied. I will not give up because
I know he was exposed and he began getting sick shortly after his employment. He
was 37 years old a very outgoing person and held a degree in Mechanical
Engineering. He was on the Advanced Team for Gaseous Diffusion and some of his
fellow workers were Wroy Jordan, Rand Gay Ron Lebrun. His boss was Ken Tomlo.
Please email me at franjones@bellsouth.net or call me at 904 259 3461 or my cell 904 955 8915. address is
Fran Jones
2313 Dogwood Ln.
Orange Park, Florida 32073
Thankd for all
Fran
http://www.websitetoolbox.com/tool/post/gadget1945/vpost?id=149590