NUCLEAR WORKERS COMPENSATION PUBLIC MEETING 

 JUNE 3, 2002 

 6:00 - 8:00 

 OAK RIDGE MALL CUMBERLAND ROOM 

 FACILITATOR: MR. BARRY LAWSON 

 MR. MICHAEL HOLLAND, ACTING MANAGER, OAK RIDGE 

 OPERATIONS, U.S. DEPARTMENT OF ENERGY 

 PANELISTS: 

 MS. BEVERLY COOK, ASSISTANT SECRETARY FOR ENVIRONMENT, 

 SAFETY AND HEALTH, U.S. DEPARTMENT OF ENERGY 

 MR. PETER TURCIC, DIRECTOR, ENERGY EMPLOYEES 

 OCCUPATIONAL ILLNESS COMPENSATION PROGRAM OFFICE, U.S. 

 DEPARTMENT OF LABOR 

 MR. DAVE SUNDIN, DEPUTY DIRECTOR, OFFICE OF 

 COMPENSATION ANALYSIS AND SUPPORT, NATIONAL INSTITUTE 

 FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH) 

 ____________________________________________________ 

 JOAN S. ROBERTS 

 COURT REPORTER 

 P.O. BOX 5924 

 OAK RIDGE, TENNESSEE 37831 

 (865-457-4027) 
 2 

 1 MR. LAWSON: GOOD EVENING, LADIES AND 

 2 GENTLEMEN. WELCOME TO THIS MEETING ON THE 

 3 FEDERAL NUCLEAR WORKER COMPENSATION PROGRAM. 

 4 TONIGHT'S MEETING IS BEING HELD TO PROVIDE YOU 

 5 WITH INFORMATION ON THAT PROGRAM AND TO SEEK 

 6 COMMENTS ON HOW TO IMPROVE THE IMPLEMENTATION 

 7 OF THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 

 8 COMPENSATION PROGRAM ACT. AS YOU PROBABLY 

 9 KNOW, THAT ACT PROVIDES UP TO A HUNDRED AND 

 10 FIFTY THOUSAND DOLLARS TO WORKERS MADE ILL AS A 

 11 RESULT OF THEIR WORK AT FACILITIES IN THE 

 12 DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX. 

 13 MY NAME IS BARRY LAWSON AND I'LL BE MODERATING 

 14 THIS MEETING TONIGHT. I'M NOT AN EMPLOYEE OF 

 15 NOR AN ADVOCATE FOR THE DEPARTMENT OF ENERGY OR 

 16 THE DEPARTMENT OF LABOR. AS NEUTRAL AND 

 17 INDEPENDENT MODERATOR, I HAVE BEEN ASKED TO RUN 

 18 THIS MEETING IN A FAIR, EFFICIENT AND IMPARTIAL 

 19 MANNER. I RECOGNIZE THAT DESPITE THE FACT THAT 

 20 SEVERAL MILLION DOLLARS HAVE BEEN AWARDED TO 

 21 OAK RIDGE WORKERS UNDER THIS ACT, THERE ARE 

 22 MANY OF YOU WHO HAVEN'T YET RECEIVED, PERHAPS 

 23 EVEN APPLIED FOR, FUNDS. THIS MEETING IS NOT 

 24 INTENDED TO ADDRESS THE INDIVIDUAL ISSUES THAT 

 25 EACH OF YOU MAY HAVE, BUT PROVISIONS HAVE BEEN 
 3 

 1 MADE FOR YOU TO SIGN UP THIS EVENING FOR A 

 2 PERSONAL INTERVIEW ON YOUR PARTICULAR CASE AT 

 3 THE LOCAL OFFICE. CERTAINLY, IF YOU HAVE 

 4 THOUGHTS ON HOW THE SYSTEM CAN BE IMPROVED, WE 

 5 WILL HAVE TIME TO HEAR THEM. THE SCHEDULE 

 6 TONIGHT; AFTER MY BRIEF COMMENTS, MIKE HOLLAND, 

 7 WHO IS THE ACTING OAK RIDGE OFFICE AREA 

 8 MANAGER, WILL WELCOME YOU AND SAY A FEW WORDS 

 9 ABOUT THIS PROGRAM AND MEETING. THEN I'LL ASK 

 10 THE PANEL MEMBERS FOR THEIR COMMENTS. EACH HAS 

 11 AN AREA OF RESPONSIBILITY RELEVANT TO THESE 

 12 PROGRAMS AND YOU WILL HAVE THEM SPEAK TO YOU 

 13 BRIEFLY ABOUT THEIR RESPONSIBILITIES IN THEIR 

 14 PROGRAMS. I'LL INTRODUCE THEM FIRST NOW AND 

 15 AGAIN AS THEY SPEAK. TO MY IMMEDIATE RIGHT IS 

 16 PETER TURCIC AND MR. TURCIC IS THE DIRECTOR OF 

 17 THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 

 18 COMPENSATION PROGRAM OFFICE OF THE UNITED 

 19 STATES DEPARTMENT OF LABOR. IN THE MIDDLE IS 

 20 BEVERLY COOK, WHO IS THE ASSISTANT SECRETARY 

 21 FOR ENVIRONMENTAL SAFETY AND HEALTH WITH THE 

 22 UNITED STATES DEPARTMENT OF ENERGY. AND TO HER 

 23 RIGHT IS DAVE SUNDIN, WHO IS THE DEPUTY 

 24 DIRECTOR OF COMPENSATION ANALYSIS AND SUPPORT 

 25 OF THE NATIONAL INSTITUTE FOR OCCUPATIONAL 
 4 

 1 SAFETY AND HEALTH. I'LL ASK THEM TO STAY 

 2 WITHIN FIVE OR SIX MINUTES APIECE IN THEIR 

 3 PRESENTATION SO WE WILL HAVE AMPLE OPPORTUNITY 

 4 FOR YOUR RESPONSE, COMMENTS AND SUGGESTIONS. 

 5 WE WILL CONTINUE THIS SO-CALLED FORMAL PART OF 

 6 THIS MEETING WITH YOUR COMMENTS UNTIL ABOUT 

 7 EIGHT O'CLOCK. BUT ALL THE PANEL MEMBERS HAVE 

 8 ASSURED ME THEY WILL REMAIN AS LONG AS 

 9 NECESSARY THEREAFTER TO RESPOND TO INDIVIDUAL 

 10 QUESTIONS THAT YOU MAY HAVE FOR THEM. RIGHT 

 11 NOW LET ME INTRODUCE TO YOU MIKE HOLLAND FOR 

 12 BRIEF INTRODUCTORY COMMENTS. MR. HOLLAND. 

 13 MR. HOLLAND: THANK YOU, BARRY. GOOD 

 14 EVENING AND WELCOME TO THIS PUBLIC MEETING ON 

 15 BEHALF OF THE OAK RIDGE OPERATIONS OFFICE. I'M 

 16 REALLY GLAD TO SEE SUCH A LARGE TURNOUT TONIGHT 

 17 AND I HOPE THIS IS A VERY PRODUCTIVE MEETING 

 18 FOR YOU. WE HAVE A VERY DISTINGUISHED PANEL 

 19 HERE WITH US TONIGHT. I THANK THEM FOR COMING 

 20 TO SPEND THE TIME WITH US IN OUR COMMUNITY TO 

 21 TAKE YOUR INPUT TONIGHT. AND I ALSO WANT TO 

 22 THANK YOU, THE FORMER WORKERS, CURRENT WORKERS 

 23 AND FAMILIES HERE IN THE OAK RIDGE AREA. THIS 

 24 REALLY IS ABOUT YOU, ABOUT FAMILY, ABOUT 

 25 FRIENDS AND ABOUT WORKERS, CO-WORKERS, AND IT 
 5 

 1 IS IMPORTANT THAT WE GET INPUT FROM YOU TONIGHT 

 2 ON HOW WE CAN MAKE OUR COMPENSATION PROGRAM 

 3 HERE AT OAK RIDGE A BETTER ONE. I DO ALSO WANT 

 4 TO THANK THE MANY PEOPLE WHO WORK IN THE 

 5 VARIOUS OFFICES AROUND THE OAK RIDGE AREA, THE 

 6 Y-12 AREA OFFICE, THE OAK RIDGE OPERATIONS 

 7 OFFICE, OUR CONTRACTORS AND THE RESOURCE 

 8 CENTER. THOSE PEOPLE WHO WORK WITHIN THIS 

 9 PROGRAM. I ALSO WANT TO POINT OUT TO YOU THAT 

 10 YOUR CONGRESSIONAL DELEGATION IS VERY WELL 

 11 REPRESENTED HERE THIS EVENING. FOR CONGRESSMAN 

 12 ZACH WAMP'S OFFICE; HELEN HARDIN, CHIEF OF 

 13 STAFF. AND REGINA BROOM, STAFF ASSISTANT, ARE 

 14 HERE. REPRESENTING CONGRESSMAN JIM DUNCAN IS 

 15 DEAN RICE, SENIOR LEGISLATIVE ASSISTANT. 

 16 REPRESENTING CONGRESSMAN VAN HILLEARY IS PAUL 

 17 CHAPMAN, THE DISTRICT DIRECTOR. REPRESENTING 

 18 CONGRESSMAN BOB CLEMENT IS CAROLINE NEILSON. 

 19 AND REPRESENTING SENATOR THOMPSON IS CINDY 

 20 LEMONS. I ALSO WANT TO, I'M SORRY, I APOLOGIZE 

 21 IF I HAVE MISSED SOMEONE BECAUSE I THINK 

 22 PERHAPS I HAVE. I ALSO WANTED TO EXTEND A 

 23 THANK YOU TO CONGRESSMAN WAMP'S STAFF IN 

 24 PARTICULAR FOR THE ENCOURAGEMENT THAT THEY HAVE 

 25 GIVEN US TO WORK THIS PROGRAM AGGRESSIVELY OVER 
 6 

 1 THE LAST FEW WEEKS. AGAIN I REALLY DO HOPE 

 2 THAT THIS IS A PRODUCTIVE MEETING FOR YOU AND 

 3 FOR US AS WELL AND I LOOK FORWARD TO HEARING 

 4 YOUR INPUT THIS EVENING. THANK YOU. 

 5 MR. LAWSON: THANK YOU, MR. HOLLAND. 

 6 LET ME REINTRODUCE THE THREE PANEL MEMBERS, ONE 

 7 AT A TIME, AS THEY SPEAK. I WOULD ASK YOU TO 

 8 PLEASE HOLD ANY COMMENTS OR QUESTIONS YOU HAVE 

 9 UNTIL THEY HAVE FINISHED AND THEN WE WILL HAVE 

 10 AN OPPORTUNITY FOR YOU TO GO TO ONE OF THE TWO 

 11 MICROPHONES THAT ARE THERE AND I'LL TAKE AS 

 12 MANY COMMENTS AS POSSIBLE. DON'T LINE UP QUITE 

 13 YET BECAUSE WE HAVE SOME PRESENTATIONS TO MAKE 

 14 FIRST. SO THAT YOU CAN BE PREPARED AND BECAUSE 

 15 OF THE LARGE NUMBER OF PEOPLE HERE, I'LL ASK 

 16 YOU TO MAKE YOUR COMMENTS OR QUESTIONS AS 

 17 CONCISE AND BRIEF AS POSSIBLE. AND SIMILARLY 

 18 WOULD ASK THE PANEL MEMBERS TO DO THE SAME. IT 

 19 IS IMPORTANT THAT EVERYONE HAS AN OPPORTUNITY 

 20 TO ASK A QUESTION. AND FOR THAT PURPOSE, I 

 21 WOULD ASK YOU TO ASK ONE QUESTION AND, IF 

 22 NECESSARY, A FOLLOW-UP TO THAT SPECIFIC 

 23 QUESTION, IF IT IS APPROPRIATE, BUT PLEASE NO 

 24 SECOND QUESTIONS UNTIL EACH PERSON HAS AN 

 25 OPPORTUNITY TO ASK HIS OR HER INITIAL QUESTION. 
 7 

 1 YOUR COOPERATION FOLLOWING THESE, HOPEFULLY, 

 2 PRACTICAL GUIDELINES IS MOST APPRECIATED. I 

 3 WOULD LIKE NOW TO REINTRODUCE TO YOU PETER 

 4 TURCIC, WHO IS THE DIRECTOR OF THAT LONG OFFICE 

 5 NAME, THE U.S. DEPARTMENT OF LABOR. MR. 

 6 TURCIC. 

 7 MR. TURCIC: THANK YOU VERY MUCH. IT IS 

 8 A PLEASURE TO BE HERE. WHAT I WOULD LIKE TO DO 

 9 IS WE ARE REALLY INTERESTED IF HEARING YOUR 

 10 INPUT, SO I'M JUST GOING TO BRIEFLY TALK ABOUT 

 11 THE DEPARTMENT OF LABOR'S PORTION OF THE ENERGY 

 12 EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 

 13 ACT. AS YOU PROBABLY KNOW, THE THREE AGENCIES 

 14 WORK VERY CLOSELY TOGETHER IN ALL ASPECTS OF 

 15 THIS PROGRAM. AND THERE HAS BEEN VERY GOOD 

 16 COOPERATION WITH DEPARTMENT OF ENERGY AND WITH 

 17 NIOSH. JUST BRIEFLY, THE DEPARTMENT OF LABOR'S 

 18 PORTION COVERS FOUR DISEASES. RADIATION 

 19 CANCERS, CHRONIC BERYLLIUM DISEASE, BERYLLIUM 

 20 SENSITIVITY, CHRONIC SILICOSIS AND IT ALSO 

 21 GIVES SUPPLEMENTAL BENEFITS FOR URANIUM 

 22 WORKERS. THOSE WOULD BE MINERS, MILLERS, WAR 

 23 TRANSPORTERS WHO RECEIVE BENEFITS UNDER THE 

 24 RADIATION EXPOSURE COMPENSATION ACT 

 25 ADMINISTERED BY THE DEPARTMENT OF JUSTICE. 
 8 

 1 JUST SOME PROGRAM HIGHLIGHTS. THE PROGRAM WAS 

 2 ENACTED ON OCTOBER 30, 2000 AND BECAME 

 3 EFFECTIVE JULY 31, 2001, AT WHICH TIME 

 4 SECRETARY ELAINE CHAO PRESENTED THE FIRST CHECK 

 5 ON AUGUST 9, 2001. AND AS YOU KNOW, ONE OF THE 

 6 BIGGEST ISSUES THAT WE FACED IN IMPLEMENTING 

 7 THE LAW WAS THE ORIGINAL DEFINITION OF 

 8 SURVIVORS AND THAT WAS CHANGED, ALONG WITH SOME 

 9 OTHER MINOR CHANGES, IN AMENDMENTS THAT WERE 

 10 ENACTED ON DECEMBER 28, 2001. JUST BRIEFLY, 

 11 WHAT WE DID IN IMPLEMENTING THE PROGRAM, WE 

 12 DIVIDED THE COUNTRY UP INTO FOUR AREAS, WE HAVE 

 13 FOUR DISTRICT OFFICES. AND FOR OAK RIDGE THE 

 14 DISTRICT OFFICE IS IN JACKSONVILLE, FLORIDA AND 

 15 THE REGIONAL DIRECTOR OF THE OFFICE OF WORKERS 

 16 COMPENSATION, NANCY RICKER, IS HERE WITH ME 

 17 TONIGHT. IF YOU HAVE ANY QUESTIONS, YOU CAN 

 18 COME UP LATER AND WE CAN TRY TO ANSWER THEM FOR 

 19 YOU. FROM A NATIONAL BASIS, TO DATE, THIS IS 

 20 AS OF MAY 30TH, WE HAVE RECEIVED TWENTY-EIGHT 

 21 THOUSAND SEVEN HUNDRED AND NINETY-FIVE CLAIMS. 

 22 AND OF THOSE, EIGHTEEN THOUSAND ARE CLAIMING 

 23 CANCER. NINE HUNDRED AND EIGHTY-SIX BERYLLIUM 

 24 SENSITIVITY. NINE HUNDRED AND EIGHTY-ONE 

 25 CHRONIC BERYLLIUM DISEASE. FIVE HUNDRED AND 
 9 

 1 THIRTY-THREE FOR CHRONIC SILICOSIS. AND 

 2 THIRTY-THREE HUNDRED AND NINETY-SEVEN RECA 

 3 CLAIMS AND IN OTHERS ACCOUNT FOR FORTY-FOUR 

 4 HUNDRED AND SIXTY-FIVE. JUST SOME STATISTICS 

 5 RELATIVE TO THAT; THE CLAIMS THAT HAVE BEEN 

 6 PROCESSED TO A FINAL DECISION. SO FAR THERE IS 

 7 THIRTY-TWO HUNDRED AND EIGHTY-TWO CLAIMS THAT 

 8 HAVE BEEN APPROVED FOR BENEFITS AND NINE 

 9 HUNDRED AND FORTY-FIVE, AND THESE ARE FINAL 

 10 DECISIONS, FOR DENIAL OF BENEFITS. CLAIMS 

 11 PROCESSED WITH THE RECOMMENDED DECISION; AS YOU 

 12 PROBABLY KNOW, OUR PROCESS IS A RECOMMENDED 

 13 DECISION. THEN IF YOU DISAGREE WITH THAT, YOU 

 14 CAN EITHER WAIVE YOUR APPEAL OR YOU CAN ASK FOR 

 15 A HEARING AT THAT POINT IN TIME OR REVIEW OF 

 16 THE WRITTEN RECORD. AND THEN THE FINAL 

 17 ADJUDICATION BRANCH WILL GO AND MAKE A FINAL 

 18 DECISION, AT WHICH TIME IF YOU DISAGREE WITH 

 19 THAT FINAL DECISION, YOU CAN APPEAL THAT TO 

 20 FEDERAL DISTRICT COURT. AT THE RECOMMENDED 

 21 DECISION LEVEL WE HAVE HAD THIRTY-SEVEN HUNDRED 

 22 AND EIGHTY-EIGHT CLAIMS HAVE BEEN RECOMMENDED 

 23 DECISION TO APPROVE BENEFITS. AND TWENTY-EIGHT 

 24 HUNDRED AND EIGHT RECOMMENDED TO DENY. ONE 

 25 THING I WANT TO POINT OUT IS THAT THESE ARE 
 10 

 1 CLAIMS. FOR EXAMPLE, IF THERE ARE FOUR 

 2 SURVIVORS INVOLVED IN A CLAIM, SUCH AS A SPOUSE 

 3 AND THREE CHILDREN, WELL, UNDER THE AMENDMENTS, 

 4 IF THERE IS A SPOUSE, THE SPOUSE WOULD BE 

 5 ENTITLED TO THE BENEFITS, THE CHILDREN WOULD 

 6 NOT. IN THAT CASE THAT WOULD BE A RECOMMENDED 

 7 APPROVAL AND THREE RECOMMENDED DENIALS IN THAT 

 8 EXAMPLE. SO THE RECOMMENDED, AGAIN THE 

 9 DENIALS, THAT IS RELATIVE TO CLAIMS. THEN WE 

 10 HAVE CASES SENT TO NIOSH; FIVE THOUSAND FOUR 

 11 HUNDRED AND FORTY-ONE TO DATE. AND PAYMENTS 

 12 ISSUED; WE HAVE ISSUED TWENTY-NINE HUNDRED AND 

 13 SEVENTY-THREE PAYMENTS AND THAT IS ON 

 14 TWENTY-FIVE HUNDRED AND SIXTY-THREE INDIVIDUAL 

 15 WORKERS. AND THAT COMPENSATION PAID OUT TO 

 16 DATE HAS BEEN NEARLY TWO HUNDRED AND 

 17 TWENTY-FIVE MILLION DOLLARS. AT OAK RIDGE AT 

 18 THE FACILITIES AT OAK RIDGE, WE HAVE RECEIVED 

 19 FORTY-NINE HUNDRED AND TWO CLAIMS. THERE IS 

 20 NINE HUNDRED AND SIX REFERRALS TO NIOSH. OF 

 21 THOSE NINE HUNDRED AND SIX, THE BREAK DOWN IS 

 22 THAT FOUR HUNDRED AND EIGHTY-FIVE OF THEM ARE 

 23 FROM Y-12, TWO HUNDRED AND FORTY-TWO ARE FROM 

 24 K-25. SO K-25, IF AN INDIVIDUAL HAS A CANCER 

 25 THAT IS NOT ONE OF THE SPECIFIED CANCERS, THAT 
 11 

 1 DOES NOT MEAN THEY ARE NOT ELIGIBLE. WE DO A 

 2 DOSE RECONSTRUCTION AND PROCESS THE CLAIM JUST 

 3 AS WE WOULD PROCESS ANY OTHER RADIATION CANCER 

 4 CLAIM. AND A HUNDRED AND FIFTY-FIVE FROM X-10. 

 5 HERE WE HAD TWELVE HUNDRED AND EIGHTY-NINE 

 6 RECOMMENDED DECISIONS AND OF THAT SEVEN HUNDRED 

 7 AND THIRTEEN WERE RECOMMENDED DECISIONS TO 

 8 APPROVE BENEFITS. FIVE HUNDRED AND SEVENTY-SIX 

 9 TO DENY. OF THE RECOMMENDED DECISIONS TO 

 10 APPROVE BENEFITS, FOUR HUNDRED AND SEVENTY-FOUR 

 11 ARE FROM K-25, A HUNDRED AND EIGHTY-SIX FROM 

 12 Y-12 AND FIFTY-THREE FROM X-10. TO DENY; TWO 

 13 HUNDRED AND SIXTY-THREE FROM K-25, TWO HUNDRED 

 14 AND FORTY-EIGHT FROM Y-12 AND SIXTY-THREE FROM 

 15 X-10. FINAL DECISIONS; WE HAVE SEVEN HUNDRED 

 16 AND SIXTY-SIX FINAL DECISIONS FROM THE OAK 

 17 RIDGE FACILITIES. SIX HUNDRED AND ONE TO 

 18 ACCEPT, TO APPROVE BENEFITS, AND A HUNDRED AND 

 19 SIXTY-FIVE TO DENY. AND THAT BREAK DOWN IS 

 20 THREE HUNDRED AND NINETY-EIGHT ACCEPTANCES AT 

 21 K-25. A HUNDRED AND FIFTY-SIX AT Y-12, 

 22 FORTY-SEVEN AT X-10. AND ON THE DENYING, 

 23 SEVENTY-ONE AT K-25, SEVENTY-SEVEN AT Y-12, 

 24 SIXTEEN AT X-10. AND WE HAVE MADE FIVE HUNDRED 

 25 AND THIRTY-FOUR PAYMENTS, WHICH COVER THREE 
 12 

 1 HUNDRED AND SEVENTY-FOUR INDIVIDUAL WORKERS AT 

 2 THE OAK RIDGE FACILITIES. THE BREAK DOWN OF 

 3 THE MEDICAL CONDITIONS THAT HAVE BEEN CLAIMED 

 4 FROM THE OAK RIDGE FACILITIES; THIRTY-SIX 

 5 HUNDRED SEVENTY-EIGHT ARE CANCERS. TWO HUNDRED 

 6 AND TWENTY-ONE BERYLLIUM SENSITIVITY, A HUNDRED 

 7 AND TWENTY-THREE CHRONIC BERYLLIUM DISEASE. 

 8 TWENTY-THREE CHRONIC SILICOSIS AND SEVEN 

 9 HUNDRED AND SEVEN OTHER LUNG CONDITIONS. AND A 

 10 HUNDRED AND TWENTY-EIGHT RENAL DISORDERS, BUT 

 11 THAT IS ONLY COVERED UNDER THE RECA PROGRAM FOR 

 12 WAR TRANSPORTERS AND HAULERS. THANK YOU. 

 13 MR. LAWSON: THANK YOU, MR. TURCIC. I 

 14 WOULD NOW LIKE TO CALL ON BEVERLY COOK, WHO IS 

 15 THE ASSISTANT SECRETARY FOR THE ENVIRONMENTAL 

 16 HEALTH AND SAFETY AT DOE IN WASHINGTON. 

 17 MS. COOK: THANK YOU. I WOULD FIRST 

 18 LIKE TO SPEND A COUPLE OF MINUTES AND EXPLAIN 

 19 TO YOU WHO I AM. IT HAS BEEN A WHILE SINCE I 

 20 HAVE BEEN TO OAK RIDGE BUT I HAVE BEEN HERE 

 21 BEFORE. I HAVE BEEN HERE BECAUSE I ALSO, LIKE 

 22 YOU, ONE OF THE WORKERS IN THE DOE COMPLEX. I 

 23 STARTED WORK AT THE DEPARTMENT OF ENERGY AS A 

 24 CONTRACTOR IN 1975 AT THE IDAHO NATIONAL 

 25 ENGINEERING AND ENVIRONMENTAL LAB. I AM AN 
 13 

 1 ENGINEER. I WORKED IN REACTORS, I WORKED IN 

 2 PROCESSING FACILITIES, I'VE WORKED IN STORAGE 

 3 FACILITIES HERE AT OAK RIDGE. I WAS ACTUALLY 

 4 HERE WHEN WE WERE WORKING ON SPACE NUCLEAR 

 5 POWER SYSTEMS AND YOU BUILT SOME OF THE 

 6 COMPONENT PARTS FOR THAT HERE. I'VE WORKED IN 

 7 A LOT OF PLACES AROUND THE COMPLEX. WHEN WE 

 8 GET TO TALKING ABOUT RECORDS, I'M ONE OF THOSE 

 9 PEOPLE THEY ARE LOOKING FOR RECORDS FOR. I 

 10 HAVE MY RADIATION RECORDS, BUT IT IS HARD TO 

 11 TELL YOU WHERE I WAS AND WHEN I WAS PRETTY MUCH 

 12 ANYPLACE ELSE. I WORKED AS A CONTRACTOR FOR 

 13 FIFTEEN YEARS. I WENT THEN TO WASHINGTON, DC 

 14 AND WENT TO WORK FOR THE DEFENSE NUCLEAR 

 15 FACILITY SAFETY BOARD. I ALSO ENDED UP IN A 

 16 LOT OF FACILITIES BECAUSE OF THAT. AND THEN 

 17 WENT TO WORK FOR DEPARTMENT OF ENERGY AND HAVE 

 18 BEEN WITH THEM SINCE. WORKED IN THE OFFICE OF 

 19 NUCLEAR ENERGY ALL THE WAY UP THROUGH THE 

 20 PRINCIPAL DEPUTY THERE AND THEN JUST FINISHED 

 21 SPENDING A COUPLE OF YEARS DOING WHAT MIKE DOES 

 22 HERE, WHICH IS FIELD MANAGER OF THE IDAHO SITE. 

 23 I TAKE THAT JOB VERY SERIOUSLY, I TAKE THE 

 24 CURRENT JOB I HAVE VERY SERIOUSLY. AND THAT IS 

 25 LOOKING OUT FOR THE ENVIRONMENT SAFETY AND 
 14 

 1 HEALTH ISSUES ASSOCIATED WITH THIS COMPLEX. I 

 2 WANT TO ASSURE YOU ALL RIGHT NOW THAT THIS IS 

 3 PERSONAL FOR ME. I WAS IN IDAHO ABOUT SIX 

 4 WEEKS AGO AND SAID GOODBYE TO ONE OF MY FRIENDS 

 5 AND THAT'S VERY HARD TO DO AND I KNOW IT'S HARD 

 6 FOR ALL OF YOU TOO. A FRIEND WHO HAS CANCER 

 7 AND HAS QUIT TAKING HIS MEDICATION BECAUSE HE 

 8 HAS GOT A COUPLE OF WEEKS LEFT. IT IS ALWAYS 

 9 HARD FOR ME TO GET PAST THAT PART BECAUSE IT IS 

 10 REAL FOR ME. MY JOB RIGHT NOW IS TO MAKE SURE 

 11 PERSONALLY FOR ME TO MAKE SURE THAT THIS 

 12 COMPENSATION ACT WORKS AS BEST AS POSSIBLE. IT 

 13 IS GOOD FOR A START. IS IT PERFECT FOR 

 14 EVERYTHING? NO. BUT IT'S GOOD FOR A START AND 

 15 I'M REALLY PLEASED TO SEE IT IN PLACE. AS YOU 

 16 KNOW, THERE ARE SEVERAL PARTS TO THIS. THE 

 17 SUBPARTS A, B AND C HAVE TO DO WITH THE PROGRAM 

 18 THAT PETE JUST TALKED ABOUT. THERE IS SUBPART 

 19 D THAT IS STRICTLY DOE'S PART AND THAT IS THE 

 20 PART THAT DEALS WITH US ASSISTING WORKERS 

 21 WITHIN THE COMPLEX TO APPLY FOR A STATE WORKERS 

 22 COMP PROGRAM. JOSH, COULD YOU PUT THE NEXT 

 23 CHART UP? THIS IS GOING TO BE HARD FOR YOU TO 

 24 SEE. MAYBE WE CAN GET SOME COPIES AND PUT IN 

 25 YOUR RESOURCE CENTER HERE. THIS IS A FLOW 
 15 

 1 CHART THAT SHOWS, IT'S NOT GOING TO SHOW VERY 

 2 WELL HERE, THAT SHOWS HOW THIS WORKS AND WHEN 

 3 YOU COME IN WITH A CLAIM WHERE DOES IT GO AND 

 4 HOW DOES IT GO. PETE TALKED ABOUT THE THINGS 

 5 THAT GO INTO THE PART OF THE ACT THAT DEALS 

 6 WITH VERY SPECIFIC CASES OF THE CANCERS, THE 

 7 CHRONIC BERYLLIUM DISEASE AND SILICOSIS AND HOW 

 8 THAT GOES THROUGH. AND AS YOU ALL KNOW, HERE 

 9 THERE ARE SOME PEOPLE WHO ARE IN A SPECIAL 

 10 COHORT GROUP, THE GASEOUS DIFFUSION PLANT 

 11 SPECIFICALLY, WHERE DOSE RECONSTRUCTIONS ARE 

 12 NOT NECESSARY. IF YOU WORKED THERE FOR A 

 13 CERTAIN NUMBER OF DAYS, YOU HAVE THOSE KINDS OF 

 14 CANCERS, THEN YOU AUTOMATICALLY GO INTO THAT 

 15 PROGRAM. BUT ALL THE OTHER RADIATION-INDUCED 

 16 CANCERS ACROSS THE COMPLEX, WE HAVE TO DO DOSE 

 17 RECONSTRUCTIONS AND ALL OF THE THINGS THAT ARE 

 18 IN THE SUBTITLE D THAT DEPARTMENT OF ENERGY 

 19 DEALS WITH, WE MOVE THINGS INTO A PHYSICIANS' 

 20 PANEL WHERE WE HAVE DETERMINATIONS MADE OF 

 21 WHETHER THAT ILLNESS WAS CAUSED BY YOUR WORK 

 22 AND THEN WE HELP MOVE THAT INTO YOUR STATE 

 23 WORKERS COMP PROGRAM, WHICH VARY FROM STATE TO 

 24 STATE. WHEREAS, THE DEPARTMENT OF LABOR PART 

 25 OF THE PROGRAM HAD SPECIFIC DATES ASSOCIATED 
 16 

 1 WITH IT THAT IT HAD TO GET UP AND RUNNING, THE 

 2 PART THAT DEPARTMENT OF ENERGY IS RESPONSIBLE 

 3 FOR HAD TO GO THROUGH RULE-MAKING. RULE-MAKING 

 4 IS A VERY PUBLIC PROCESS IN THIS COUNTRY AND IT 

 5 REQUIRES PUBLIC MEETINGS, IT REQUIRES INPUT. 

 6 WE HAD REQUESTS FOR EXTENSIONS TO EXTEND THE 

 7 PUBLIC COMMENT PERIOD, THAT TOOK TIME ALSO. WE 

 8 HAD TO ANSWER ALL THE PUBLIC COMMENTS. WHERE 

 9 WE ARE NOW FINALLY IS THAT WE HAVE DRAFTED UP 

 10 OUR FINAL VERSION OF THE RULE WHICH 

 11 INCORPORATED AND ADDRESSED EVERYBODY'S COMMENTS 

 12 THAT CAME IN. WE HAVE SENT IT TO THE OFFICE OF 

 13 MANAGEMENT AND BUDGET AND THEIR RESPONSIBILITY 

 14 IS TO GET IT BACK OUT TO THE OTHER AGENCIES FOR 

 15 THEM TO LOOK AT. IT'S COME BACK AND WE ARE IN 

 16 THE FINAL STAGES OF WORKING ON THE WORDS THAT 

 17 ARE IN THAT. I'M VERY HOPEFUL THAT THAT RULE 

 18 GETS OUT AND ON THE STREET RIGHT AWAY BECAUSE, 

 19 IN FACT, WE HAVE OVER ELEVEN THOUSAND CLAIMS 

 20 FROM FOLKS THAT WE HAVE SITTING THERE WAITING 

 21 TO GO AS SOON AS THAT PHYSICIAN PANEL RULE 

 22 COMES OUT. IT IS AS FRUSTRATING TO ME AS IT IS 

 23 TO THE REST OF YOU THAT THIS RULE-MAKING 

 24 PROCESS IS LENGTHY, BUT IT IS. IT IS NOT 

 25 BECAUSE WE HAVE NO INTEREST IN MOVING FORWARD 
 17 

 1 ON THESE. I WANT THIS TO HAPPEN NOW, I WANT TO 

 2 GET IT DONE QUICK AND I WANT TO MOVE FORWARD 

 3 WITH THESE CLAIMS. TWO PARTS; LET ME JUST SAY 

 4 RIGHT NOW, ONE IS WE NEED TO MOVE FORWARD ON 

 5 THE CLAIMS RIGHT NOW. WE NEED TO MOVE FORWARD 

 6 WITH THIS ACT AND HOW THIS IS WORKING FOR THOSE 

 7 OF YOU WHO ARE IN THIS ROOM HERE WHO ARE 

 8 CURRENT WORKERS, WHAT I WANT TO MAKE SURE 

 9 HAPPENS, AND I WANT TO HAVE A PART OF, IS TO 

 10 MAKE SURE IN THE FUTURE WE DEAL WITH THIS IN A 

 11 MORE RIGOROUS WAY. FOR INSTANCE, I HAVE BEEN 

 12 SUGGESTING THAT WE PUT INTO OUR CONTRACTS WITH 

 13 THE CONTRACTORS TO DOE RECORD-KEEPING 

 14 REQUIREMENTS THAT IS PART OF THEIR CONTRACT, SO 

 15 THAT WE DON'T HAVE TO GO THROUGH WHAT WE ARE 

 16 GOING THROUGH RIGHT NOW IN FINDING PEOPLE'S 

 17 RECORDS. THE DEPARTMENT OF ENERGY DOES NOT OWN 

 18 THOSE RECORDS. YOUR CONTRACTORS THAT YOU WORK 

 19 FOR OWN THOSE RECORDS. AND WE ARE TRYING TO 

 20 FIND ALL THOSE CONTRACTORS, WE'RE TRYING TO 

 21 FIND ALL THOSE RECORDS. I KNOW THAT SOME OF MY 

 22 RECORDS ARE IN A BOX IN SEATTLE SOMEPLACE. 

 23 THERE ARE A LOT OF RECORDS OUT THERE. HAVING 

 24 SAID THAT, I WILL TELL YOU THAT WE ARE GETTING 

 25 BETTER AT IT AND WE'RE FINDING A GREAT WEALTH 
 18 

 1 OF RECORDS, BOTH MEDICAL RECORDS, EMPLOYMENT 

 2 RECORDS, ALL KINDS OF THINGS AND WE'RE TRYING 

 3 TO PULL THAT TOGETHER TO BE ABLE TO DO THAT IN 

 4 A MORE EXPEDITED WAY AND TO GET A DATA BASE IN 

 5 PLACE SO THAT WE KNOW EVERYBODY THAT WORKED FOR 

 6 DEPARTMENT OF ENERGY AND ITS PREDECESSORS. AND 

 7 MORE IMPORTANTLY, HAVE THOSE RECORDS FOR THE 

 8 FUTURE. LET ME JUST PUT UP THE LAST CHART THAT 

 9 I'M GOING TO TALK TO. THAT IS EMPLOYMENT 

 10 VERIFICATION. THAT'S THE FIRST THING 

 11 DEPARTMENT OF ENERGY HAS TO DO, EMPLOYMENT 

 12 VERIFICATION. FOR DOL TO DO THEIR PART, DOE 

 13 HAD TO DO THEIR PART AND WE HAVE BEEN WORKING 

 14 VERY HARD TO ASSIST DOL IN GETTING THOSE 

 15 EMPLOYMENT VERIFICATIONS. BUT AS I SAID, THAT 

 16 IS DIFFICULT. SOME OF YOU ARE JUST LIKE A LOT 

 17 OF MY FRIENDS. THEY WORKED AT THE SAME JOB FOR 

 18 FORTY YEARS AND NEVER LEFT THE PLACE THEY 

 19 WORKED AND THEY HAVE HAD PROBABLY SIX DIFFERENT 

 20 COMPANIES THEY WORKED FOR AS COMPANIES CAME AND 

 21 WENT AT THE DOE SITE. FINDING THOSE RECORDS IS 

 22 DIFFICULT. ESPECIALLY IF YOU ARE A 

 23 SUBCONTRACTOR. IF YOU ARE UNION FOLKS AT THE 

 24 SITES, IF YOU'RE CONSTRUCTION WORKERS TRYING TO 

 25 FIND THE EMPLOYMENT RECORDS, THEY ARE ALSO 
 19 

 1 DIFFICULT. BUT I'LL ASSURE YOU, THAT IS NOT 

 2 THE LAST STOP. DOL HAS SAID THEY WILL ACTUALLY 

 3 TAKE WRITTEN AFFIDAVITS FROM FOLKS, IF ALL ELSE 

 4 FAILS AND WE CAN'T FIND IT THROUGH SOCIAL 

 5 SECURITY, CAN'T FIND IT THROUGH PRIOR 

 6 EMPLOYMENT, WE CAN GO TO WRITTEN AFFIDAVITS 

 7 FROM COWORKERS FOR YOU THAT SAY YOU WORKED 

 8 THERE AND WHEN YOU WORKED THERE AND THEY ARE 

 9 GOING WITH THAT TOO, SO WE'RE TRYING TO OPEN UP 

 10 AS MANY WAYS AS POSSIBLE. COMMUNITY OUTREACH 

 11 IS ONE OF THE THINGS THAT I DO AND I JUST GOT 

 12 OFF THE PLANE HERE SO I HAVEN'T HAD AN 

 13 OPPORTUNITY TO DO IT HERE YET, IS TO LOOK TO 

 14 SEE WHAT OUR COMMUNITY OUTREACH OFFICES ARE 

 15 DOING. AND WHAT THEY TOLD ME ABOUT YOUR OFFICE 

 16 HERE AND THIS IS A JOINT OUTREACH OFFICE THAT 

 17 IS FUNDED BY DEPARTMENT OF LABOR AND DOE. THEY 

 18 SAY THEY HAVE MAILED OVER ELEVEN HUNDRED 

 19 INFORMATIONAL FLIERS TO CURRENT AND FORMER 

 20 WORKERS AT THE GASEOUS DIFFUSION PLANTS IN THE 

 21 AREA OF PROFESSIONAL LABOR ORGANIZATIONS. 

 22 SUBMITTED PRESS RELEASES TO EIGHT TENNESSEE 

 23 TELEVISION STATIONS AND THREE ALABAMA 

 24 TELEVISION STATIONS. DISTRIBUTED A THOUSAND 

 25 FLIERS TO AREA PHARMACIES, CANCER SURVIVAL 
 20 

 1 CENTERS, PHYSICIANS' OFFICES, RETIREMENT 

 2 CENTERS, HOSPITALS AND THE LIKE. I THOUGHT 

 3 THIS WAS KIND OF UNIQUE. ATTENDED ALL THE 

 4 RETIREMENT CHRISTMAS PARTIES TO PASS OUT 

 5 INFORMATION AND FLIERS WERE PASSED OUT. THEY 

 6 ARE GETTING VERY CREATIVE, I'LL JUST TELL YOU 

 7 THAT. MET WITH UNION OFFICIALS AND DEVELOPED A 

 8 PARTNERSHIP IN SUPPORT OF ASSISTING WORKERS 

 9 WITH CLAIMS. BY THE WAY, I MEET WITH A LOT OF 

 10 UNION OFFICIALS. I'M VERY CLOSE WITH THE PACE 

 11 UNION IN IDAHO BECAUSE I WAS ONE OF THOSE 

 12 WORKERS, I SPENT A LOT OF TIME WITH THOSE 

 13 FOLKS. AND I FEEL STRONGLY ABOUT USING THE 

 14 UNION ORGANIZATION TO TAP INTO THE WORK FORCE 

 15 TO MAKE SURE PEOPLE UNDERSTAND ABOUT THE 

 16 PROGRAM AND HOW TO GET INVOLVED. MONTHLY 

 17 MEETINGS WITH THE Y-12 BERYLLIUM SUPPORT GROUP. 

 18 ATTENDED THE OAK RIDGE CHAPTER OF NAACP TO 

 19 ASSIST FORMER AND CURRENT WORKERS AND 

 20 SURVIVORS. AND ALSO SUBMITTED A LOT OF PRESS 

 21 RELEASES TO AREA RETIREMENT AND CREDIT UNION 

 22 NEWS LETTERS. THEY ARE TRYING TO FIND AS MANY 

 23 WAYS AS POSSIBLE TO GET INFORMATION OUT. 

 24 NUMBER ONE THING I'M GOING TO ASK OF ALL OF 

 25 YOU; IF YOU CAN THINK OF SOMETHING THAT IS NOT 
 21 

 1 COVERED HERE, PLEASE LET THE RESOURCE CENTER 

 2 KNOW SO WE CAN LOOK AT OTHER AREAS TO DO THAT 

 3 KIND OF CONTACT. IT'S HARD TO REACH PEOPLE, 

 4 ALTHOUGH I KNOW IN PLACES LIKE OAK RIDGE AND 

 5 IDAHO AT HANFORD YOU MAY RETIRE, BUT YOU NEVER 

 6 MOVE AWAY BECAUSE YOU LOVE IT HERE. SO 

 7 HOPEFULLY WE CAN REACH OUT AND TOUCH EVERYBODY 

 8 HERE. IT IS NOT LIKE THE FOLKS IN NEW YORK WHO 

 9 ALL MOVE TO FLORIDA. YOU ALL STAY. STATUS OF 

 10 OUR RULE; I'VE ALREADY TOLD YOU ABOUT THAT. 

 11 I'M HOPING THAT WILL COME OUT IN THE NEXT FEW 

 12 DAYS SO WE CAN MOVE FORWARD WITH THIS. WE 

 13 REALLY NEED TO GET THOSE CLAIMS MOVING AND WE 

 14 NEED TO GET THINGS SETTLED, WE NEED TO GIVE YOU 

 15 PEOPLE ANSWERS AND WE NEED TO FIGURE OUT WHERE 

 16 WE NEED TO MOVE FORWARD. BUT ALSO, MY OTHER 

 17 GOAL IS TO MAKE SURE THAT I'M VERY, VERY CLEAR 

 18 ON A COUPLE OF THINGS. ONE IS WHICH THINGS WE 

 19 CAN DO WITHIN THIS LEGISLATION AND THEN IF THIS 

 20 IS NOT WHAT YOU WANT IT TO BE SO YOU KNOW WHAT 

 21 TO DO ABOUT IT NEXT. IF IT MEANS MORE 

 22 AMENDMENTS, FINE. IF IT MEANS LOOKING AT OTHER 

 23 WAYS TO APPROACH THIS. AND MORE IMPORTANTLY, 

 24 IF THERE IS WAYS YOU CAN HELP US DO THIS 

 25 BETTER, LET ME KNOW. SECONDLY; AN ISSUE I WANT 
 22 

 1 TO MAKE SURE I BRING UP WITH YOU, I'VE BROUGHT 

 2 UP AT A LOT OF SITES, AND THAT IS RETALIATION. 

 3 I KNOW THAT THERE ARE A LOT OF PEOPLE, 

 4 ESPECIALLY IN THE CURRENT WORK FORCE THAT WORRY 

 5 ABOUT THAT. I WORRY ABOUT THAT TOO. I HAVE 

 6 LOTS OF WAYS TO REACH OUT AND TOUCH OUR 

 7 CONTRACTORS AND I WILL ASSURE YOU THAT WE WILL 

 8 DO THAT. RETALIATION IS NOT ACCEPTABLE. THIS 

 9 IS A PROGRAM THAT IS FOR OUR WORKERS, DOE 

 10 WORKERS, AND I BELIEVE THAT THERE ARE WORKERS, 

 11 SO I'M VERY SERIOUS ABOUT THAT AND THE 

 12 RESPONSIBILITIES FOR THOSE SORTS OF THINGS DO 

 13 LIE WITHIN MY OFFICE AT HEADQUARTERS AND I CAN 

 14 DO SOMETHING ABOUT IT. THE THIRD THING IS WE 

 15 HAVE HAD A LOT OF MEDICAL STUDIES DONE AT A LOT 

 16 OF DOE SITES AND WE'RE TRYING TO MAKE SURE THAT 

 17 WE INCORPORATE ALL THE INFORMATION THAT HAVE 

 18 COME OUT OF THOSE MEDICAL STUDIES SO THAT THAT 

 19 INFORMATION ALSO IS AVAILABLE TO FEED INTO THE 

 20 PROCESS SO WE HAVE THE KIND OF MEDICAL 

 21 BACKGROUND INFORMATION THAT IS USEFUL. AND IT 

 22 WILL ALLOW US TO MOVE FORWARD, SO I'M ASKING 

 23 FOR YOUR HELP TO HELP STREAMLINE THIS, WE WANT 

 24 TO DO THIS AS EFFICIENTLY AS POSSIBLE, BUT IT 

 25 IS A LONG, HARD FIGHT AND IT'S COMPLICATED. 
 23 

 1 THANK YOU. 

 2 MR. LAWSON: THANK YOU, MS. COOK. OUR 

 3 LAST SPEAKER IS DAVE SUNDIN. MR. SUNDIN IS THE 

 4 DEPUTY DIRECTOR OF COMPENSATION ANALYSIS AND 

 5 SUPPORT OF THE NATIONAL INSTITUTE FOR 

 6 OCCUPATIONAL SAFETY AND HEALTH. MR. SUNDIN, 

 7 PLEASE. 

 8 MR. SUNDIN: THANKS. IT IS GOOD TO BE 

 9 HERE. CAN YOU ALL HEAR ME? I'LL BE VERY 

 10 BRIEF. I'M INTERESTED IN HEARING YOUR 

 11 QUESTIONS AND COMMENTS. I AM FROM THE NATIONAL 

 12 INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH, 

 13 WHICH IS ONE OF THE CENTERS FOR CENTERS FOR 

 14 DISEASE CONTROL AND PREVENTION. NIOSH IS 

 15 LOCATED JUST UP THE ROAD HERE IN CINCINNATI. 

 16 THE LAW WHICH CREATED THIS PROGRAM ASSIGNED 

 17 NIOSH REALLY SEVERAL, VERY SPECIFIC DUTIES, 

 18 RESPONSIBILITIES. WE ARE VERY MUCH IN A 

 19 SUPPORT ROLE FOR THE DEPARTMENT OF LABOR AND IN 

 20 PARTNERSHIP WITH DOE TO MAKE THIS PROGRAM WORK. 

 21 THE FIRST THING THAT NIOSH WAS REQUIRED TO DO 

 22 WAS DEVELOP SOME REGULATIONS AND THOSE WERE 

 23 SPELLED OUT IN THE ACT ITSELF. WE WERE ASKED 

 24 TO COME UP WITH REGULATIONS WHICH WOULD GOVERN 

 25 HOW EMPLOYEES RADIATION DOSE WOULD BE 
 24 

 1 RECONSTRUCTED OR ESTIMATED, GIVEN ALL THE 

 2 DIFFICULTIES THAT SURROUND THAT PROCESS. WE 

 3 WERE ALSO ASKED TO COME UP WITH GUIDELINES FOR 

 4 CALCULATING THE PROBABILITY THAT AN EMPLOYEE'S 

 5 CANCER WAS RELATED TO THE RECONSTRUCTED 

 6 RADIATION DOSE. THAT IS A JOB WHICH IS REALLY 

 7 DOL'S TO DO, BUT NIOSH WAS ASKED TO DEVELOP THE 

 8 GUIDELINES FOR HOW THAT COMPUTATION WOULD BE 

 9 DONE. WE WERE ALSO ASKED TO DEVELOP PROCEDURES 

 10 FOR EVALUATING AND DETERMINING PETITIONS FROM 

 11 EMPLOYEES WHO WISH TO BE ADDED TO THE SPECIAL 

 12 EXPOSURE COHORT AND WE'RE QUITE CLOSE TO HAVING 

 13 THOSE PROCEDURES AVAILABLE FOR PUBLIC COMMENT. 

 14 NIOSH ALSO HAS THE PRIMARY RESPONSIBILITY FOR 

 15 ACTUALLY DOING THE DOSE RECONSTRUCTIONS ON EACH 

 16 INDIVIDUAL CLAIM THAT COMES TO US FROM 

 17 DEPARTMENT OF LABOR. I CAN TALK MORE ABOUT 

 18 THAT. I EXPECT THAT THAT IS SOMETHING THAT YOU 

 19 HAVE AN INTEREST IN. WE RELY ON DOE'S 

 20 ASSISTANCE IN GATHERING THE KIND OF DATA WHICH 

 21 UNDERPINS REALLY AND SUPPORTS DOSE 

 22 RECONSTRUCTION ACTIVITIES. NIOSH HAS ALSO 

 23 ASKED TO APPOINT MEMBERS TO DOE'S PHYSICIAN 

 24 PANEL AND ALSO TO PROVIDE SUPPORT TO AN 

 25 ADVISORY BOARD, WHICH WAS CREATED IN THE ACT. 
 25 

 1 THE ADVISORY BOARD ON RADIATION AND WORKER 

 2 HEALTH. AND THAT BOARD HAS CERTAIN, VERY 

 3 SPECIFIC RESPONSIBILITIES; ONE OF WHICH IS TO 

 4 DEAL WITH PETITIONS FOR THE SPECIAL EXPOSURE 

 5 COHORT AND TO REVIEW WHAT NIOSH IS DOING WITH 

 6 THOSE RECONSTRUCTIONS. WE ISSUED THE FIRST 

 7 VERSION OF OUR REGULATIONS ON OCTOBER 5, 2001. 

 8 I THINK BEV MENTIONED RULE-MAKING IS DONE IN 

 9 THE LIGHT OF PUBLIC COMMENT AND WE DID GET 

 10 PUBLIC COMMENTS. WE CONSIDERED THEM AND 

 11 MODIFIED THE PROPOSED RULES WHERE APPROPRIATE 

 12 AND HAVE ISSUED FINAL RULES MAY 2ND, ACTUALLY 

 13 FAIRLY RECENTLY, A LITTLE OVER A MONTH AGO. WE 

 14 BEGAN RECEIVING CLAIMS FROM DEPARTMENT OF LABOR 

 15 ACTUALLY BEFORE THE RULES WERE, BEFORE MAY 2ND, 

 16 BECAUSE ONE OF THE RULES WAS AN INTERIM FINAL 

 17 RULE, SO WE WERE ABLE TO PROCEED WITH SOME DOSE 

 18 RECONSTRUCTIONS. AND AS PETE MENTIONED, WE 

 19 HAVE OVER FIVE THOUSAND CLAIMS THAT WE ARE 

 20 PROCEEDING WITH DOSE RECONSTRUCTIONS. THEY ARE 

 21 ALL IN VARIOUS PHASES AT THIS POINT. WE'VE 

 22 BEEN REQUESTING INFORMATION FROM DOE THROUGH 

 23 THE APPROPRIATE POINTS OF CONTACT AND WE'VE 

 24 GOTTEN RESPONSES ON SOME OF THOSE AND ARE 

 25 MOVING FORWARD. NIOSH IS CLEARLY STAFFING, 
 26 

 1 TAKING ON NEW RESPONSIBILITIES THAT ARE 

 2 SIGNIFICANTLY DIFFERENT THAN WHAT NIOSH, AS AN 

 3 AGENCY, HAS DONE OVER ITS THIRTY YEAR OR SO 

 4 HISTORY. WE ARE LOOKING FOR RATHER SUBSTANTIAL 

 5 CONTRACTOR SUPPORT TO HELP US START TO MOVE 

 6 THROUGH THE BACKLOG OF DOSE RECONSTRUCTION 

 7 CASES THAT ARE CONFRONTING US. AND HOPEFULLY, 

 8 WILL HAVE THAT CONTRACT IN PLACE WITHIN THE 

 9 NEXT MONTH OR SO AT WHICH POINT I THINK WE'LL 

 10 BE ABLE TO MAKE FAIRLY SUBSTANTIAL PROGRESS IN 

 11 TERMS OF RESOLVING MANY OF THESE DOSE 

 12 RECONSTRUCTIONS. I CAN OUTLINE BRIEFLY WHAT 

 13 GOES ON IN DOSE RECONSTRUCTION, MAYBE I SHOULD 

 14 DO THAT IN JUST A COUPLE OF MINUTES. ONCE WE 

 15 RECEIVE THE CLAIM FROM NIOSH WE SEND THE 

 16 CLAIMANTS AN ACKNOWLEDGEMENT LETTER AND I 

 17 SUPPOSE MANY OF YOU HAVE RECEIVED THAT, 

 18 ENCLOSED WITH A LITTLE REFRIGERATOR MAGNET THAT 

 19 YOU CAN WRITE YOUR NIOSH TRACKING NUMBER ON. 

 20 I'M SORRY WE GAVE YOU ANOTHER NUMBER IN 

 21 ADDITION TO YOUR SOCIAL SECURITY NUMBER, BUT IT 

 22 MAKES IT EASIER FOR US TO TRACK THINGS. WE 

 23 LIST SOME IMPORTANT CONTACT INFORMATION ON 

 24 THERE. HOW TO GET IN TOUCH WITH US, EITHER 

 25 TOLL FREE NUMBER OR DIRECT LINE TO OUR OFFICE. 
 27 

 1 WE ALSO GIVE YOU THE SITE WHERE YOU CAN GO ON 

 2 TO OUR WEBSITE. I WOULD ENCOURAGE THOSE OF YOU 

 3 THAT HAVE THAT CAPABILITY TO DO SO. IT 

 4 CONTAINS A LOT OF WHAT WE THINK IS FAIRLY 

 5 USEFUL INFORMATION TO CLAIMANTS, IT EXPLAINS 

 6 DOSE RECONSTRUCTION IN SOME DETAIL. YOU CAN 

 7 READ OUR RULES IF YOU CARE TO. AND THERE'S A 

 8 SECTION OF FREQUENTLY ASKED QUESTIONS, WHICH I 

 9 THINK CAN BE USEFUL TO HELP YOU UNDERSTAND WHAT 

 10 OUR PARTICULAR ROLE IS. THEN WE REQUEST 

 11 INFORMATION FROM THE APPROPRIATE DOE SITE. 

 12 ONCE WE GET THAT INFORMATION BACK, WE EVALUATE 

 13 IT TO SEE IF IT IS SUFFICIENT TO GO AHEAD AND 

 14 INITIATE A DOSE RECONSTRUCTION. IF NOT, THEN 

 15 WE NEED TO ASK FOR CLARIFICATION OR MORE 

 16 INFORMATION. WE SCHEDULE AN INTERVIEW WITH 

 17 EACH AND EVERY CLAIMANT. THAT IS A VERY 

 18 IMPORTANT PART OF OUR PROCESS BECAUSE WE FEEL 

 19 LIKE IN MANY CASES WHAT THE EMPLOYEE OR 

 20 SURVIVOR HAS TO TELL US IS GOING TO BE KEY IN 

 21 OUR EFFORTS TO ESTIMATE THE EMPLOYEE'S DOSE. 

 22 THAT IS AN IMPORTANT PART OF THE PROCESS. WE 

 23 REPORT BACK TO YOU WHAT WE THINK YOU SAID 

 24 DURING THE INTERVIEW AND GIVE YOU A CHANCE TO 

 25 VERIFY IT BEFORE WE GO ON TO THE NEXT STEP AND 
 28 

 1 THEN WE ATTEMPT TO DO A DOSE RECONSTRUCTION. 

 2 BASICALLY WHAT WE ARE TRYING TO COME UP WITH IS 

 3 ANNUAL DOSES TO THE ORGAN SITE WHERE THE CANCER 

 4 DEVELOPED. IT IS VERY IMPORTANT TO KNOW THAT 

 5 WE ARE BRINGING THE BEST POSSIBLE SCIENCE TO 

 6 THIS AND IT IS NOT JUST A LIFETIME SORT OF 

 7 ACCUMULATED DOSE. IT IS REALLY THE SPECIFIC 

 8 ANNUAL DOSE TO THE SITE WHERE YOUR CANCER 

 9 DEVELOPED, THAT IS WHAT IS REQUIRED AND THAT 

 10 CAN BE SOMEWHAT CHALLENGING OBVIOUSLY. WE HAVE 

 11 BUILT IN CERTAIN EFFICIENCY PROCESSES IN OUR 

 12 DOSE RECONSTRUCTION METHODS, WHICH PERMIT US TO 

 13 CEASE DOING FURTHER RESEARCH IF IT'S CLEAR THAT 

 14 THE CLAIM IS LIKELY TO BE COMPENSABLE. ON THE 

 15 OTHER SIDE, IF WE CAN ASSIGN WORSE CASE 

 16 ESTIMATES OF DOSE AND IF THAT WOULD NEVER GET 

 17 THE PERSON TO A COMPENSABLE POSITION THEN WE 

 18 FEEL LIKE IT IS TIME TO SPEND OUR RESOURCES IN 

 19 OTHER AREAS. THERE ARE SOME EFFICIENCY 

 20 PROCESSES WHICH WE HOPE WILL MAKE IT EASIER FOR 

 21 US TO COMPLETE THE MOST DOSE RECONSTRUCTIONS 

 22 POSSIBLE. AFTER WE HAVE DONE A DOSE 

 23 RECONSTRUCTION WE DEVELOP A REPORT AND WE SEND 

 24 IT DIRECTLY TO THE CLAIMANT. THEY GET A CHANCE 

 25 TO REVIEW IT AND ESSENTIALLY SAY WHETHER OR NOT 
 29 

 1 WE'VE CONSIDERED ALL RELEVANT INFORMATION. WE 

 2 HOLD A CLOSEOUT INTERVIEW WITH THE CLAIMANT TO 

 3 GIVE THEM A CHANCE TO TELL US IF WE'VE MISSED 

 4 ANYTHING, TO ANSWER ANY QUESTIONS ABOUT THE 

 5 REPORT THEY MIGHT HAVE. AND THEN ONCE THE 

 6 CLAIMANT IS SATISFIED WITH OUR DOSE 

 7 RECONSTRUCTION REPORT, THEY SIGN A FORM AND 

 8 TELL US THAT AND THE CLAIM GOES BACK TO 

 9 DEPARTMENT OF LABOR FOR FINAL ADJUDICATION. 

 10 THAT IS WHERE WE ARE, IN A NUTSHELL, AND BE 

 11 INTERESTED IN HEARING FROM YOU. 

 12 MR. LAWSON: THANK YOU, MR. SUNDIN. 

 13 BEFORE WE OPEN UP THE FLOOR FOR COMMENTS, LET 

 14 ME REVIEW BRIEFLY A COUPLE OF THE PROCEDURES, 

 15 GROUND RULES, SO THAT WE CAN HAVE AS MUCH INPUT 

 16 FROM AS MANY PEOPLE AS POSSIBLE. PLEASE 

 17 REMEMBER THAT THE INFORMATION ON THE STATUS OF 

 18 SPECIFIC CLAIMS WILL NOT BE DISCUSSED IN THIS 

 19 PUBLIC FORUM TO RESPECT THE PRIVACY OF 

 20 INDIVIDUALS OR FAMILY MEMBERS WHO ARE SEEKING 

 21 COMPENSATION. I REMIND YOU THAT THOSE OF YOU 

 22 WHO ARE SEEKING SUCH INFORMATION MAY VISIT THE 

 23 OAK RIDGE ENERGY EMPLOYEES COMPENSATION 

 24 RESOURCE CENTER LOCATED AT 800 OAK RIDGE 

 25 TURNPIKE SUITE C-103. HANDOUT MATERIAL, I 
 30 

 1 THINK, IS AVAILABLE AT THE REGISTRATION TABLE 

 2 THAT HAS THIS INFORMATION AND OTHER INFORMATION 

 3 THAT MAY BE HELPFUL TO YOU. PEOPLE ARE HERE 

 4 TONIGHT TO REGISTER YOU FOR A SPECIFIC 

 5 APPOINTMENT AT THE CENTER, IF YOU WISH. CAN 

 6 SOMEBODY TELL ME WHERE THOSE PEOPLE ARE? 

 7 GREAT. THANK YOU. ALSO, IF YOU WISH TO SPEAK, 

 8 GO TO ONE OF THE TWO MICROPHONES WE HAVE. ONE 

 9 IS OVER HERE AND ONE IS THERE. PLEASE BE 

 10 CONCISE SO THAT AS MANY OF YOUR NEIGHBORS AND 

 11 OTHER ATTENDEES MAY HAVE THE OPPORTUNITY TO 

 12 SPEAK AS WELL. REMEMBER ONLY ONE QUESTION PLUS 

 13 A FOLLOW-UP, IF IT IS NECESSARY, PER PERSON 

 14 UNTIL EACH PERSON WHO WISHES TO SPEAK HAS AN 

 15 INITIAL OPPORTUNITY TO DO SO. I WOULD ASK YOU 

 16 TO PLEASE HELP ALL OF US HERE UNDERSTAND YOUR 

 17 COMMENTS BY SPEAKING AS CLEARLY AS POSSIBLE AND 

 18 ONLY ONE PERSON SPEAKING AT A TIME SO THAT THE 

 19 PEOPLE WHO ARE SPEAKING ARE NOT INTERRUPTED OR 

 20 THAT ANYBODY SPEAKS OVER THEM. THERE IS A 

 21 STENOGRAPHER HERE IN FRONT OF ME, WHO IS JOAN 

 22 ROBERTS, SHE IS HERE TO RECORD YOUR COMMENTS 

 23 AND QUESTIONS, EVEN THOUGH THIS IS NOT A FORMAL 

 24 HEARING. IF ANY OF YOU HAVE BROUGHT A WRITTEN 

 25 COPY OF ANY COMMENTS OR THOUGHTS THAT YOU HAVE 
 31 

 1 THAT YOU WOULD LIKE TO LEAVE WITH US YOU CAN 

 2 EITHER HAND THEM TO ME OR HAND THEM TO SOMEBODY 

 3 AT THE REGISTRATION TABLE OUTSIDE AS YOU CAME 

 4 IN. WE HAVE NEARLY AN HOUR AND A HALF AND I 

 5 WOULD JUST ASK YOU TO BE AS CONCISE AS YOU 

 6 WOULD AND GIVE US YOUR NAME OR NOT. IT'S UP TO 

 7 YOU. 

 8 SPEAKER: MY NAME IS CONRAD STRIKE. I 

 9 WORKED AT Y-12 FOR THIRTY-FIVE YEARS IN WEAPONS 

 10 WORK. I HAVE A QUESTION AND A FOLLOW-UP. MY 

 11 QUESTION IS WHY WAS Y-12, X-10, ROCKY FLATS AND 

 12 A LOT OF THE OTHER PLACES EXCLUDED FROM THE 

 13 SPECIAL EXPOSURE COHORT WHEN WE WORKED AROUND 

 14 AS DANGEROUS, OR MORE DANGEROUS, MATERIALS THAN 

 15 ANY AT ANY OF THE GASEOUS DIFFUSION PLANTS. 

 16 WHY WERE WE EXCLUDED? WAS IT POLITICAL? 

 17 MR. LAWSON: MR. TURCIC. 

 18 MR. TURCIC: THE ORIGINAL LISTING OF 

 19 WHAT FACILITIES ARE COVERED BY THE SPECIAL 

 20 EXPOSURE COHORT ARE SPELLED OUT SPECIFICALLY IN 

 21 THE ACT SO THAT CONGRESS, WHEN THEY PASSED THE 

 22 ACT, SPECIFICALLY IDENTIFIED THE THREE GASEOUS 

 23 DIFFUSION PLANTS; AMCHITKA, AND AMCHITKA AS 

 24 SPECIAL EXPOSURE COHORTS AND THEN PROVIDED THE 

 25 PROVISION FOR ADDITIONS TO THE SPECIAL EXPOSURE 
 32 

 1 COHORT FOR GROUPS OF PEOPLE AND THAT GAVE NIOSH 

 2 THE RESPONSIBILITY TO DEVELOP THE PROCEDURE AND 

 3 THEN IT IS THE SECRETARY OF HEALTH AND HUMAN 

 4 SERVICES WOULD MAKE A DECISION TO ADD OTHER 

 5 FACILITIES OR GROUPS OF PEOPLE. BUT YES, THAT 

 6 WAS SPELLED OUT RIGHT IN THE ACT. 

 7 MR. LAWSON: HAVE THOSE OTHER FACILITIES 

 8 NOW BEEN ADDED? 

 9 MR. TURCIC: NO, NIOSH IS IN THE PROCESS 

 10 OF WORKING ON THE PROCEDURES TO ADD THOSE. 

 11 MR. LAWSON: FOLLOW-UP QUESTION? 

 12 SPEAKER: JUST IN FOLLOW-UP, YOU REALLY 

 13 HAVEN'T ANSWERED THE QUESTION. ALL YOU DID WAS 

 14 REFER TO AN ACT, WHICH MOST OF US DON'T HAVE 

 15 THE KNOWLEDGE OR ABILITY TO SIT DOWN AND READ 

 16 THROUGH SOME POLITICAL ACT THAT WAS ENACTED UP 

 17 IN WASHINGTON, DC. CAN YOU PERSONALLY TELL ME 

 18 WHY WE WERE EXCLUDED? 

 19 MR. TURCIC: I WAS NOT INVOLVED IN THAT 

 20 AND I CAN'T ADDRESS THAT. 

 21 MS. COOK: LET ME MAKE A COMMENT JUST 

 22 BECAUSE, LIKE I SAID, THIS IS PERSONAL FOR ME 

 23 TOO. THIS IS A VERY COMPLICATED LEGISLATION 

 24 AND THERE'S LOTS OF THINGS IN AND LOTS OF 

 25 THINGS OUT. WHAT I WOULD SUGGEST TO YOU IS 
 33 

 1 THAT THAT IS WHY THE STAFF FROM YOUR ELECTED 

 2 OFFICIALS OFFICES ARE SITTING OVER HERE TO HEAR 

 3 YOUR COMMENTS ON THIS. I REFERRED TO IT AS A 

 4 GOOD FIRST STEP AND I DO BELIEVE THAT'S A GOOD 

 5 FIRST STEP, BUT I THINK THERE IS MORE THINGS TO 

 6 BE CONSIDERED, BUT THIS IS WHERE THEY ENDED UP 

 7 IN THE LEGISLATION. 

 8 SPEAKER: WHAT IS LEGISLATION GOING TO 

 9 DO ABOUT IT? WE ARE SITTING HERE WAITING FOR 

 10 SOMETHING TO HAPPEN. A LOT OF US ARE DYING 

 11 WITH CANCER. I HAVE NON-HODGKINS LYMPHOMA AND 

 12 I MIGHT LIVE A YEAR, I MIGHT LIVE FIFTY YEARS, 

 13 I DON'T KNOW, BUT I DON'T HAVE TIME TO SIT 

 14 AROUND AND WAIT FOR POLITICIANS WHEN THIS CAN 

 15 BE CHANGED. THIS CAN BE CHANGED IF ENOUGH 

 16 PEOPLE ARE CONCERNED ABOUT OUR HEALTH TO DO 

 17 SOMETHING ABOUT IT INSTEAD OF SAYING IT IS IN 

 18 AN ACT. AN ACT IS NOT GOING TO GET IT. 

 19 MR. LAWSON: I THINK YOU ARE DOING 

 20 EXACTLY THE RIGHT THING BECAUSE YOUR COMMENTS 

 21 ARE BEING RECORDED AND THERE ARE MEMBERS OF THE 

 22 CONGRESSIONAL DELEGATION THAT ARE HEARING YOUR 

 23 COMMENTS. 

 24 SPEAKER: MY FOLLOW-UP WAS GOING TO BE 

 25 WILL THE Y-12, X-10 AND ROCKY FLATS, WILL SOME 
 34 

 1 OF THESE PLANTS BE POSSIBLY INCLUDED AND IF YOU 

 2 HAVE ALREADY BEEN THROUGH THE NIOSH THING AND 

 3 SOMETHING HAPPENS THERE, THEN YOU COME BACK 

 4 AND...? 

 5 MS. COOK: IF YOU DO YOUR DOSE 

 6 RECONSTRUCTION AND THE RESULTS COME OUT THEN IT 

 7 AUTOMATICALLY PUTS YOU BACK IN THE DOL PROGRAM. 

 8 THAT'S THE PART THAT GOES BACK IN. THE ONLY 

 9 THING, AGAIN I HAVE TO WORK WITHIN THE 

 10 LEGISLATION THAT IS THERE AS AN AGENCY, SO WHAT 

 11 I CAN DO IS EMPLOYMENT VERIFICATION TO GET YOUR 

 12 RECORDS TOGETHER AND ALL THAT KIND OF THING AND 

 13 HELP WITH STATE WORKERS COMP. BUT FOR 

 14 RADIATION INDUCED CANCERS, WE WORK AS HARD AS 

 15 WE CAN TO MAKE SURE THEY HAVE THE PROPER 

 16 BACKGROUND INFORMATION. AND I'M WATCHING VERY 

 17 CAREFULLY ON HOW THEY GET THE PROCEDURES IN 

 18 PLACE TO BE ABLE TO ADD OTHER SPECIAL COHORT 

 19 GROUPS SO THAT WE CAN DEAL WITH GROUPS THAT 

 20 MAYBE SHOULD BE BACK IN AS A SPECIAL COHORT. 

 21 SPEAKER: I APPRECIATE YOUR TIME AND 

 22 I'LL DEFER TO SOMEONE ELSE. THANK YOU. 

 23 MR. LAWSON: WE'LL TAKE THIS GENTLEMAN 

 24 AND THEN WE'LL GO OVER HERE. 

 25 SPEAKER: MY NAME IS ERNEST SHEPHERD, I 
 35 

 1 WORKED AT X-10 FOR TWENTY-SEVEN YEARS AND I 

 2 NOTICED ON YOUR OVERHEAD PROJECTOR YOU HAD 

 3 LISTED THERE ONE ITEM WAS RENAL DISORDER. WHAT 

 4 IS THAT? 

 5 MR. TURCIC: THAT IS RENAL DISEASE AND 

 6 RENAL DISEASE, AS I SAID, IS ONLY COVERED IN 

 7 THE DEPARTMENT OF LABOR PROGRAM FOR PEOPLE WHO 

 8 FALL UNDER THE RECA PROGRAM ADMINISTERED BY THE 

 9 DEPARTMENT OF JUSTICE. 

 10 MR. LAWSON: HE IS ASKING WHAT IS A 

 11 RENAL DISORDER. 

 12 MR. TURCIC: IT'S ANY RENAL DISEASE. 

 13 AUDIENCE: KIDNEYS. 

 14 SPEAKER: THAT IS WHAT I HAD, ONE 

 15 KIDNEY, RENAL DISORDER AND THEY REMOVED IT. IF 

 16 I HAVE ANOTHER ONE, I MAY HAVE TO COME SEE YOU 

 17 ALL. THANK YOU. 

 18 MR. LAWSON: THANK YOU, SIR. TAKE THIS 

 19 GENTLEMAN OVER HERE. 

 20 SPEAKER: WE ARE HONORED TO HAVE YOU 

 21 HERE. WE FEEL LIKE YOU ARE IMPORTANT PEOPLE 

 22 AND WE ARE GOING TO HAVE A FURTHER MEETING 

 23 INFORMATION PICKETING JULY 15TH AT FOUR P.M. 

 24 JACKSON PLAZA OFFICE COMPLEX AT 800 OAK RIDGE 

 25 TURNPIKE. THE OFFICE OF WORKER ADVOCACY. YOU 
 36 

 1 PROBABLY KNOW WHERE THAT IS. WE WOULD BE 

 2 HONORED IF YOU WOULD BE THERE. WE ARE MUCH 

 3 CONCERNED ABOUT THIS DOSE RECONSTRUCTION. IT 

 4 CAN'T BE DONE BECAUSE THERE IS NOT RECORDS AND 

 5 WE NEED ANOTHER WAY TO DO THIS. WE NEED TO DO 

 6 THE AFFIDAVIT ROUTE OR SOMETHING, SWEAR PEOPLE, 

 7 HIRE A BUNCH OF LAWYERS TO TAKE STATEMENTS, BUT 

 8 THE DOSE RECONSTRUCTION, THE INFORMATION IS NOT 

 9 THERE. WE HAVE PEOPLE IN THIS AUDIENCE WHO 

 10 WON'T BE HERE AT THE END OF THE YEAR TO HEAR 

 11 ABOUT WHAT HAPPENS, SO WE NEED ATTENTION NOW. 

 12 IT HAS BEEN STATED THAT ATTENTION WAS GOING TO 

 13 BE GIVEN BY THE END OF THE YEAR. A LOT OF 

 14 PEOPLE WON'T BE HERE AT THE END OF THE YEAR. 

 15 THANK YOU. 

 16 MS. COOK: LET ME COMMENT ON THAT. I 

 17 MENTIONED MY FRIEND IN IDAHO. WE WERE WAITING 

 18 FOR NIOSH TO GET THEIR RULES IN PLACE AND MANY 

 19 OF YOU KNOW WHAT THIS IS LIKE. WHEN YOU FIRST 

 20 GET CANCER YOU THINK YOU ARE GOING TO BEAT IT, 

 21 EVERYBODY THINKS THEY ARE GOING TO BEAT IT, YOU 

 22 HAVE TO BELIEVE YOU ARE GOING TO BEAT IT, BUT 

 23 THAT DAY COMES WHEN YOU KNOW YOU ARE NOT GOING 

 24 TO. SO WHEN HE FIRST APPLIED HE THOUGHT HE 

 25 COULD WAIT AND HE WAITED HIS TURN TO DO HIS 
 37 

 1 INTERVIEWS AND TALK, RIGHT, AND THEN THE DAY 

 2 CAME WHEN HE KNEW HE DIDN'T HAVE MUCH TIME LEFT 

 3 AND I TALKED TO MY STAFF AND WE IMMEDIATELY 

 4 CALLED NIOSH, THEY GOT ON THE PHONE AND CALLED 

 5 HIM UP AND STARTING DOING INTERVIEWS. HE IS 

 6 NOT LOOKING FOR MONEY, HE IS NOT LOOKING FOR 

 7 COMPENSATION OF ANY KIND, BUT WHAT HE DOES WANT 

 8 IS HE WANTS TO MAKE SURE THAT HIS RECORDS GET 

 9 INTO THAT DATA BASE. YOU HAVE CALLING OUT 

 10 THERE AND SOME OF YOU ARE LIKE THIS TOO. YOU 

 11 WANT TO MAKE SURE THE INFORMATION IS AVAILABLE. 

 12 DOSE RECONSTRUCTION IS GOING TO BE VERY 

 13 DIFFICULT, BUT I THINK AS WE WORK TOGETHER AS 

 14 CURRENT AND FORMER WORKERS WE START PULLING 

 15 TOGETHER THE HISTORY OF THESE FACILITIES AND 

 16 THE KIND OF WORK THAT WAS DONE AND THE KIND OF 

 17 DOSES THAT PEOPLE WERE EXPOSED TO THAT WE CAN 

 18 GET A WHOLE STORY TOGETHER, BUT IT IS GOING TO 

 19 BE DIFFICULT AND AT THE END OF THE DAY THERE 

 20 MAY BE TIMES WHEN WE TALKED ABOUT SPECIFIC 

 21 FACILITIES AND SPECIFIC OPERATIONS FOR WHICH WE 

 22 MAY HAVE TO GO SPECIAL COHORT ROUTE BECAUSE WE 

 23 CANNOT COME UP WITH A REAL CLEAR DOSE 

 24 RECONSTRUCTION. I THINK THERE'S GOING TO BE A 

 25 LOT OF VARIETY. PLEASE ENCOURAGE FOLKS, I KNOW 
 38 

 1 IT IS HARD TO DO IF YOU ARE SICK, BUT PLEASE 

 2 ENCOURAGE FOLKS WHO MAY NOT HAVE A LOT OF TIME 

 3 LEFT TO SPEAK UP SO THAT WE CAN GET THOSE 

 4 INTERVIEWS DONE WITH THOSE FOLKS AND MAKE SURE 

 5 THAT THEIR HISTORY GETS INTO THE DATA BASE TO 

 6 HELP OTHER FOLKS. 

 7 SPEAKER: THANK YOU. LOOK FORWARD TO 

 8 SEEING YOU LATER. 

 9 MR. LAWSON: I'LL TAKE THIS LADY OVER 

 10 HERE PLEASE. 

 11 SPEAKER: IF YOU THINK DOSE 

 12 RECONSTRUCTION IS DIFFICULT FOR THESE PEOPLE 

 13 NOW WHO ARE ILL, TRY TO DO IT FOR SOMEONE THAT 

 14 WORKED HERE ON THE ATOMIC BOMB IN 1944 AND '45, 

 15 WHICH WAS MY FATHER. WHEN I WAS SEVENTEEN I 

 16 NURSED MY FATHER THROUGH CANCER AND HE LIVED 

 17 FOR SIX MONTHS. HE HAD BONE CANCER, LUNG AND 

 18 LIVER. IT IS ALMOST IMPOSSIBLE FOR ME TO BRING 

 19 BACK ANY OF THOSE FACTS FROM 1944. I HAVE 

 20 DOCUMENTS THAT PROVE HE WAS HERE, THE 

 21 CONTRACTOR THAT HE WORKED WITH, BUT I DON'T 

 22 WANT TO TALK ABOUT A PARTICULAR CASE. EVERYONE 

 23 HERE IS SPECIAL, BUT THE THING THAT UPSETS ME 

 24 IS THAT WHEN THIS LAW FIRST BECAME A LAW OR AN 

 25 AMENDMENT, OR WHATEVER YOU WANT TO CALL IT, IN 
 39 

 1 JULY LAST YEAR MY SISTER AND I, I WAS A MINOR 

 2 AT THE TIME MY FATHER DIED, I WAS SEVENTEEN. I 

 3 WAS THE YOUNGEST OF NINE CHILDREN BORN IN 

 4 EXTREME POVERTY BECAUSE MY FATHER WAS ILL. MY 

 5 SISTER WAS THE ONLY ONE OF THE NINE OF US WHO 

 6 GOT TO GO TO COLLEGE AND THAT WAS BECAUSE OF A 

 7 FULL SCHOLARSHIP AND SHE GAVE UP THAT 

 8 SCHOLARSHIP TO COME HOME AND SEND ME THROUGH 

 9 HIGH SCHOOL BECAUSE DAD WAS DYING. BUT NOW WE 

 10 WERE THE FIRST IN LINE. WE WATCHED THIS COME 

 11 INTO BEING AND WE BOTH FILED FOR BENEFITS JULY 

 12 OF LAST YEAR BECAUSE WE BOTH QUALIFIED UNDER 

 13 THE MINOR AND THE FULL TIME COLLEGE STUDENT. 

 14 AND NOW THEY ARE SAYING, THE LATEST LETTER THAT 

 15 WE GOT, IS THAT WE ARE, WE MUST PROVIDE 

 16 INFORMATION CONCERNING EVERYONE ON ALL SEVEN OF 

 17 THE OTHER CHILDREN WHO WERE ON THEIR OWN AND 

 18 MARRIED AT THE TIME. I KNOW THIS SOUNDS 

 19 SELFISH, BUT MY FATHER WAS CONCERNED ABOUT US, 

 20 I REMEMBER HIM TELLING ME ON HIS DEATH BED THAT 

 21 HE WAS SO SORRY THAT HE WAS NOT GOING TO BE 

 22 ABLE TO RAISE ME AND YET I FILE AND WHY, THIS 

 23 IS MY QUESTION AND THIS IS THE END. MY SISTER 

 24 AND I FILED IN JULY OF LAST YEAR AND WE HAVE 

 25 HAD NOTHING POSITIVE SAID TO US. AND THEN WE 
 40 

 1 GET A LETTER THAT SAYS WE HAVE GOT TO RESEARCH 

 2 THE OTHER SEVEN CHILDREN AND GET ALL THAT 

 3 INFORMATION IN AND WE CAN'T DO THAT, THEY ARE 

 4 SCATTERED TO THE WINDS, AND I DON'T SEE WHY WE 

 5 SHOULD HAVE TO PROVIDE FOR AN AMENDMENT CHANGE 

 6 WHEN WE FILED UNDER THE OLD LAW. MY QUESTION 

 7 IS; WHY, SINCE WE FILED UNDER THE LAW AS A 

 8 MINOR AND A FULL TIME COLLEGE STUDENT, CAN WE 

 9 NOT GET ANY BENEFITS? 

 10 MR. LAWSON: LET'S SEE IF WE HAVE AN 

 11 ANSWER TO THAT. 

 12 MR. TURCIC: YOU WOULD STILL, THE ONLY 

 13 THING CHANGED IS THE AMENDMENT THAT I TALKED 

 14 ABOUT WAS PASSED IN DECEMBER AND IT WAS MADE 

 15 RETROACTIVE TO THE EFFECTIVE DATE OF THE LAW 

 16 WHICH WOULD BE JULY 31ST. 

 17 SPEAKER: EVEN IF YOU HAD ALREADY FILED. 

 18 MR. TURCIC: AND YOU WOULD BE ENTITLED 

 19 TO BENEFITS AND THE WAY THAT WOULD WORK WAS IF 

 20 WE WERE AWARE OF SAY FIVE POTENTIAL 

 21 BENEFICIARIES, WE WOULD NOT STOP PROCESSING IF 

 22 WE COULD NOT FIND SOME OF THEM, BUT WE WOULD GO 

 23 AHEAD AND PROCESS AND MAKE A DETERMINATION AS 

 24 IF WE KNEW WHERE ALL FIVE POTENTIAL CLAIMANTS 

 25 BECAUSE THE OTHER FOUR HAVE AN ENTITLEMENT TO 
 41 

 1 AN EQUAL SHARE. 

 2 SPEAKER: THEY DIDN'T WHEN I FILED MY 

 3 CLAIM. 

 4 MR. TURCIC: I'M SAYING BUT THE LAW WAS 

 5 MADE RETROACTIVE TO JULY 31ST. 

 6 SPEAKER: MY CLAIM WENT IN ON JULY 31ST. 

 7 MR. TURCIC: I UNDERSTAND THAT, BUT THE 

 8 LAW CHANGED. THERE WERE A LOT OF PEOPLE WHO 

 9 WERE NOT ELIGIBLE BECAUSE THEY WERE NOT MINORS 

 10 AT THE TIME THEY LOST THEIR PARENTS AND THAT 

 11 WAS THE SINGLE BIGGEST ISSUE THAT WE HEARD WHEN 

 12 WE WENT AROUND THE COUNTRY IN THESE HEARINGS. 

 13 SPEAKER: AND I'M ON THE OTHER SIDE OF 

 14 THE FENCE. 

 15 MR. TURCIC: AND THEN CONGRESS CHANGED 

 16 THAT IN DECEMBER TO DO AWAY WITH THE AGE 

 17 REQUIREMENT SO THAT A SURVIVOR, A SURVIVING 

 18 CHILD, DID NOT HAVE TO BE UNDER THE AGE OF 

 19 EIGHTEEN IN ORDER TO BE ELIGIBLE FOR BENEFITS 

 20 UNDER THE ACT. 

 21 SPEAKER: BUT I WAS AND NOW I'M NOT 

 22 GOING TO GET ANYTHING. 

 23 MR. LAWSON: LET ME JUST ASK A QUESTION 

 24 OF MR. TURCIC. IF THERE ARE OTHER PEOPLE IN 

 25 THE ROOM WHO ARE IN THE SAME SITUATION, WHAT 
 42 

 1 SHOULD THEY DO AT THIS POINT IF THEY FILED THE 

 2 CLAIM AND THEY DIDN'T GET ANY POSITIVE 

 3 RESPONSE? 

 4 MR. TURCIC: WHAT HAPPENS IS THAT ONCE 

 5 YOU GET TO THE POINT WHERE WE WOULD BE ISSUING 

 6 A RECOMMENDED APPROVAL, THEN THE NEXT STEP 

 7 WOULD BE TO SEND OUT WHAT WE CALL AN EN15 AND 

 8 THAT EN15 ASKS FOR SPECIFIC INFORMATION 

 9 RELATIVE TO ANY LAWSUITS THAT HAVE BEEN FILED 

 10 OR SETTLEMENTS AND ALSO OTHER POTENTIAL 

 11 CLAIMANTS. IF YOU HAD OTHER SIBLINGS. AND WE 

 12 WOULD JUST GO AHEAD AND PROCESS AS IF, AND THEN 

 13 IF YOU COULD SHOW THAT THAT INDIVIDUAL, THE 

 14 OTHER POTENTIAL CLAIMANT, WAS NOT -- 

 15 SPEAKER: WHY DOES THAT FALL MY BURDEN? 

 16 MR. TURCIC: THE PART THAT FALLS ON YOUR 

 17 BURDEN IS YOU WILL GET YOUR SHARE, IF YOUR 

 18 CLAIM WAS AWARDED, DID YOU SAY NINE KIDS? 

 19 SPEAKER: UH-HUH. 

 20 MR. TURCIC: YOU WOULD GET AN EQUAL 

 21 SHARE OF THAT. IF FOR SOME REASON SOME OF 

 22 THOSE OF YOUR OTHER EIGHT SIBLINGS -- 

 23 SPEAKER: WHO WERE NOT MINORS AT THE 

 24 TIME THEIR FATHER DIED. 

 25 MR. TURCIC: WELL, BUT THE LAW DOES NOT 
 43 

 1 REQUIRE THAT ANYMORE. THEN IF AT SOME POINT IN 

 2 TIME WE BECAME AWARE THAT THEY WERE NO LONGER 

 3 ELIGIBLE, FOR WHATEVER REASON, THEN YOUR SHARE 

 4 WOULD THEN GO UP, BUT THE LAW PROVIDES FOR 

 5 SPOUSE TAKES IT ALL OR EQUAL SHARE AMONG ALL 

 6 CHILDREN. 

 7 MR. LAWSON: TOMORROW WHAT SHOULD SHE 

 8 DO? 

 9 MR. TURCIC: THERE IS NOTHING THAT SHE 

 10 NEEDS TO DO. 

 11 SPEAKER: NO, IT'S JUST SETTING THERE 

 12 AND THAT'S WHAT THE LETTER SAID THAT I GOT FROM 

 13 YOU ALL. IS THAT NOTHING WILL BE DONE UNTIL I 

 14 CAN PROVIDE INFORMATION CONCERNING ALL OF MY 

 15 FATHER'S CHILDREN. WHY DOES THAT FALL MY 

 16 BURDEN? I WAS A MINOR, I WAS A CHILD, MY 

 17 FATHER DIED, I NURSED HIM UNTIL HE DIED AND YET 

 18 MY CLAIM IS SITTING DOING NOTHING. 

 19 MR. TURCIC: WE WILL LOOK INTO THAT, BUT 

 20 LIKE I'M SAYING, WHAT THE PROCESS IS IS THAT IF 

 21 WE BECOME AWARE OF OTHER POTENTIAL CLAIMANTS 

 22 THAT WE CANNOT FIND, WE WILL GO AHEAD AND 

 23 PROCESS IT AND GIVE YOU WHATEVER. 

 24 SPEAKER: NO, THEY ARE NOT. THEY SAID 

 25 THEY WOULD NOT PROCESS IT UNTIL I CAME UP WITH 
 44 

 1 ALL OF THE INFORMATION. 

 2 MR. TURCIC: YOU HAVE TO FILL OUT THE 

 3 FORM SAYING THAT IF THERE WERE OTHER POTENTIAL 

 4 CLAIMANTS. IF YOU SAY NO, YOU HAVE TO PROVIDE 

 5 ACCURATE AND TRUTHFUL INFORMATION. SO ALL YOU 

 6 ARE BEING ASKED FOR IS PROBABLY THE EN15, WHICH 

 7 SAYS ARE YOU AWARE OF ANY OTHER POTENTIAL, YOU 

 8 DON'T HAVE TO SAY WHERE THEY ARE. YOU DON'T 

 9 HAVE TO GET INTO ANY OF THAT, IF YOU DON'T KNOW 

 10 THAT. 

 11 MR. LAWSON: I WOULD JUST RECOMMEND THAT 

 12 YOU AND OTHER PEOPLE ON AN INDIVIDUAL CASE TO 

 13 TALK TO SOMEBODY AT THIS OFFICE THAT I 

 14 MENTIONED EARLIER. 

 15 MR. TURCIC: NO, I NEED TO CORRECT THAT. 

 16 IN SITUATIONS LIKE THAT THEY SHOULD NOT BE 

 17 GOING BACK TO THE RESOURCE CENTER ON CASE 

 18 SPECIFIC CLAIMS. THEY NEED TO TALK TO THE 

 19 DISTRICT OFFICE, WHICH HAS THEIR CLAIM 

 20 INFORMATION. THE RESOURCE OFFICE HERE DOES NOT 

 21 HAVE THEIR CLAIM. 

 22 MR. LAWSON: SO THE DISTRICT OFFICE IS 

 23 JACKSONVILLE? 

 24 MR. TURCIC: THAT'S CORRECT. 

 25 MR. LAWSON: DOES EVERYONE HAVE THE 
 45 

 1 INFORMATION? IF YOU DON'T HAVE IT, MAKE SURE 

 2 YOU GET IT BEFORE YOU LEAVE. I'M TRYING TO BE 

 3 FAIR AND MAKE SURE EVERYONE HAS A CHANCE TO ASK 

 4 THEIR QUESTION. I'M GOING TO PLEASE ASK YOU TO 

 5 BE AS CONCISE ON BOTH SIDES AS POSSIBLE. YES, 

 6 PLEASE, MA'AM. 

 7 SPEAKER: YES, I'M FANNIE BALL AND I 

 8 WORKED AT K-25 AND Y-12. I HAVE FILED MY 

 9 CLAIMS, I HAVE BEEN TO DIFFERENT DOCTORS AND 

 10 EVERYTHING. I HAVE RECEIVED DIFFERENT 

 11 INFORMATION. WHAT I'M VERY MUCH CONCERNED 

 12 ABOUT, I WAS ONE OF THE PEOPLE THAT SPOKE IN 

 13 WASHINGTON THAT SENT DR. MICHAELS, SENATOR 

 14 THOMPSON AND ALL THE REST AND THE DOCTOR THAT 

 15 THEY HAD THERE AND HE SAID THEN THAT THE BURDEN 

 16 WOULD NOT BE ON THE EMPLOYEE. THE ONLY THING 

 17 HE NEEDED TO KNOW WAS WHERE YOU WORKED AT AND 

 18 HE COULD GO FROM THERE. THAT IS MY FIRST 

 19 QUESTION. AND I WOULD LIKE TO KNOW, SINCE 

 20 NIOSH HAS GOTTEN INTO IT, WHAT HAS HAPPENED TO 

 21 THOSE DECISIONS THAT PRESIDENT CLINTON SIGNED. 

 22 MS. COOK: I GUESS I DON'T KNOW TO WHAT 

 23 YOU'RE REFERRING. YOU ARE TALKING ABOUT THE 

 24 FIRST PART OF THAT WAS YOUR CLAIM. 

 25 SPEAKER: WHEN IT WAS FIRST PASSED WE 
 46 

 1 WENT AND SPOKE IN THE SENATE TO ALL THE 

 2 OFFICIALS. IT WAS PASSED ON TO RICHARDSON BY 

 3 DR. MICHAELS. IT WAS PASSED ON TO PRESIDENT 

 4 CLINTON AND HE SIGNED IT BEFORE HE LEFT OFFICE. 

 5 AND THIS WAS OUR UNDERSTANDING WHEN WE LEFT 

 6 WASHINGTON THAT THIS IS THE WAY IT WOULD BE 

 7 CARRIED OUT. BUT IT HAS BEEN CARRIED OUT 

 8 ALTOGETHER DIFFERENT. THE SICK PEOPLE, I'M A 

 9 VERY SICK PERSON AND IF YOU WORK IN A PLACE 

 10 SIXTEEN AND A HALF YEARS WITH ALL THE CHEMICALS 

 11 THERE ARE, YOU KNOW YOU ARE INFECTED. EITHER 

 12 THE DOCTORS HAVE ALZHEIMER'S, OR SOMEONE HAS 

 13 IT, BECAUSE THEY ARE FORGETTING TO WRITE OUT 

 14 THE REPORTS. AND THEY SAY YOU ALL ARE NOT 

 15 READING THEM RIGHT. I WANT TO KNOW WHAT IS 

 16 GOING ON BECAUSE, AS HAS BEEN SAID HERE SEVERAL 

 17 TIMES, SOME OF US MIGHT NOT LIVE THAT YEAR TO 

 18 WAIT UNTIL YOU ALL GET THROUGH POKING THROUGH 

 19 WHAT YOU HAVE ALREADY POKED THROUGH. IT IS 

 20 TIME NOW TO FACE UP. I JUST GOT BACK FROM 

 21 RUSSIA, EVEN OVER THERE THEY HAVE OWNED UP TO 

 22 THEIR RESPONSIBILITIES AND I CANNOT SEE WHY WE 

 23 CANNOT OWN UP TO OURS. YOU ALL KNOW WE ARE 

 24 SICK, WE ARE DESERVING. THANK YOU VERY MUCH. 

 25 MR. LAWSON: IS THERE A BRIEF RESPONSE? 
 47 

 1 SPEAKER: I DON'T NEED A RESPONSE. 

 2 MR. LAWSON: THIS NEXT LADY OVER HERE 

 3 PLEASE. 

 4 SPEAKER: MY NAME IS JANINE ANDERSON, I 

 5 LIVE IN MARYVILLE, TENNESSEE. I'M A FORMER 

 6 ADMINISTRATIVE ASSISTANT AT THE K-25 SITE WHERE 

 7 I WORKED IN THE PAYROLL AND THE ADMINISTRATIVE 

 8 OFFICES. THE THOUSAND ONE BUILDING AND ALSO 

 9 THE THOUSAND SEVEN. I HAVE DONE A LOT OF WORK 

 10 FOR THE PAST FOUR TO FIVE YEARS TRYING TO HELP 

 11 GET THIS LEGISLATION PASSED, GOING BACK AND 

 12 FORTH TO WASHINGTON WITH ONE OF THE HEALTH 

 13 GROUPS HERE IN OAK RIDGE, COALITION FOR HEALTHY 

 14 ENVIRONMENT. I HAVE A COUPLE OF ISSUES THAT I 

 15 WOULD LIKE TO ASK THE PANEL QUESTIONS ON. 

 16 FIRST OF ALL, I WOULD LIKE TO REFER TO THE 

 17 MARCH 31, 2000 NATIONAL ECONOMIC COUNCIL REPORT 

 18 AND I WANT TO KNOW IF ANY OF YOU HERE ARE 

 19 FAMILIAR WITH THAT REPORT. 

 20 MS. COOK: YES. 

 21 MR. TURCIC: I WAS ON THAT REVIEW. 

 22 SPEAKER: ARE YOU PETER? BECAUSE I CAME 

 23 IN LATE. 

 24 MR. TURCIC: YES. 

 25 SPEAKER: MY MAIN QUESTION WOULD BE WHAT 
 48 

 1 PART OF THIS REPORT DID YOU NOT UNDERSTAND 

 2 WHERE IT STATES THROUGH ITS ENTIRETY THAT THE 

 3 SUBTITLE D OR THE MAJOR NUMBER OF EXPOSED 

 4 WORKERS UNDER THE TOXIC SUBSTANCES THAT IT 

 5 WOULD NOT BE APPROPRIATE TO APPLY THE STATE 

 6 WORKERS COMPENSATION TO THE ILLNESSES THAT 

 7 THESE PEOPLE HAVE DEVELOPED AS A RESULT OF 

 8 THEIR EXPOSURES AT ALL THE FACILITIES ACROSS 

 9 THIS COUNTRY. IT IS VERY CLEAR TO ME AFTER 

 10 STUDYING THIS REPORT OVER THE PAST YEAR THAT 

 11 THIS REPORT THAT WAS WRITTEN AND FROM DR. DAVID 

 12 MICHAELS AND IT WAS ASKED TO BE DONE BY THE 

 13 PRESIDENT AND TASKED TO THE NATIONAL ECONOMIC 

 14 COUNCIL INDICATES THAT THE STATE WORKERS COMP, 

 15 BECAUSE OF REASONS YOU MUST KNOW, WILL NOT 

 16 WORK. 

 17 MS. COOK: SUBTITLE D IS ACTUALLY DOE'S 

 18 PART OF IT. YES, I HAVE READ THE REPORT AND 

 19 I'VE ALSO READ THE LEGISLATION AND I ALSO KNOW 

 20 WHAT BOX I'M IN. AND THE LEGISLATION SAYS MY 

 21 JOB IS TO ASSIST PEOPLE THAT APPLIED FOR STATE 

 22 WORKERS COMP. WE HAVE LOOKED AT ALL THE 

 23 COMMENTS WE HAVE GOT ON OUR INITIAL RULE. I 

 24 THINK AS SOON AS IT COMES OUT HERE, OF COURSE 

 25 WE'RE IN THE LAST STAGES OF IT, I THINK THAT 
 49 

 1 EVERYONE WILL BE PLEASED ABOUT HOW WE ARE 

 2 MOVING FORWARD WITH THE PHYSICIANS PANEL AND 

 3 HOW WE'RE DOING JUDGMENTS AND TRYING TO USE 

 4 SOME UNIFORM STANDARD TO LOOK AT HOW WE JUDGE 

 5 THE ILLNESSES THAT ARE OUTSIDE THE SPECIAL 

 6 ILLNESSES, THE OTHER TOXIC ILLNESSES. BUT THE 

 7 FACT OF THE MATTER IS THEN WHAT HAPPENS IS IT 

 8 ROLLS TO STATE WORKERS COMP. AND AGAIN THAT IS 

 9 SOMETHING THAT WE WILL HAVE TO TALK ABOUT WITH 

 10 AMENDMENTS TO THE LEGISLATION IF THAT IS NOT 

 11 WHERE PEOPLE WANTED TO GO, BUT IN FACT, 

 12 SUBTITLE D SAYS ASSIST PEOPLE TO APPLY FOR 

 13 STATE WORKERS COMP. 

 14 SPEAKER: I WOULD LIKE TO COMMENT THAT 

 15 APPROXIMATELY NINETY TO NINETY-FIVE PERCENT OF 

 16 THE AFFECTED WORKERS IN THIS COUNTRY WOULD FALL 

 17 UNDER SUBTITLE D UNDER THE TOXIC EXPOSURE PART 

 18 OF THIS LEGISLATION AND THEY WILL NOT RECEIVE 

 19 COMPENSATION UNDER STATE WORKERS COMPENSATION. 

 20 THAT IS A TOTALLY ADVERSARIAL PROCESS AND, AS 

 21 YOU KNOW FROM STUDYING THE NEC REPORT, IT WILL 

 22 NOT WORK AND THAT IS MY LAST COMMENT ON THAT. 

 23 THE LEGISLATION, IN MY MIND, WILL HAVE TO BE 

 24 TOTALLY REWRITTEN TO COVER THE LARGEST GROUP OF 

 25 AFFECTED WORKERS. THE SECOND THING I WOULD 
 50 

 1 LIKE TO COMMENT IS VERY CRITICAL AND IT IS 

 2 REGARDING DOSE RECONSTRUCTION AT THE OAK RIDGE 

 3 FACILITIES. AND I WOULD LIKE TO QUOTE A LETTER 

 4 DATED OCTOBER 11, 1991. IT IS ON MARTIN 

 5 MARIETTA LETTERHEAD AND IT IS ADDRESSED TO 

 6 DR. D.L. CRAGLE, (PHOENETIC) WHO AT THAT TIME 

 7 WAS THE DIRECTOR OF THE CENTER FOR 

 8 EPIDEMIOLOGIC RESEARCH HERE IN OAK RIDGE. IT 

 9 IS SIGNED BY FRED R. MYNATT, WHO WAS THE VICE 

 10 PRESIDENT OF COMPLIANCE, EVALUATIONS AND 

 11 POLICY. IT SAYS; DEAR DR. CRAGLE, IT IS OUR 

 12 UNDERSTANDING THAT THE WORKER RADIATION 

 13 EXPOSURE DATA PREVIOUSLY PROVIDED TO THE OAK 

 14 RIDGE ASSOCIATED UNIVERSITIES BY MARTIN 

 15 MARIETTA ENERGY SYSTEMS INCORPORATED AND ITS 

 16 PREDECESSOR, UNION CARBIDE, ARE BEING, AND HAVE 

 17 BEEN, USED FOR EPIDEMIOLOGICAL STUDIES. RECENT 

 18 REVIEWS INDICATE THAT THIS DATA MAY NOT TOTALLY 

 19 OR ACCURATELY REFLECT THE ACTUAL EXPOSURE OF 

 20 THE INDIVIDUAL. THE DEPARTMENT OF ENERGY, DOE, 

 21 ORDER ADDRESSING WORKER EXPOSURE CHANGED 

 22 DRASTICALLY IN 1989 BY REQUIRING THE SUMMATION 

 23 OF INTERNAL AND EXTERNAL DOSES. PRIOR TO THAT 

 24 TIME BIOASSAY MEASUREMENTS WERE NOT ASSESSED IN 

 25 TERMS OF AN INTERNAL DOSE. RESULTS WERE SIMPLY 
 51 

 1 COMPARED WITH AN ACCEPTABLE VALUE AND NO ACTION 

 2 WAS TAKEN IF THEY WERE BELOW THAT VALUE. 

 3 REPORTING OF THESE RESULTS WAS NOT REQUIRED. 

 4 THE OAK RIDGE NATIONAL LABORATORY HAS BEEN 

 5 REASSESSING MANY PREVIOUS INTERNAL EXPOSURES IN 

 6 LIGHT OF THE CURRENT DOE ORDER AND HAS FOUND 

 7 THAT DATA STORED ON THE HISTORY TAPES PROVIDED 

 8 TO ORAU MAY BE INADEQUATE FOR DOSE ASSESSMENT. 

 9 USE OF THE ORIGINAL HARD COPIES OF BIOASSAY 

 10 RESULTS WAS FOUND TO BE NECESSARY. DATA STORED 

 11 ON THE HISTORY TAPES PRIOR TO 1989, 

 12 PARTICULARLY THOSE ASSOCIATED WITH INTERNAL 

 13 EXPOSURES, WERE FOR COMPLIANCE PURPOSES ONLY 

 14 AND MAY NOT BE SUFFICIENT FOR DOSE ASSESSMENT. 

 15 EXTERNAL EXPOSURE DATA ON THESE HISTORY TAPES 

 16 HAVE RECENTLY BEEN FOUND TO CONTAIN ERRORS, 

 17 INCORRECT ENTRIES AND TRANSPOSED FIELDS WERE 

 18 DISCOVERED IN THE DATA BASE. CORRECTIONS TO 

 19 THESE PROBLEMS ARE CURRENTLY UNDERWAY AT ORNL, 

 20 K-25 AND Y-12 AND PADUCAH. PORTSMOUTH DOES NOT 

 21 STORE THEIR HISTORICAL DATA ON THIS TAPE. IN 

 22 VIEW OF THIS LETTER HERE, IN MY ESTIMATION, ANY 

 23 DOSE RECONSTRUCTION THAT WOULD BE USED TO 

 24 ASSESS THE AMOUNT OF RADIATION EXPOSURE FOR THE 

 25 OAK RIDGE WORKERS WOULD NOT BE ADEQUATE FOR YOU 
 52 

 1 TO DECIDE WHO GOT A CERTAIN TYPE OF, QUOTE, 

 2 RADIATION-INDUCED CANCER THAT WOULD BE COVERED 

 3 UNDER THIS COMPENSATION BILL. THANK YOU. 

 4 MR. LAWSON: THANK YOU. BEFORE YOU 

 5 LEAVE, ANYBODY WHO HAS INFORMATION THAT THEY 

 6 HAVE REFERRED TO, OR DOCUMENTS THAT THEY HAVE, 

 7 IF THEY COULD, TONIGHT IF POSSIBLE, BUT AS SOON 

 8 AS POSSIBLE, PROVIDE US WITH A COPY OF THAT AND 

 9 THAT WILL MAKE THE RECORD THAT MUCH MORE 

 10 COMPLETE AND SUPPLEMENT WHAT THE STENOGRAPHER 

 11 IS ABLE TO TAKE. ANY COMMENTS ON THAT? 

 12 MR. SUNDIN: JUST A BRIEF COMMENT. I 

 13 UNDERSTAND THE ISSUE THAT WAS RAISED AND THAT 

 14 IS A CONCERN ABOUT THE QUALITY, COMPLETENESS, 

 15 ACCURACY OF DOE RECORDS, BUT I WOULD POINT OUT 

 16 THAT FROM THE STANDPOINT OF WHAT WE DO WITH THE 

 17 INFORMATION IT IS A STARTING POINT AND WE HAVE 

 18 TO START SOMEWHERE. AND THE RECORDS SYSTEMS 

 19 HAVE CHANGED AND THEY VARY FROM SITE TO SITE. 

 20 BUT OUR JOB IS NOT REALLY A RESEARCH EFFORT SO 

 21 MUCH AS IT IS AN APPROXIMATION. WE ALSO 

 22 INVOLVE THE CLAIMANT, WE WILL INTERVIEW 

 23 COWORKERS, OUR DOSE RECONSTRUCTIONISTS NEED TO 

 24 GET A PICTURE OF WHAT THE ENVIRONMENT WAS LIKE. 

 25 WE ALSO ARE AWARE OF DETECTION LIMITS FOR OLDER 
 53 

 1 TECHNOLOGIES, WE CAN IMPUTE MISSED DOSE TO 

 2 INDIVIDUALS. UNCERTAINTY IN DOSE ESTIMATES 

 3 FAVORS THE CLAIMANT IN THIS PROGRAM. THE 

 4 MODELS ARE BUILT THAT WAY SPECIFICALLY TO 

 5 ACCOMMODATE THE ISSUE THAT YOU RAISED AND THAT 

 6 IS THAT THERE ARE QUESTIONS ABOUT THE ACCURACY 

 7 OF SOME OF THIS DATA. 

 8 SPEAKER: FROM WHAT YOU JUST SAID AS FAR 

 9 AS THE ESTIMATES WOULD BE IN THE CLAIMANTS' 

 10 FAVOR, THEN IN MY ESTIMATION, EVERYONE WHO 

 11 FILES A CLAIM FOR THE RADIATION-INDUCED CANCERS 

 12 SHOULD BE COVERED BECAUSE YOU HAVE NO PROPER 

 13 DOSE RECONSTRUCTION FOR THOSE EMPLOYEES. 

 14 MR. LAWSON: I'D LIKE TO ASK THIS 

 15 GENTLEMAN TO SPEAK NEXT. BY THE WAY, I SHOULD 

 16 HAVE MENTIONED THIS EARLIER. I DO HAVE A 

 17 ROVING MIKE IF THERE IS SOMEBODY WHO IT IS 

 18 DIFFICULT TO GET UP TO THE MICROPHONE, IF YOU'D 

 19 LIKE TO SPEAK, JUST RAISE YOUR HAND AND WE CAN 

 20 BRING A MIKE TO YOU. THIS GENTLEMAN, PLEASE. 

 21 SPEAKER: THANK YOU. I GOT A COPY FOR 

 22 EACH ONE OF THE MEMBERS OF THE PANEL WHEN I GET 

 23 THROUGH, IF IT IS ALL RIGHT TO GIVE TO THEM. 

 24 MR. LAWSON: PLEASE. 

 25 SPEAKER: MY NAME IS CURTIS ESKRIDGE AND 
 54 

 1 I WORKED AT K-25 A TOTAL OF TWENTY-SEVEN AND A 

 2 HALF ACTIVE YEARS. A TOTAL OF THIRTY-FOUR 

 3 YEARS WITH RETIREMENT. AND I HAD TO COME OUT 

 4 BECAUSE I WAS ILL WITH KIDNEY DISEASE. I HAD 

 5 GOTTEN EXPOSURE TO HEAVY METALS AND LOST BOTH 

 6 MY KIDNEYS WHILE EMPLOYED AT K-25. 

 7 FORTUNATELY, MY SON AND DAUGHTER, THEY MATCHED 

 8 AND I RECEIVED A KIDNEY FROM MY SON. AND I WAS 

 9 EXPOSED TO URANIUM, HEAVY METALS AND I WORKED 

 10 IN THE PROCESS BUILDINGS AND OTHER BUILDINGS 

 11 AND A LOT OF TIME WE DID SAMPLING AND I WORKED 

 12 ALL OVER AND WE DID SAMPLING IN 1423 AND EVERY 

 13 TIME YOU WOULD DO SAMPLING, EVEN IF YOU WAS 

 14 CAREFUL AS YOU COULD BE, YOU WOULD ALWAYS GET 

 15 THIS PUFF OF SMOKE, WHICH WAS CONTAMINATION. 

 16 AND ALSO THAT AFTER WORKING THERE FOR A WHILE I 

 17 WAS OVER IN K-33 BUILDING FOR A NUMBER OF 

 18 YEARS. I WAS A CONTROL ROOM OPERATOR AND I WAS 

 19 ALSO A BUILDING OPERATOR AND I WAS EXPOSED TO 

 20 HEAVY METALS AND THEY KEPT ME OUT OF THE 

 21 BUILDING FOR TWO WEEKS, BUT THE INTENTION WAS 

 22 TO KEEP ME OUT LONGER. BUT THE WORK FORCE GOT 

 23 LOW AND I COULD NOT EVEN GO OUT IN THE BUILDING 

 24 TO GO BACK TO WHERE THEY KEPT THE ROOM WHERE 

 25 YOU GO TO GET REFRESHMENTS. I HAD TO STAY UP 
 55 

 1 FRONT. BUT THEN THE WORKLOAD BECAME HEAVY AND 

 2 THEY CUT THE TIME DOWN TO TWO WEEKS AND I WAS 

 3 RIGHT BACK OUT THERE IN THE BUILDING AGAIN. 

 4 AND I WORKED THERE UNTIL BASICALLY UNTIL I 

 5 RETIRED FROM OUT THERE. BUT MY THING IS THAT, 

 6 AND I UNDERSTAND THAT THE URANIUM WORKERS 

 7 COVERED BY RADIATION EXPOSURE COMPENSATION ACT 

 8 ARE COMPENSATED FOR A KIDNEY AND I DID LOSE 

 9 BOTH KIDNEYS AND, LIKE I SAY, IF IT HAD NOT 

 10 BEEN FOR MY CHILDREN, I STILL BELIEVE THAT I 

 11 WOULD BE ON DIALYSIS TODAY. IF A PERSON HASN'T 

 12 EVER BEEN ON DIALYSIS OR HADN'T EVER HAD ANY 

 13 KIND OF KIDNEY FAILURE, I'M GOING TO TELL YOU 

 14 IT IS A DIFFERENT WORLD TO LIVE IN BECAUSE WHEN 

 15 IT HAPPENED TO ME I ALWAYS THOUGHT I WAS THE 

 16 STRONGEST PERSON AROUND, BUT WHEN IT HAPPENED 

 17 TO ME IT WAS JUST LIKE SOMEBODY PICKED THE 

 18 WORLD UP AND DROPPED IT ON TOP OF ME. AND 

 19 RIGHT NOW THERE HADN'T BEEN ANY COMPENSATION 

 20 FOR IT BECAUSE IT HAD NOT BEEN IN THE ACT OF, 

 21 I'M HOPING THAT IT WILL BE SIMPLE TO ADD 

 22 CHRONIC RENAL DISEASE TO THE LIST OF COVERED 

 23 DISEASES FOR THE LUMP SUM THAT HAS BEEN 

 24 OFFERED. ALSO TO DO OTHERWISE IS UNFAIR TO THE 

 25 REST OF US BECAUSE WE ALL HAD A JOB TO DO DOWN 
 56 

 1 THERE. AND I THINK, PERSONALLY I THINK THAT I 

 2 DONE MY JOB WELL BECAUSE IF YOU DIDN'T YOU ARE 

 3 NOT GOING TO STAY ON THE JOB FOR THIRTY 

 4 SOMETHING YEARS IF YOU HAVEN'T DONE A GOOD JOB. 

 5 AND I BELIEVE THAT THIS SHOULD BE ADDED TO THE 

 6 LIST OF THE DISEASES THAT WE HAVE BECAUSE I 

 7 KNOW THERE IS OTHER PEOPLE THAT HAS HAD KIDNEY 

 8 FAILURE. AS A MATTER OF FACT, I SEE ONE OF MY 

 9 COWORKERS SITTING OVER THERE IN THE CORNER, 

 10 JAMES HUGHES, THAT SINCE I HAVE BEEN GONE HAS 

 11 LOST HIS KIDNEYS. AND ALL WE ARE ASKING FOR IS 

 12 THE GOVERNMENT OR CONGRESS CAN FIT IT IN THEIR 

 13 PROGRAM TO TAKE CARE OF THIS FOR THE REST OF 

 14 US. I URGE CONGRESS TO ADD THIS TO COVER THE 

 15 DISEASES THAT WE MIGHT INCUR DOWN THERE. I 

 16 DON'T HAVE ANY REGRETS OF WORKING THERE BECAUSE 

 17 IT WAS A JOB THAT TOOK CARE OF MY FAMILY AND I 

 18 WOULD JUST LIKE TO BE ABLE TO SAY, HEY, THEY 

 19 THOUGHT ABOUT THE ONES THAT LOST KIDNEYS AS 

 20 WELL AS THE OTHER DISEASES. THANK YOU. 

 21 MR. LAWSON: THANK YOU, SIR. DON'T 

 22 FORGET TO HAND IN THAT, IF YOU WOULD PLEASE. 

 23 YES, SIR, PLEASE. 

 24 SPEAKER: YES, SIR, I'M JERRY TUDOR AND 

 25 I WOULD LIKE TO THANK CONGRESSMAN WAMP'S OFFICE 
 57 

 1 FOR HAVING YOU ALL HERE TONIGHT. MY QUESTION 

 2 WOULD GO TO NIOSH. WHEN CONGRESS PASSED THIS 

 3 BILL THEY STATED THAT NINETY-EIGHT PERCENT OF 

 4 THE CANCERS WERE CAUSED AT BELOW TODAY'S 

 5 STANDARDS, SAFE STANDARDS I BELIEVE IS THE 

 6 WORDS THEY USED. HOW CAN A DOSE 

 7 RECONSTRUCTION, ARE YOU GOING TO COMPENSATE 

 8 PEOPLE IF THEY ARE BELOW SAFE STANDARDS? 

 9 MR. SUNDIN: WELL, SURE, IF THE DOSE 

 10 RECONSTRUCTION AND THE TYPE OF CANCER AND WHEN 

 11 THE CANCER ORIGINATED LEADS TO A PROBABILITY 

 12 CAUSATION OF FIFTY PERCENT OR GREATER, THEN THE 

 13 FACT THAT THOSE EXPOSURES WERE AT WHAT WAS 

 14 REGARDED AS SAFE LEVELS REALLY HAS NO BEARING 

 15 ON THIS COMPENSATION DECISION. 

 16 SPEAKER: YEAH, BUT WHAT YOU PUT INTO 

 17 YOUR PROGRAM ON THE COMPUTER PROGRAM IS 

 18 DETERMINED BY WHAT RECORDS YOU RECEIVE FROM 

 19 DOE, IS THAT NOT RIGHT? 

 20 MR. SUNDIN: IN PART. 

 21 SPEAKER: IF YOU ARE GOING BY THEIR 

 22 STANDARDS, HOW CAN CONGRESS SAY NINETY-EIGHT 

 23 PERCENT OF THE CANCERS WERE CAUSED BY BELOW 

 24 SAFE STANDARDS? 

 25 MR. SUNDIN: DOE RECORDS, WE WOULD TAKE 
 58 

 1 WHATEVER WE GET FROM DOE, INCLUDING REPORTED 

 2 RESULTS OF BELOW PROTECTION STANDARDS AND DOE 

 3 DOES REPORT DATA THAT WAY. 

 4 MS. COOK: LET ME TALK ABOUT MY RECORDS 

 5 BECAUSE I HAVE RECORDS, I HAVE TWENTY-SEVEN 

 6 YEARS OF RECORDS, JUST LIKE THE REST OF YOU. I 

 7 HAVE ALL MY RECORDS, IT DOES NOT MATTER, I WAS 

 8 NEVER IN THE POSITION, ALTHOUGH I DID KNOW A 

 9 LOT OF PEOPLE, I WORKED LOTS OF HOT CELLS, BUT 

 10 I WAS NEVER IN A POSITION WHERE THEY SAID YOU 

 11 CAN'T GO IN THE FACILITY, MA'AM, BECAUSE YOU 

 12 HIT YOUR LIMIT. NEVER. BUT I DO HAVE 

 13 TWENTY-SEVEN YEARS OF RECORDS. IF I GET SICK, 

 14 ALL TWENTY-SEVEN YEARS OF RECORDS, ALL OF 

 15 THOSE, WILL GO IN THERE. AND ALSO RECORDS OF 

 16 THE FACILITIES THAT I WAS IN AND WHAT ELSE WENT 

 17 ON IN THOSE FACILITIES WOULD ALSO GO INTO WHAT 

 18 THEY USE AND WHAT THEY UTILIZE. BECAUSE YOU 

 19 DIDN'T HIT THE LIMIT DOES NOT MEAN IT DOES NOT 

 20 GO INTO PART OF HOW THEY DO THE DOSE 

 21 RECONSTRUCTION AND HOW THEY DETERMINE 

 22 CAUSATION. 

 23 MR. LAWSON: THANK YOU. THIS LADY OVER 

 24 HERE PLEASE. 

 25 SPEAKER: THANK YOU VERY MUCH. FIRST OF 
 59 

 1 ALL, FROM MY HEART I WANT TO TELL EVERYBODY 

 2 HELLO. I SEE A LOT OF PEOPLE I KNOW. IF I 

 3 WENT INTO MY PERSONAL CASE WE WOULD BE HERE ALL 

 4 NIGHT. I HAVE LOST EVERYTHING TO MY HEALTH 

 5 PROBLEMS. I WAS SICK AND WORKERS COMP? I'M 

 6 SORRY. I HAD IT, I HAD IT BECAUSE I WAS SICK 

 7 AND THEY SENT ME TO A DOCTOR AND THE DOCTOR 

 8 HURT ME. SOCIAL SECURITY? I'M SORRY, NO, NOT 

 9 GETTING IT. NOT GETTING IT. I DON'T KNOW WHAT 

 10 IS MISSING FROM MY MEDICAL REPORTS. I'M WELL 

 11 DOCUMENTED. I CERTIFIED MATERIAL. I KNOW HOW 

 12 TO DOCUMENT IT. LET ME ASK YOU A QUESTION 

 13 RIGHT NOW. WHEN I READ IN THE CDC, IS THIS TO 

 14 YOU MR. SUNDIN? 

 15 MR. SUNDIN: YES. 

 16 SPEAKER: WHEN I READ ONLINE ABOUT ALL 

 17 THIS STUFF IT WILL MAKE YOUR HEAD SPIN, BUT I 

 18 JUST WANT TO READ YOU AN EXCERPT OF WHAT I 

 19 FOUND TO BE KIND OF INTERESTING AND ASK YOU WHY 

 20 ISN'T THIS BEING CONSIDERED, OR IS IT. IT 

 21 SAYS, AND IT'S FROM THE ATSDR. THE MOST 

 22 SENSITIVE MEASURE OF RADIATION EXPOSURE 

 23 INVOLVES THE STUDY OF YOUR CHROMOSOMES. THIS 

 24 IS A SPECIAL TEST FOR DOSES THAT ARE TOO LOW TO 

 25 PRODUCE CLINICALLY OBSERVABLE SIGNS OR 
 60 

 1 SYMPTOMS. THE TEST MAY BE USEFUL FOR DOSES 

 2 GREATER THAN ABOUT THREE TIMES THE MAXIMUM 

 3 ANNUAL PERMISSIBLE DOSE FOR RADIATION WORKERS. 

 4 CHANGES IN THE WHITE BLOOD CELL COUNT MAY BE 

 5 SEEN IN PEOPLE WHOSE DOSES EXCEEDED ABOUT FIVE 

 6 TIMES THE OCCUPATIONAL MAXIMUM PERMISSIBLE 

 7 ANNUAL DOSE. RADIATION DOSES AT OR ABOVE THESE 

 8 LEVELS CAN BE RELIABLY ESTIMATED USING THESE 

 9 TWO SPECIAL TESTS. IS THAT BEING CONSIDERED? 

 10 MR. SUNDIN: YOU ARE GOING TO TAKE ME 

 11 OUTSIDE MY AREA OF EXPERTISE FAIRLY QUICKLY. 

 12 ATSDR IS ANOTHER CENTER AT CDC AND THEY STUDY 

 13 PRIMARILY COMMUNITY HEALTH AS OPPOSED TO 

 14 OCCUPATIONAL HEALTH. 

 15 SPEAKER: THIS IS ABOUT RADIATION 

 16 WORKERS. 

 17 MR. SUNDIN: CORRECT. MY UNDERSTANDING 

 18 IS THAT THERE ARE SOME EARLY INDICATORS OF 

 19 CHROMOSOME DAMAGE LIKE THAT WHICH ARE USED 

 20 PROBABLY IN OTHER SETTINGS, BUT WE REALLY DON'T 

 21 HAVE THE LUXURY OF MODIFYING THE PROGRAM THAT 

 22 WAS DESCRIBED IN THE ACT, WHICH BASICALLY TALKS 

 23 ABOUT CANCER AS A DISEASE RATHER THAN EARLY 

 24 INDICATIONS, WHICH MAY OR MAY NOT LEAD TO 

 25 CANCER. IT IS NOT A PART OF WHAT WE -- 
 61 

 1 SPEAKER: IS IT OR IS IT NOT BEING 

 2 CONSIDERED AS PART? THE CDC SAYS THAT IS PART 

 3 OF A GOOD WAY TO KNOW RADIATION DOSAGE. WE ARE 

 4 LOOKING AT RECONSTRUCTING FIGURES. WE HAVE ALL 

 5 WORKED WITH FIGURES. WE KNOW FIGURES. WE 

 6 WORKED FIGURES FOR A LIVING, BUT WHAT ABOUT THE 

 7 CHROMOSOME STUDIES? 

 8 MS. COOK: I ALSO HAVE RESPONSIBILITIES 

 9 WITH HEALTH STUDIES WITH DEPARTMENT OF ENERGY. 

 10 I'M VERY INTERESTED IN THAT ALSO. AS DAVID 

 11 SAID, THIS ACT SAYS YOU HAVE TO BE SICK. 

 12 HAVING SAID THAT, LET'S MOVE ON. WHAT I'M 

 13 INTERESTED IN IS FINDING THE BEST TECHNIQUES 

 14 POSSIBLE TO DEAL WITH ILLNESSES ASSOCIATED WITH 

 15 YOUR WORK, AND SO I WAS MAKING NOTES ABOUT THIS 

 16 BECAUSE I REALLY WANT TO GET A LOOK AT THIS. I 

 17 WILL ALSO TELL YOU THERE IS SNAKE OIL OUT THERE 

 18 TOO. WE ALL KNOW THAT AND WE'VE ALL BEEN TOLD 

 19 THINGS THAT ISN'T ACCURATE TOO. BUT LET ME 

 20 LOOK INTO THIS BECAUSE WHAT I WANT TO HAVE IS 

 21 THE BEST WAY POSSIBLE TO PROTECT OUR WORK FORCE 

 22 OF THE FUTURE, ALSO, TO BE ABLE TO LOOK AT HOW 

 23 DO WE LOOK AT INDICATORS, HOW DO WE KNOW WHEN 

 24 SOMETHING IS AFFECTING SOMEBODY. AND I DON'T 

 25 MEAN TO DIVERT, BUT THE OTHER PERSON THAT I 
 62 

 1 SAID GOODBYE TO IN THE LAST FEW WEEKS WAS MY 

 2 FATHER WHO HAS WORKED IN THE AUTOMOBILE 

 3 INDUSTRY AND HE HAS A DEGENERATIVE NERVE 

 4 DISEASE, NEUROLOGICAL DISEASE, HIS MOTHER LIVED 

 5 TO A HUNDRED AND TWO, HE'S SEVENTY-SIX AND HE'S 

 6 GOT A COUPLE OF WEEKS LEFT PROBABLY HIMSELF. 

 7 AND WE WANT TO KNOW, MY BROTHERS AND SISTERS 

 8 AND I, WHY HE'S SICK, WE WANT TO KNOW IF IT'S 

 9 FROM HEAVY METALS IN HIS WORK OR IF IT'S FROM 

 10 ALL THE PESTICIDES AND FERTILIZERS WE USED AS 

 11 KIDS BECAUSE IT TELLS HOW WE DEAL WITH OUR 

 12 HEALTH. ALL OF THESE AREAS OF HEALTH STUDIES 

 13 AND HOW YOUR BODY REACTS TO THINGS, TO OUTSIDE 

 14 INFLUENCES, ARE VERY, VERY IMPORTANT TO ME TO 

 15 PROTECT THE WORK FORCE I'M RESPONSIBLE FOR, BUT 

 16 ALSO FOR ME TO DEAL WITH MY OWN HEALTH ISSUES. 

 17 SO I'LL BE HAPPY TO LOOK AT THAT BECAUSE I DO 

 18 HAVE SOME ABILITY TO INFLUENCE HOW THE 

 19 DEPARTMENT OF ENERGY LOOKS AT RESEARCH AND HOW 

 20 DO WE LOOK AT HEALTH ISSUES. I JUST TALKED TO 

 21 THE MAN WHO IS HEAD OF THE OFFICE OF SCIENCE, 

 22 DR. ORBACH, (PHOENETIC) ABOUT THIS ISSUE 

 23 SPECIFICALLY. WHAT IS IT THAT I NEED FROM THEM 

 24 IN MAKING SURE THE FUNDING THAT THE DEPARTMENT 

 25 SPENDS IN LOOKING INTO WAYS TO DETECT EFFECT ON 
 63 

 1 PEOPLE ARE SPENT IN THE RIGHT WAY THAT GET THE 

 2 BIGGEST BANG FOR YOUR TAX DOLLARS. 

 3 SPEAKER: ON 9/11 A LOT OF PEOPLE WENT 

 4 TO WORK AND THEY DIED THAT DAY. THESE PEOPLE 

 5 HAVE BEEN DYING FOR YEARS BY A SLOW TORTURE AND 

 6 I CAN'T WORK. IS THERE ANY IMMEDIATE FUND OR 

 7 ANY IMMEDIATE HELP AVAILABLE TO PEOPLE WHO, 

 8 LIKE ME, COULDN'T EVEN BE HERE IF IT WEREN'T 

 9 FOR THE CHARITY OF A FRIEND WHO BUYS MY 

 10 MEDICINE EVERYDAY? IS THERE ANY HELP AT ALL 

 11 BESIDES OUTSIDE OF OUR COMMUNITY? 

 12 MS. COOK: WE ARE BACK TO THIS 

 13 LEGISLATION IS A VERY GOOD FIRST START. IT WAS 

 14 VERY SPECIFIC. 

 15 SPEAKER: LET'S KEEP THAT ONE IN MIND. 

 16 MS. COOK: LET'S KEEP IT IN MIND AS A 

 17 FIRST START. 

 18 MR. LAWSON: BEFORE WE GO ANY FURTHER, 

 19 MS. COOK, YOU SAID THAT YOU WOULD LOOK INTO 

 20 SOMETHING. I'M SURE YOU WILL. HOW WOULD THAT 

 21 WORK? YOU WOULD FIND OUT SOMETHING AND GET 

 22 BACK TO THE PUBLIC INFORMATION OFFICER? 

 23 MS. COOK: THE BEST WAY FOR ME, 

 24 ESPECIALLY TO COMMUNICATE TO WORKERS LIKE YOU 

 25 IS IN FACT THE RESOURCE CENTERS THAT ARE SET 
 64 

 1 UP. AND ONE OF THE THINGS I'VE LOOKED AT 

 2 RECENTLY IS THERE ARE A LOT OF HEALTH STUDIES 

 3 GOING ON IN THIS COUNTRY, IN JAPAN, IN RUSSIA, 

 4 THERE'S A LOT OF STUFF OUT THERE AND I'M TRYING 

 5 TO PULL THAT ALL TOGETHER TO FIND THE BEST WAY 

 6 TO REALLY UTILIZE THE KIND OF INFORMATION THAT 

 7 IS OUT THERE. AND ALL KINDS OF MEDICAL 

 8 DIAGNOSTICS INFORMATION THAT IS OUT THERE. THE 

 9 BEST WAY FOR ME TO COMMUNICATE TO YOU ALL AND A 

 10 WAY THAT IS EASY TO GET TO IS IN FACT THE 

 11 RESOURCE CENTER AND LET ME LOOK AT A WAY THAT 

 12 WE CAN GET MORE INFORMATION TO THE RESOURCE 

 13 CENTER ABOUT UP AND COMING TECHNOLOGIES AND 

 14 WHAT THE POSSIBILITIES ARE FOR THOSE. 

 15 MR. LAWSON: THANK YOU VERY MUCH. THIS 

 16 LADY OVER HERE. 

 17 SPEAKER: MY NAME IS DONZETTA HILL AND 

 18 I'M NOT SURE IF I'M GOING TO GO FORWARD, 

 19 BACKWARD OR SIDEWAYS, I'M GOING TO TAKE A 

 20 LITTLE DIFFERENT ASPECT THAN PEOPLE THUS FAR 

 21 HAVE. I WORKED FOR DOE AS A SUBCONTRACTOR. I 

 22 WAS NOT LOCKHEED MARTIN AND I WORKED ON A SMALL 

 23 SUB, NOT AS A PRIME. MY MEDICAL PROBLEMS HAVE 

 24 MOUNTED OVER THE YEARS AND HAVE BEEN A 

 25 NIGHTMARE. I WAS ONE OF THE FIFTY-TWO WORKERS 
 65 

 1 THAT DR. LOCKY BURDEN FREEMAN EVALUATED. I 

 2 WORKED THROUGH THIS AS THE SOLE ENTITY OF THIS 

 3 LITTLE SUBCONTRACTOR PERSON AND WAS LUCKY 

 4 ENOUGH TO GET INCLUDED IN THAT STUDY BECAUSE I 

 5 HAD A BIG MOUTH. I WORKED UNDER IT ALSO WHEN 

 6 DR. MICHAELS, THE DIRECTOR, CAME DOWN THAT IF 

 7 ANY OF THE DOCTORS FOUND ANY MEDICAL, 

 8 OCCUPATIONAL, WORK-RELATED ILLNESSES THEY WOULD 

 9 BE PAID ACCORDINGLY, NO BURDEN OF PROOF WAS TO 

 10 BE PUT ON THE EMPLOYEE, THE SICK WORKER. 

 11 IMAGINE MY SHOCK WHEN I COME DOWN THE PIKE AND 

 12 I GET MY FINAL REPORT AND GUESS WHAT, BURDEN OF 

 13 PROOF IS BEING PUT BACK ON YOUR LITTLE 

 14 SUBCONTRACTOR AGAIN. NOT JUST ME AS A PERSON. 

 15 I'M SPEAKING FOR THE ADMINISTRATIVE SUPPORT 

 16 CONTRACTORS OUT THERE WHO DO NOT HAVE ACCESS TO 

 17 MEDICAL MONITORING. THEY MAY OR MAY NOT HAVE A 

 18 DOSIMETER, DEPENDING ON WHAT THE STATUS IS NOW. 

 19 I DID BUT I HAD NO MEDICAL MONITORING 

 20 WHATSOEVER, HAD NO KNOWLEDGE OF BEING EXPOSED 

 21 TO ANYTHING. I'M NOW FACING MY FOURTH LUNG 

 22 BIOPSY. I'M KNOCKING ON THE DOOR OF CHRONIC 

 23 BERYLLIUM DISEASE. I MET TWO OF THE CRITERIA. 

 24 THE COMPENSATION ACT WILL NOT HELP ME IN THE 

 25 LEAST UNLESS A MIRACLE HAPPENS. AND TO SAY 
 66 

 1 THAT WOULD BE IF I COME UP WITH CHRONIC 

 2 BERYLLIUM DISEASE. I MIGHT HAVE TO FIGHT THE 

 3 BATTLE TO GET IN YOUR DOOR. BUT YOU HAVE 

 4 ANOTHER AVENUE OF WORKERS THAT ARE BEING 

 5 EXPOSED THAT THE COMPENSATION BILLS WILL NOT 

 6 COVER. DOE IS NOT FOLLOWING THEIR OWN 

 7 DIRECTIVE. I HAVE A LETTER BACK FROM DOE 

 8 STATING THEY CANNOT MAKE THEIR SUBCONTRACTORS 

 9 PAY THEIR WORKMANS COMP BECAUSE THEY DON'T PAY 

 10 THEIR INSURANCE AS PART OF THEIR CONTRACT. 

 11 MR. TURCIC: DO YOU HAVE BERYLLIUM 

 12 SENSITIVITY? 

 13 SPEAKER: I HAVE BERYLLIUM SENSITIVITY. 

 14 I HAVE IT IN MY BLOOD, I HAVE FOUR ABNORMAL 

 15 PULMONARY FUNCTION TESTINGS AND, LIKE I SAID, 

 16 I'M GOING FOR MY FOURTH BIOPSY. 

 17 MR. TURCIC: UNDER THE DEPARTMENT OF 

 18 LABOR PROGRAM, IF YOU HAVE BERYLLIUM 

 19 SENSITIVITY, THEN YOU ARE ENTITLED TO THE 

 20 MONITORING. IF YOU FILE A CLAIM FOR BERYLLIUM 

 21 SENSITIVITY THEN THE MEDICAL BENEFITS FOR 

 22 MONITORING TO SEE IF YOUR BERYLLIUM SENSITIVITY 

 23 DOES TURN INTO CHRONIC BERYLLIUM DISEASE WILL 

 24 BE COVERED BY THE DEPARTMENT OF LABOR. 

 25 SPEAKER: UP UNTIL PRESENT TIME MY 
 67 

 1 MEDICAL INSURANCE HAS BEEN COVERING THAT. THIS 

 2 IS SOMETHING THAT HAS BEEN ENLIGHTENED TONIGHT. 

 3 MR. TURCIC: EVEN IF YOU FILE A CLAIM 

 4 AND ARE AWARDED A CLAIM FOR BERYLLIUM 

 5 SENSITIVITY, THE DEPARTMENT OF LABOR WOULD BE 

 6 FIRST PAYER AND PAY FOR THOSE MEDICALS. 

 7 SPEAKER: WOULD YOU COVER THE SMALL 

 8 CONTRACTORS? IS THERE A RESTRICTION ON WHO YOU 

 9 WILL PAY FOR? 

 10 MR. TURCIC: NO, IF THEY ARE A COVERED 

 11 EMPLOYEE, IF THEY WORKED FOR A CONTRACTOR OR A 

 12 SUBCONTRACTOR. 

 13 SPEAKER: TO DOE? 

 14 MR. TURCIC: YES. SO ALL THOSE FOLKS 

 15 ARE COVERED AND IF THEY HAVE BERYLLIUM 

 16 SENSITIVITY THEN THE DEPARTMENT OF LABOR WOULD 

 17 PAY FOR MONITORING. 

 18 SPEAKER: WOULD THIS ALSO APPLY IF THEY 

 19 COME UP WITH THE HEAVY METAL EXPOSURES AND 

 20 THERE IS A COHORT PUT IN? 

 21 MR. TURCIC: NO, IT ONLY COVERS 

 22 BERYLLIUM SENSITIVITY. 

 23 SPEAKER: AT THIS POINT. THIS IS 

 24 SOMETHING THAT THE LAWMAKERS NEED TO REVISE ON 

 25 THE BILL BECAUSE THERE IS A LOT OF ILLNESSES 
 68 

 1 CAUSED BY HEAVY METAL EXPOSURES. 

 2 MR. LAWSON: THANK YOU VERY MUCH, MA'AM. 

 3 YES, PLEASE. 

 4 SPEAKER: MY NAME IS R.L. AYERS. I CAME 

 5 HERE OCTOBER 1943. I WORKED DOWN AT THE K-25 U 

 6 BUILDING, BUT I'M NOT HERE THIS EVENING ON 

 7 ACCOUNT OF MYSELF. IT IS MY HUSBAND WHO IS IN 

 8 A NURSING HOME AND DYING WITH SILICOSIS OF THE 

 9 LUNGS. I HAVE GOTTEN EVERY RECORD AND FILLED 

 10 IT OUT, SENT IT DOWN TO JACKSONVILLE, FLORIDA, 

 11 SO UNTIL I CAME UP WITH HE WAS DIAGNOSED BEFORE 

 12 HE LEFT K-25 WITH SILICOSIS OF THE LUNGS 

 13 EVERYTHING SEEMED TO BE GOING ALL RIGHT. BUT 

 14 THEN WHEN I CAME UP WITH THOSE RECORDS AND SENT 

 15 THOSE DOWN THERE MS. YVETTE WATERS WROTE ME 

 16 KIND OF AN UGLY LETTER AND SAID THAT I SAID 

 17 THAT MY HUSBAND HAD, WHAT IS IT YOU GET FROM 

 18 SMOKING? EMPHYSEMA. SHE SAID NOW YOU CLAIM 

 19 THAT HE HAVE SILICOSIS. I DID NOT CLAIM IT. 

 20 THE DOCTOR DIAGNOSED IT. SO THEN SHE SAID THAT 

 21 UNLESS HE WORKED IN ALASKA OR NEVADA IS THE 

 22 ONLY WAY THEY WOULD PAY FOR SILICOSIS OF THE 

 23 LUNGS. I SAID, HE DID NOT HAVE IT WHEN HE WENT 

 24 TO K-25 BECAUSE IF HE HAD HAD SILICOSIS THEY 

 25 WOULD NOT HAVE HIRED HIM THERE. HE DIDN'T HAVE 
 69 

 1 ANYTHING WHEN HE WENT THERE BUT HE CAME OUT 

 2 WITH EVERYTHING. SO WILL THEY PAY FOR 

 3 SILICOSIS HERE IN TENNESSEE? 

 4 MR. TURCIC: SILICOSIS IS ONLY COVERED 

 5 FOR PEOPLE WHO MINED THE TUNNELS FOR THE 

 6 UNDERGROUND TESTS EITHER AT THE AMCHITKA TEST 

 7 SITE IN ALASKA OR THE NEVADA TEST SITE. THAT 

 8 IS THE ONLY PLACE, THE ONLY FACILITIES, THAT 

 9 SILICOSIS ARE COVERED UNDER THE DEPARTMENT OF 

 10 LABOR PROGRAM. 

 11 MS. COOK: DOE, AGAIN WHAT IS WITHIN THE 

 12 BILL THAT WE ARE, I DON'T WANT TO SAY BOXED IN, 

 13 BUT THIS IS THE FRAMEWORK WE ARE WORKING IN AND 

 14 THAT IS WE ASSIST WITH STATE WORKERS COMP AND 

 15 THAT WOULD ROLL INTO THAT. STATE WORKERS COMP, 

 16 AS YOU ALL KNOW, STATE WORKERS COMP DOES TWO 

 17 THINGS. IT PAYS FOR LOST WAGES AND IT PAYS FOR 

 18 UNPAID MEDICAL BILLS. THAT IS WHAT STATE 

 19 WORKERS COMP DOES. THAT'S WHAT IS IN THE 

 20 LEGISLATION, THAT IS WHAT IS IN THE BILL THAT'S 

 21 PASSED. 

 22 SPEAKER: WHY DOES IT KEEP SAYING THAT 

 23 IT IS COVERED IN TENNESSEE? 

 24 MS. COOK: FOR LOST WAGES AND UNPAID 

 25 MEDICAL BILLS, YES. 
 70 

 1 SPEAKER: I'M NOT GETTING ANYTHING. 

 2 NOTHING. 

 3 MS. COOK: WE HAVE TO GET THE FINAL RULE 

 4 OUT WHICH WENT THROUGH RULE-MAKING SO THAT HAS 

 5 NOT HAPPENED YET. YOU CAN APPLY FOR STATE 

 6 WORKERS COMP AT ANYTIME. WHAT WE ARE HOPING TO 

 7 DO IS FACILITATE THAT AND FOR THOSE CONTRACTORS 

 8 THAT WE CAN REACH OUT AND AFFECT WE WILL DO 

 9 THAT. BUT IT IS WITHIN THE STATE WORKERS COMP 

 10 FRAMEWORK THAT THIS LEGISLATION CURRENTLY 

 11 APPLIES. 

 12 MR. LAWSON: IS SHE GOING TO HAVE TO 

 13 REAPPLY OR IS SHE AUTOMATICALLY IN THE SYSTEM 

 14 AND WHEN THE LEGISLATION GETS CHANGED SOMEBODY 

 15 IS GOING TO COME TO HER? WHAT HAPPENS NEXT? 

 16 MS. COOK: WHAT HAPPENS NEXT IS WE ARE 

 17 TRYING TO SHARE RECORDS AS MUCH AS POSSIBLE 

 18 HERE. THERE ARE THINGS THAT COME TO THE DOL 

 19 PART, FOR INSTANCE, THE SILICOSIS ISSUE THAT IS 

 20 NOT IN THESE SPECIAL COHORT GROUPS AND THEN WE 

 21 ARE TRYING TO GET THOSE RECORDS MOVED OVER TO 

 22 GET THEM INTO THE DOE SUBTITLE D PORTION. SO 

 23 WE'RE TRYING TO FACILITATE THAT HAPPENING SO WE 

 24 WON'T, IN FACT, HAVE TO HAVE YOU GO BACK AND 

 25 REAPPLY FOR EVERYTHING. 
 71 

 1 SPEAKER: IF YOU DON'T REAPPLY, YOU WILL 

 2 BE FORGOTTEN FOR THE SIMPLE REASON THAT MY 

 3 HUSBAND WORKED AT Y-12 AND X-10 BEFORE HE WENT 

 4 TO K-25, OKAY, THEY BROUGHT HIM INTO THE 

 5 EMERGENCY ROOM DEATHLY ILL SICK ENOUGH TO DIE. 

 6 DR. EARL EVERSOLE TOLD ME TO GET HIM READY FOR 

 7 SURGERY. I WORKED IN THE EMERGENCY ROOM, I 

 8 WORKED THERE FORTY-SEVEN YEARS. HE SAYS, GET 

 9 HIM READY FOR SURGERY AND I DID. HE SAID, I 

 10 THINK HE HAVE ACUTE GALLBLADDER ATTACK, TOOK 

 11 HIM UP AND THERE WAS NOTHING WRONG WITH HIS 

 12 GALLBLADDER, NOTHING. AND HE OPENED HIM UP AND 

 13 AFTER HE HAD HIM OPENED UP HE JUST TOOK HIS 

 14 APPENDIX OUT. AND THEN MY HUSBAND IS A DARK 

 15 COMPLECTED (PHOENETIC) MAN, BUT HE TURNED 

 16 YELLOW, YELLOW, AND HE WAS IN THE HOSPITAL 

 17 NEARLY A MONTH. WHEN THIS PROGRAM STARTED AND 

 18 WE STARTED DIGGING UP THE MEDICAL RECORDS, HIS 

 19 RECORD WAS GONE. IT WAS NOT THERE. THE ONLY 

 20 THING DR. EVERSOLE KNEW THAT HE DID AND HE KNEW 

 21 ME AND HE GAVE ME A LETTER SAYING THAT HE DID 

 22 OPERATE ON HIM, BUT HE DID NOT HAVE GALLBLADDER 

 23 TROUBLES. BUT SO FAR AS THE RECORDS, THE 

 24 RECORDS WAS ALL BURNED. WHERE DO YOU GO FROM 

 25 THERE? THERE IS NOWHERE TO GO, IS THERE? 
 72 

 1 MS. COOK: LIKE I SAID, WE ARE TRYING TO 

 2 CONSOLIDATE ALL THE INFORMATION. I CAN'T 

 3 REGENERATE PAST RECORDS. YOU KNOW THAT AND I 

 4 KNOW THAT. I CAN DO THINGS ABOUT THE FUTURE, I 

 5 CAN HELP AND TRY TO FACILITATE EVERYTHING WE'VE 

 6 GOT. WE'RE TRYING TO WORK FROM AFFIDAVITS ALSO 

 7 AS MUCH AS POSSIBLE. AND I'LL GUARANTEE YOU 

 8 THAT IT IS NOT MY INTENTION AT ANY POINT TO 

 9 LOSE ANYBODY IN THIS SYSTEM. I'M SERIOUS ABOUT 

 10 THE FACT THAT THESE ARE OUR WORKERS, THESE ARE 

 11 MY WORKERS, THESE ARE PEOPLE THAT I CARE ABOUT. 

 12 AND I CAN ONLY TELL YOU THAT. MOST OF YOU 

 13 DON'T KNOW ME. SOME OF YOU DO, BUT WE WILL 

 14 CONTINUE TO TRY TO WORK IN THESE DIFFICULT 

 15 CASES WHERE TREATMENT RECORDS DO NOT EXIST. I 

 16 WAS IN MEXICO A COUPLE OF WEEKS AGO AND THEY 

 17 WERE TRYING TO GET THE HOSPITAL TO COME UP WITH 

 18 RECORDS TOO, AND WE ARE GOING TO TRY TO REACH 

 19 OUT TO THE HOSPITALS TO MAKE SURE THAT THEY 

 20 PULL OUT EVERYTHING THAT THEY'VE GOT AROUND 

 21 ALSO TO GET HEALTH RECORDS OUT AND HELP 

 22 FACILITATE THIS. 

 23 MR. LAWSON: JUST ONE COMMENT BEFORE I 

 24 GO ON TO THE NEXT PERSON. IF ANYONE HAS A 

 25 PARTICULAR ISSUE THAT YOU NEED TO FOLLOW UP, 
 73 

 1 MAKE SURE THAT BEFORE YOU LEAVE TONIGHT YOU 

 2 HAVE LEFT YOUR NAME WITH SOMEBODY SO THAT 

 3 SOMEBODY CAN FOLLOW UP ON A PARTICULAR 

 4 SITUATION OR YOU CAN GET SOME HELP IN 

 5 JACKSONVILLE, OR WHATEVER. I DON'T WANT PEOPLE 

 6 TO COME AND SAY THEY HAVE A PROBLEM AND GO HOME 

 7 AND NOT KNOW WHAT THEIR NEXT STEP IS. 

 8 SPEAKER: I HATE TO SAY WHAT I WANT TO 

 9 SAY, BUT JACKSONVILLE DON'T CARE A THING IN THE 

 10 WORLD. NOTHING. 

 11 (APPLAUSE) 

 12 SPEAKER: WHAT BOTHERS ME IS THAT YOU 

 13 CAN START TO WORK AT, I'LL JUST SAY K-25 

 14 BECAUSE THAT IS WHERE ALL MY PROBLEMS STARTED, 

 15 K-25, THAT MY HUSBAND DID NOT HAVE SILICOSIS 

 16 BUT THEN HE GOT IT. AND NOW THEY SAY WE CAN'T 

 17 PAY FOR IT BECAUSE YOU WERE NOT OVER YONDER. 

 18 MR. LAWSON: THANK YOU VERY MUCH FOR 

 19 COMING, I APPRECIATE THAT. YES, SIR. 

 20 SPEAKER: MY NAME IS HARRY WILLIAMS AND 

 21 THIS IS DIRECTED TOWARD THE DOE PORTION OF 

 22 SUBTITLE D. I WOULD LIKE TO SAY HERE THE FOLKS 

 23 IN THE COALITION FOR HEALTHY ENVIRONMENT, WE 

 24 STARTED OUT WITH THIS LEGISLATION AND WE WENT 

 25 THROUGH CONGRESS WITH IT. WE NEVER WERE 
 74 

 1 SATISFIED WITH SUBPART D AND THE GENTLEMAN 

 2 TALKING ABOUT RENAL DISEASE, THAT WAS 

 3 ORIGINALLY INCLUDED IN THE ACT AND THEN IT WAS 

 4 TAKEN OUT AND NOW IN AN APRIL AMENDMENT UNDER 

 5 SUBTITLE B RENAL DISEASE IS BACK UP BEFORE THE 

 6 CONGRESS IN THE LEGISLATIVE PROCESS TO COME 

 7 BACK ONLINE. AND I HOPE THAT HAPPENS. DOE, IF 

 8 YOU ARE FOR YOUR WORKERS, MS. COOK, WHY ARE YOU 

 9 SPONSORING RULES AND REGULATIONS THAT ARE IN 

 10 DIRECT CONFLICT WITH YOUR WORKERS? FOR 

 11 INSTANCE, A THREE DOCTOR PANEL HAS TO HAVE ALL 

 12 THREE DOCTORS AGREE, THAT IS A DOE PROPOSAL. 

 13 THE DRAFT RULES AND REGULATIONS ON MAY 8TH 

 14 WHERE YOU ALL ARE ALLOWING THE CONTRACTOR A 

 15 METHOD OF CONTESTING THESE CLAIMS WHEN THE 

 16 COPIA (PHOENETIC) ITSELF IN THE ORIGINAL ACT 

 17 SAID THAT THAT WOULD NOT BE APPROPRIATE. AS A 

 18 MATTER OF FACT, THAT NOT ONLY VIOLATES THE 

 19 SPIRIT OF THE ACT, IT VIOLATES THE ACT ITSELF. 

 20 AND I WONDER WHAT DOE'S ROLE IS, IF YOU ARE 

 21 TRYING TO KEEP EMPOWERING PEOPLE TO THROW UP 

 22 THESE ROAD BLOCKS IN FRONT OF THESE WORKERS. 

 23 THESE PEOPLE ARE SICK, I'M SICK. I CAN'T 

 24 CONTINUE ON WITH A LARGE BUREAUCRATIC FIGHT 

 25 TRYING TO COME OVER EVERY STUMBLING BLOCK 
 75 

 1 GOING. IT IS NOT APPROPRIATE FOR DOE IN ANY 

 2 WAY, THEY ARE OUR NEMESIS, AND I SAY THAT WITH 

 3 A LOT OF AFFECTION. I DON'T WANT TO SOUND 

 4 CRUEL, BUT DOE IS MY BIGGEST NEMESIS IN LIFE. 

 5 I GIVE MY HEALTH TO THAT PLANT. I DON'T NEED 

 6 TO HEAR ANYTHING ELSE FROM ANYBODY ELSE BECAUSE 

 7 SECRETARY RICHARDSON SAID IT VERY WELL. WE 

 8 PLACED YOU IN HARM'S WAY, WE PUT YOU IN UNSAFE 

 9 CONDITIONS. AND I EXPECT DOE TO COME ALONG AND 

 10 SUPPORT US IN AMENDMENTS TO THIS LEGISLATION 

 11 AND TRY TO HELP US GET SUBTITLE D AND THE OTHER 

 12 WEAKNESSES CORRECTED. BUT HOW ARE YOU GOING TO 

 13 DO THAT IF YOU KEEP COMING UP, I WOULD LIKE FOR 

 14 SOMEBODY TO EXPLAIN TO ME, LET'S SEE WHAT I'VE 

 15 GOT RIGHT HERE, (READING) WHAT IT IS SAYING 

 16 HERE IS THAT YOU ALL WILL PAY THE CONTRACTOR 

 17 FOR CERTAIN COSTS ASSOCIATED WITH FIGHTING A 

 18 CLAIM. AND I HAVE A WHOLE LIST OF OTHER THINGS 

 19 HERE THAT I CAN'T SEE THEM WELL ENOUGH TO GET 

 20 THEM ALL RIGHT NOW. BUT WHAT IS DOE'S 

 21 RESPONSE? 

 22 MS. COOK: FIRST OFF, LET ME MAKE IT 

 23 EXTREMELY CLEAR HERE. I'M A STRONG BELIEVER IN 

 24 FREEDOM OF THE PRESS, SO ARE ALL OF YOU, 

 25 DOESN'T MEAN IT IS TRUE. THERE IS NO SUCH 
 76 

 1 THING AS A MAY 8TH DRAFT OF THE RULE. THERE 

 2 WAS ALL KINDS OF VERSIONS OF THE RULE SINCE 

 3 COMMENTS WERE MADE LAST FALL. WHATEVER DRAFT 

 4 GOT OUT IN MAY IS NOT THE DRAFT THAT IS THERE 

 5 NOW. IT'S NOT WHAT WE'VE GOT IN THE FINAL 

 6 RULE. WE DON'T INTEND TO COMPENSATE ANY 

 7 CONTRACTOR TO FIGHT A CLAIM. I HAVE NO 

 8 INTENTION OF DOING THAT. NOW IT DOES NOT SAY 

 9 THAT IN THE RULE AND THAT IS NOT WHAT IS GOING 

 10 TO HAPPEN. 

 11 SPEAKER: IT SAYS IT IN MY INFORMATION 

 12 HERE. I DON'T KNOW WHAT YOU HAVE RIGHT AT THIS 

 13 MINUTE. BUT THAT IS GOOD NEWS, IF IN FACT THAT 

 14 IS THE WAY IT IS. 

 15 MS. COOK: GOOD, I'M GLAD YOU SEE THAT 

 16 AS GOOD NEWS, SO DO I BECAUSE I DON'T INTEND TO 

 17 DO THAT. THERE'S STILL A LOT OF COMPLICATIONS. 

 18 I HAVE SPOKEN TO THE DEPUTY SECRETARY BOTH AT 

 19 HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF 

 20 LABOR AND WE WANT TO WORK VERY CLOSELY 

 21 TOGETHER, AS THREE DIFFERENT AGENCIES, TO 

 22 IDENTIFY AND WORK WITH PEOPLE ON THE HILL ON 

 23 WHAT THINGS MIGHT WORK BETTER, WE ARE WITHIN 

 24 OUR ABILITY AS AGENCIES TO DO AND WHICH THINGS 

 25 MIGHT REQUIRE CHANGES IN LEGISLATION. YOU ALL 
 77 

 1 HAVE TO CONTINUE TO BE A PART OF THAT PROCESS. 

 2 YOU'VE GOT TO IDENTIFY THOSE THINGS. REMEMBER 

 3 WE ARE ALL TAXPAYERS TOO, WE WANT TO KNOW WHAT 

 4 WE WANT TO SPEND OUR MONEY ON AS TAXPAYERS. 

 5 BUT THERE ARE SIGNIFICANT THINGS THAT ARE 

 6 LISTED IN SOME OF THE LATEST PRESS THAT SAY DOE 

 7 IS DOING THIS OR NOT THAT ARE JUST ABSOLUTELY 

 8 INACCURATE. AND ONE OF THEM IS COMPENSATING 

 9 COMPANIES TO FIGHT THESE CLAIMS. THAT IS NOT 

 10 GOING TO HAPPEN. 

 11 SPEAKER: I'LL TAKE YOUR WORD ON THAT, 

 12 BUT AS SOON AS I GET UP TOMORROW TO MAKE 

 13 CERTAIN THAT IS THE WAY IT IS. 

 14 MS. COOK: IF IT WOULD BE OUT TOMORROW, 

 15 LET ME TELL YOU, I'D BE A HAPPY CAMPER. 

 16 SPEAKER: YOU WILL CERTAINLY HEAR FROM 

 17 ME. 

 18 MS. COOK: I EXPECT TO. 

 19 SPEAKER: ANSWER ME ON THE DOCTORS 

 20 PANEL. WHY YOU WANT AN ABSOLUTE VOTE ON IT 

 21 RATHER THAN A MAJORITY. WHAT ROLE DOES DOE 

 22 HAVE IN THAT? 

 23 MS. COOK: THE LIST OF DOCTORS FIRST OFF 

 24 ON THOSE PANELS, IN FACT, WAS NOT A LIST THAT 

 25 DOE COULD GENERATE. THEY HAD TO BE PROVIDED TO 
 78 

 1 US BY NIOSH AND THEY DID. THEY GAVE US A LIST 

 2 OF DOCTORS AND WE ARE WORKING THROUGH THE 

 3 PROCEDURES RIGHT NOW. I WILL TELL YOU I DON'T 

 4 KNOW HOW, I CAME INTO THIS JOB IN FEBRUARY AND 

 5 I'M NOT SURE HOW WE GOT TO THE UNANIMOUS 

 6 DECISION, BUT I'M ACTUALLY A LITTLE SURPRISED 

 7 THAT I DIDN'T ASK THAT QUESTION MYSELF. AND 

 8 I'LL FIND THAT OUT, HOW IT GOT TO THE POINT OF 

 9 BEING A UNANIMOUS VOTE OF THREE DOCTORS ON A 

 10 DOC PANEL. BUT I'LL FIND OUT. 

 11 SPEAKER: ONCE AGAIN, CONGRESSMAN ED 

 12 WHITFIELD HAS SOME INFORMATION OUT ABOUT WHAT I 

 13 WAS TALKING ABOUT HERE, AND I TAKE IT HE HAS 

 14 THE WRONG INFORMATION TOO. 

 15 MS. COOK: I UNDERSTAND THAT MANY OF THE 

 16 CONGRESSMEN HAS A VERSION THAT CAME OUT 

 17 SOMEWHERE AROUND MAY 8TH THAT FLOATED AROUND. 

 18 THAT IS NOT THE VERSION OF THE RULE THAT WE ARE 

 19 GOING WITH. 

 20 SPEAKER: FROM MY PERSONAL POSITION 

 21 HERE, I DON'T THINK DOE NEEDS TO BE INVOLVED IN 

 22 THIS. I THINK THEY NEED TO FURNISH DATA AND 

 23 LET DOL, NIOSH, WHOEVER, BUT DOE DOES NOT NEED 

 24 TO BE INVOLVED IN THIS PROGRAM AT AN 

 25 ADMINISTRATIVE LEVEL AND THE PROBLEMS WITH THIS 
 79 

 1 PROGRAM ARE LEGISLATIVE FIXES, NOT 

 2 ADMINISTRATIVE FIXES, BECAUSE IF THIS MAY 8TH 

 3 DRAFT IS ANY SIGN, IF IT IS IN FACT TRUE, AND 

 4 ONCE AGAIN I ACCEPT YOUR WORD FOR RIGHT NOW 

 5 THAT IT'S NOT, THEN PROMULGATION OF RULES AND 

 6 REGULATIONS BY DOE IS NOT GOING TO BE THE WAY 

 7 TO FIX THIS RULE. 

 8 MR. LAWSON: THANK YOU, SIR, AND IF YOU 

 9 HAVE ANYTHING YOU'D LIKE TO SUBMIT, PLEASE FEEL 

 10 FREE TO DO SO. THIS LADY OVER HERE PLEASE. 

 11 SPEAKER: MY NAME IS JANET MICHELLE, I'M 

 12 A FIRST GENERATION OAK RIDGER. BOTH OF MY 

 13 PARENTS WORKED AT K-25 AND THEY MET WHILE THEY 

 14 WERE WORKING THERE AND I WAS CONCEIVED WHILE 

 15 THEY WERE WORKING THERE. 

 16 MS. COOK: I HOPE NOT AT WORK. I 

 17 COULDN'T PASS THAT UP. 

 18 SPEAKER: I KNOW I WALKED RIGHT INTO 

 19 THAT. I WOULD LIKE TO SAY ONE THING TO FOLLOW 

 20 UP ON WHAT HARRY SAID; AND THAT IS IF IT IS 

 21 TRUE IN THE RULE THAT THOSE PHYSICIANS PANELS 

 22 HAVE TO COME TO A UNANIMOUS DECISION, I HOPE 

 23 THAT DOE WILL DO SOMETHING TO CHANGE THAT 

 24 BECAUSE THAT RULE IS IMPLEMENTED BECAUSE THAT 

 25 IS SO UNFAIR. THE SUPREME COURT DOES NOT HAVE 
 80 

 1 TO BE UNANIMOUS, THE COURT OF APPEALS DON'T 

 2 HAVE TO BE UNANIMOUS. THIS IS RIDICULOUS. 

 3 (APPLAUSE) 

 4 MS. COOK: UNDERSTOOD. 

 5 SPEAKER: JUST A COUPLE MORE WORDS ABOUT 

 6 THE DOSE RECONSTRUCTION. THERE SEEMS TO BE A 

 7 CONFLICT OF INTEREST WITH THE CONTRACTORS THAT 

 8 HAVE BEEN BIDDING ON THE NIOSH CONTRACTS TO 

 9 HELP THEM BECAUSE MANY OF THOSE PEOPLE HAVE 

 10 BEEN PAID EXPERT WITNESSES IN WORKERS 

 11 COMPENSATION CLAIMS. HOW CAN WE EXPECT THEM TO 

 12 BE FAIR? I THINK THAT IS A VERY FUNDAMENTAL 

 13 PROBLEM. WE ALSO KNOW THAT A HEALTH PHYSICIST 

 14 FROM PORTSMOUTH TESTIFIED AT A GOVERNMENTAL 

 15 AFFAIRS SENATE COMMITTEE HEARING IN MARCH OF 

 16 2000, HE WAS TOLD BY HIS SUPERIORS TO CHANGE 

 17 RECORDS IN THE DOSIMETRY PROGRAM AT PORTSMOUTH. 

 18 AND WE KNOW THIS KIND OF THING HAPPENED AT ALL 

 19 THE SITES. SO I HOPE THAT YOUR PROCEDURES THAT 

 20 YOU ARE PUTTING IN PLACE TO PUT THINGS IN FAVOR 

 21 OF THE WORKERS WILL BE TRUE BECAUSE THERE IS 

 22 JUST TOO MANY PROBLEMS WITH THE DOSE 

 23 RECONSTRUCTION PROCESS. IN ADDITION, I WAS, I 

 24 HAD CYANIDE POISONING WHEN I WORKED AT THE 

 25 SITE. I WAS TOLD BY INDUSTRIAL HYGIENE THAT I 
 81 

 1 WOULD BE WEARING A HALTER MONITOR AND THAT MY 

 2 WORK PLACE WOULD BE MONITORED. NONE OF THOSE 

 3 THINGS EVER HAPPENED. I LEFT THE SITE, I DID 

 4 NOT GET WELL, I CONTINUED TO RECEIVE TESTING, 

 5 NOT BY DOCTORS IN THIS AREA, I HAD TO GO TO 

 6 NASHVILLE TO GET THAT TESTING DONE, AND FOUND 

 7 OUT THAT I HAD NICKLE AND MERCURY POISONING. 

 8 AND I FOUND OUT LATER THAT I WORKED IN A 

 9 BUILDING THAT HAD A HIGH RISK OF EXPOSURE FOR 

 10 NICKLE AND MERCURY. THERE WERE NO RECORDS AT 

 11 ALL KEPT ON THOSE KINDS OF EXPOSURES. WE HAVE 

 12 NOTHING TO GO BY ON THAT. HOWEVER, I DO HAVE 

 13 LAB REPORTS THAT SHOW NICKEL AND MERCURY COMING 

 14 OUT OF MY BODY IN MY URINE. AGAIN, WE DON'T 

 15 HAVE THE DOCTORS HERE TO BACK US UP AND THERE 

 16 ARE NO RECORDS TO BACK US UP FROM THE WORK 

 17 PLACE ON TOXIC EXPOSURES. I HAVE MANY HEALTH 

 18 PROBLEMS ASSOCIATED WITH THESE HEAVY METAL 

 19 EXPOSURES. HARRY COVERED A LOT OF THE STUFF 

 20 ABOUT THE CONTRACTORS. I JUST WANTED TO ADD 

 21 THAT I THINK THAT THE CLAIMANTS SHOULD BE 

 22 ASSISTED AND REIMBURSED FOR EXPENSES INCURRED 

 23 IN TRYING TO DEVELOP THEIR MEDICAL RECORDS FOR 

 24 THEIR TESTING AND DIAGNOSIS. I KNOW PEOPLE WHO 

 25 WERE SO SICK AT WORK THEY STRUGGLED TO HANG ON 
 82 

 1 COMING TO WORK EVERYDAY. THEY FINALLY WENT TO 

 2 PART TIME, WHICH MEANT THEY LOST THEIR 

 3 BENEFITS. EVENTUALLY THEY GOT TOO SICK TO COME 

 4 TO WORK AT ALL. SO NOW THEY HAVE NOTHING. AND 

 5 THEY HAVE NO WAY TO PUT A PICTURE TOGETHER OF 

 6 WHAT HAS HAPPENED TO THEM. THESE PEOPLE NEED 

 7 HELP AND EVEN THOSE OF US THAT HAVE THE 

 8 INSURANCE; IT IS HORRIBLE BECAUSE WE CAN'T GET 

 9 THE DOCTORS AROUND HERE TO TEST US FOR THE 

 10 THINGS THAT NEED TO BE TESTED FOR. WE HAVE TO 

 11 GO OUT OF STATE. 

 12 (APPLAUSE) 

 13 SPEAKER: I WOULD LIKE TO ADD THAT THE 

 14 LIST OF RADIOGENIC CANCERS NEEDS TO BE EXPANDED 

 15 TO AT LEAST BE AS LONG AS THE CANCERS THAT THE 

 16 MARSHALL ISLANDERS WERE REIMBURSED FOR. THEY 

 17 WERE EXPOSED TO ABOVE GROUND TESTING AND THE 

 18 ELEMENTS THAT THEY WERE EXPOSED, WHETHER 

 19 TRANSURANICS OR FISSION PRODUCTS, WERE THE SAME 

 20 ELEMENTS THAT WE WERE EXPOSED TO HERE IN OAK 

 21 RIDGE. MAYBE NOT IN THE SAME QUANTITIES, BUT 

 22 THEY WERE THERE AND MANY OF THEM DON'T TAKE 

 23 VERY MUCH TO HAVE AN EFFECT ON THE BODY. SO BE 

 24 THAT AS A MESSAGE TO BOTH THE ADMINISTRATION 

 25 REPRESENTATIVES AND ALSO THE CONGRESSIONAL 
 83 

 1 REPRESENTATIVES THAT ARE HERE, THAT IS 

 2 SOMETHING THAT NEEDS TO BE INCLUDED IN ANY 

 3 REVISIONS OF THIS LAW. I JUST WANT TO ALSO SAY 

 4 THAT THE COMPENSATION AMOUNT OF A HUNDRED AND 

 5 FIFTY THOUSAND DOLLARS IS A COMPLETE AND TOTAL 

 6 INSULT. WHEN PEOPLE I KNOW SPENT OVER A 

 7 HUNDRED THOUSAND DOLLARS A YEAR, THEIR 

 8 INSURANCE PAYS FOR PART OF IT AND THEY PAY FOR 

 9 PART OF IT A YEAR ON THEIR MEDICAL EXPENSES. 

 10 WHEN WE HAVE PEOPLE THAT WERE INJURED BY THE 

 11 TERRORISTS RECEIVING AN AVERAGE OF TWO POINT 

 12 SEVEN MILLION, HOW DOES A HUNDRED AND FIFTY 

 13 THOUSAND STACK UP TO THAT? IT IS AN INSULT. I 

 14 ALSO WANT TO EMPHASIZE TO THE CONGRESSIONAL 

 15 REPRESENTATIVES THAT OFTEN IN THE PAST WHEN YOU 

 16 HAVE LANDMARK LEGISLATION IT IS NOT PERFECT THE 

 17 FIRST TIME. THE ENVIRONMENTAL LAWS THAT WERE 

 18 PASSED IN THE SEVENTIES; CORPORATIONS FOUND 

 19 WAYS AROUND THEM. CONGRESS HAD TO COME BACK 

 20 AND BE VERY PRESCRIPTIVE ABOUT WHAT THEY WANTED 

 21 TO HAPPEN AND THIS IS WHAT NEEDS TO HAPPEN WITH 

 22 THIS LAW. IT IS GOING TO HAVE TO BE MORE 

 23 PRESCRIPTIVE IN ORDER TO BE MORE FAIR. WE NEED 

 24 YOU BOTH IN THE ADMINISTRATION AND OUR 

 25 REPRESENTATIVES IN CONGRESS, WE NEED YOU TO BE 
 84 

 1 THE LEADERS TO HELP US TO MAKE THIS LAW MORE 

 2 FAIR AND MORE JUST. THANK YOU. 

 3 MR. LAWSON: THANK YOU. WE'RE CLOSING 

 4 DOWN TO ABOUT EIGHT O'CLOCK, IT'S ABOUT TEN OR 

 5 ELEVEN MINUTES OF. AT EIGHT O'CLOCK WE'LL 

 6 BREAK WITH THE FORMAL PART OF THIS, BUT ANY OF 

 7 YOU WHO WOULD LIKE TO STAY AND TALK WITH ANY OF 

 8 THESE THREE INDIVIDUALS ON THE PANEL AFTERWARD, 

 9 ARE CERTAINLY WELCOME TO DO SO. I'M GOING TO 

 10 TAKE A FEW PEOPLE BUT I WILL TELL YOU WHEN THE 

 11 LAST PERSON, WE'LL PROBABLY TAKE AT LEAST TWO 

 12 MORE AND MAYBE A THIRD, WE'LL SEE. PLEASE. 

 13 SPEAKER: THANK YOU. MY NAME IS KITTY 

 14 MCNAMARA AND I'M HERE ON BEHALF OF MY FAMILY 

 15 CARRYING ON WHAT MY FATHER FOUGHT FOR YEARS FOR 

 16 AND IN 1998 HE FINALLY DIED ENCOURAGING US TO 

 17 CONTINUE. HE WAS BURNED BY BERYLLIUM. THE 

 18 FIRST PERSON TO EVER CUT IT, BUT HE WAS TOLD 

 19 THAT HIS SYMPTOMS DID NOT MEET WITH THE KNOWN 

 20 SYMPTOMS, EVEN THOUGH NOBODY ELSE HAD EVER BEEN 

 21 BURNED BY IT. HE CAME TO WORK AT Y-12 

 22 FOLLOWING IN HIS PARENTS' FOOTSTEPS WHO DIED OF 

 23 CANCER OF THE KIDNEY AND BONES AND ABDOMINAL 

 24 CANCER COLLECTIVELY IN THEIR EARLY FIFTIES. I 

 25 NEVER GOT TO EVEN MEET THEM. UNFORTUNATELY, MY 
 85 

 1 FATHER HAD MEDICAL RECORDS, ONE ON TOP OF 

 2 ANOTHER, HE HAD A THORACIC SURGEON WHO WAS 

 3 WILLING TO TELL HIM VERBALLY THAT HE KNEW THAT 

 4 THE FLUID BUILD-UP AND THE PROBLEMS IN HIS 

 5 LUNGS WERE FROM THE BERYLLIUM EXPOSURE, BUT HE 

 6 STATED OPENLY TO MY PARENTS, IF I PUT THIS ON 

 7 PAPER, I'LL BE RUINED. I WON'T WORK AGAIN. 

 8 DOE AND THE GOVERNMENT WILL RUIN ME. HE WAS 

 9 TOLD THIS BY MORE THAN ONE DOCTOR. I CAN'T 

 10 DOCUMENT THIS. WHEN WE REQUESTED HIS MEDICAL 

 11 RECORDS FROM Y-12, THERE WERE ACTUALLY PLACES 

 12 WHERE THEY HAD GONE THROUGH WITH BLACK MARKERS 

 13 AND MARKED THINGS OUT. MY TWO YOUNGER SISTERS; 

 14 ONE WAS CONCEIVED WITHIN ABOUT THREE MONTHS OF 

 15 WHEN HE WAS EXPOSED, NOW HAS MAJOR MEDICAL 

 16 PROBLEMS, SHE HAS BLOOD DYSCRASIA. THE OTHER 

 17 ONE WAS BORN THIRTEEN MONTHS AFTER HER. SHE'S 

 18 HAD MAJOR MEDICAL PROBLEMS. ALL ALONG THE LINE 

 19 NOBODY WOULD TEST, LIKE THIS LADY SAID PREVIOUS 

 20 TO ME, DOCTORS JUST SHOOK THEIR HEADS AND SAID, 

 21 I CAN'T TEST YOU. IF I TEST YOU, I'LL GET IN 

 22 TROUBLE AND I'LL PAY THE PRICE. HE SAID, JUST 

 23 REFER ME TO SOMEBODY. THEY SAID, YOU CAN'T 

 24 EVEN AFFORD THE TESTS YOU WOULD NEED. MELANIE 

 25 DAKE FROM MARTIN MARIETTA, THREE YEARS BEFORE 
 86 

 1 MY DADDY DIED, PROMISED TO SEND HIM THE FORMS 

 2 SO THAT HE COULD FILL THEM OUT AND THEY WOULD 

 3 PAY FOR THE TESTING. AFTER MULTIPLE PHONE 

 4 CALLS, HE STILL NEVER GOT THE FORMS, NEVER GOT 

 5 THE TESTING. WE WERE AT THE MEETING AT THE 

 6 MUSEUM AND WE ASKED SPECIFICALLY WHAT DO WE DO. 

 7 WE HAVE MEDICAL RECORDS DOCUMENTING HIS 

 8 EXPOSURE, HIS BURNS, HIS MEDICAL PROBLEMS AFTER 

 9 THAT. WE WERE TOLD BY THAT PANEL; IF YOU CAN 

 10 PROVE TO US, SHOW US THE MEDICAL RECORDS 

 11 PROVING HE WAS EXPOSED AND HE HAD THESE MEDICAL 

 12 PROBLEMS AFTERWARDS, YOU WILL QUALIFY. WE 

 13 ASKED TWO DIFFERENT TIMES IN TWO DIFFERENT WAYS 

 14 TO MAKE SURE. MY MOTHER SUBMITTED THE CLAIM, 

 15 SHE WAS TURNED DOWN OUTRIGHT. YOU DON'T HAVE 

 16 THE PROPER TESTING. SHE CALLED UP AND SAID, 

 17 WHAT DO I DO NEXT. CAN I GET AN APPEAL, CAN I 

 18 GET AN INTERVIEW. RESUBMIT AGAIN. WE'LL LOOK 

 19 AT IT AGAIN. THAT IS THEIR ANSWER. WE FEEL 

 20 PERSONALLY THAT THESE TASKS FORCE, OR WHOEVER 

 21 THE PEOPLE ARE THAT ARE PAID TO LOOK AT THESE, 

 22 ARE WORKING DILIGENTLY TO KEEP US FROM GETTING 

 23 THESE PAYMENTS RATHER THAN ALLOWING US TO GET 

 24 THEM. WE ARE BEING PUNISHED BECAUSE MY DADDY 

 25 DIDN'T HAVE THE PROPER RECORDS. HE WAS 
 87 

 1 DISCHARGED IN 1973. HE WADED UP TO HIS ANKLES 

 2 IN RADIATION-FILLED WATER, HE WOULD HAND HIS 

 3 DOSIMETER IN AND IT WOULD SET THE METERS OFF 

 4 AND THEY WOULD FALSIFY THE NUMBER AND TELL HIM 

 5 TO GO ON. 

 6 MR. LAWSON: LET'S HAVE A RESPONSE. 

 7 SPEAKER: HOW DO WE PROVE THAT MY DADDY, 

 8 WHEN HE WAS RETIRED WITH FOUR CHILDREN NOT EVEN 

 9 OUT OF HIGH SCHOOL YET, SUFFERED A DISEASE THAT 

 10 NOBODY WAS WILLING TO ADMIT TO? MY MOTHER IS 

 11 LIVING ON A LIMITED INCOME, HIS SOCIAL 

 12 SECURITY, BECAUSE HE RETIRED AT FORTY-SEVEN ON 

 13 MEDICAL, HE NEVER EVEN GOT A CHANCE TO EVEN GET 

 14 FULL SOCIAL SECURITY. SHE'S ON A VERY LIMITED 

 15 INCOME. HOW DO WE GET A CHANCE WHEN WE CAN'T 

 16 EVEN GET PAST THE REVIEWER WHO AUTOMATICALLY 

 17 SAYS; NO TESTS, FORGET IT. 

 18 MR. TURCIC: ARE YOU REFERRING TO A 

 19 FEDERAL CLAIM OR A STATE CLAIM? 

 20 SPEAKER: THE ONE THAT WENT TO 

 21 JACKSONVILLE. 

 22 MR. TURCIC: I DON'T UNDERSTAND WHERE 

 23 THIS ISSUE OF RECONSIDERATION OR RESUBMISSION 

 24 BECAUSE THAT IS NOT PART OF THE PROCESS. THE 

 25 PROCESS WOULD BE, YOU MAY HAVE GOTTEN A 
 88 

 1 DEVELOPMENTAL LETTER. YOU MAY HAVE GOTTEN A 

 2 LETTER THAT IS DEVELOPING THE MEDICAL ASKING 

 3 YOU TO SUBMIT THE MEDICAL INFORMATION. 

 4 SPEAKER: NO, WE GOT A LETTER DENYING. 

 5 MR. TURCIC: THERE IS NO PART OF THE 

 6 PROCESS OF ANYTHING OF RESUBMITTING, THE 

 7 PROCESS IS YOU WOULD GET A RECOMMENDED DECISION 

 8 AT WHICH TIME YOU COULD ASK FOR A HEARING OR 

 9 YOU COULD ASK FOR A REVIEW OF THE RECORD. BUT 

 10 THERE IS NO SUCH THING. 

 11 SPEAKER: WE GOT A LETTER SAYING YOU 

 12 CAN'T MEET TWO OF THE FIVE CRITERIA, YOU ARE 

 13 DENIED. MY MOTHER CONTACTED THEM AND SAID, 

 14 WHAT CAN I DO TO HAVE THIS RECONSIDERED. THEY 

 15 SAID, RESUBMIT YOUR CLAIM AGAIN WITH ALL OF THE 

 16 SAME DOCUMENTATION. 

 17 MR. TURCIC: MA'AM, I'M NOT DENYING YOU 

 18 WERE TOLD THAT. THAT IS NOT THE PROCESS. 

 19 SPEAKER: WELL, WHEN YOU HAVE GOT PEOPLE 

 20 THAT DON'T KNOW YOUR PROCESS AND I THINK, FROM 

 21 WHAT I'VE BEEN HEARING TONIGHT HERE, YOU'VE GOT 

 22 PEOPLE THAT DON'T KNOW YOUR PROCESS THAT ARE 

 23 MAKING DECISIONS THAT ARE AFFECTING PEOPLE. MY 

 24 MOTHER IS SIXTY-EIGHT YEARS OLD. 

 25 MR. TURCIC: DID YOU RECEIVE A 
 89 

 1 RECOMMENDED DECISION OR JUST A LETTER FOR 

 2 MEDICAL? 

 3 SPEAKER: SHE CAN SPEAK MORE TO THAT. 

 4 THE LETTER DENIED THE CLAIM. 

 5 MR. TURCIC: NO, THE LETTER CAN'T -- 

 6 SPEAKER: IT DID. 

 7 MR. TURCIC: EVEN A RECOMMENDED DECISION 

 8 IS NOT, I NEED TO STRESS THIS SO PEOPLE 

 9 UNDERSTAND. A DENIAL, UNTIL IT IS A FINAL 

 10 DECISION, THERE IS NO DENIAL UNTIL IT'S A FINAL 

 11 DECISION. 

 12 SPEAKER: IT WAS DENIED AND WHEN I 

 13 TALKED TO HER BY PHONE THEN, WHAT DO I DO, SHE 

 14 SAID, YOU MUST HAVE THESE FIVE CRITERIA. 

 15 MR. TURCIC: THREE OF THE FIVE. 

 16 SPEAKER: WELL, ANYWAY I HAD TO HAVE THE 

 17 TOTAL OF FIVE. I'M TELLING HER I HAVE THE FORM 

 18 AT OAK RIDGE THAT SHOWS HE WAS BURNED, THAT A 

 19 DOCTOR TENDED TO HIM THROUGH OAK RIDGE, WE GOT 

 20 THE THINGS THAT HAD ALL THIS STUFF BLACKED OUT 

 21 WITH A MARKER. WHAT WERE THEY TRYING TO 

 22 ATTEMPT TO DO THERE? IT WAS TURNED DOWN BUT 

 23 SHE SAID I COULD RESUBMIT EVERYTHING AGAIN. 

 24 AND I SAID, BUT I SENT YOU COPIES. WELL, SEND 

 25 ME MORE COPIES. WE WILL REVIEW IT, OR WHETHER 
 90 

 1 SHE USED THAT TERM OR NOT, WE'LL GO OVER IT 

 2 AGAIN, BUT IF YOU DON'T HAVE THIS MATERIAL, YOU 

 3 WILL BE TURNED DOWN AGAIN JUST FLAT. SO A 

 4 LETTER WENT OUT THEN BY FAX. I CAN'T GET IT 

 5 READY IN THIRTY DAYS, I CAN'T, I HAVE SEARCHED 

 6 HOSPITALS, I'VE SEARCHED DOCTORS FOR FORTY 

 7 YEARS. I HAVE GOT HIS DOCTOR WHO DID HIS FIRST 

 8 BRONCHOSCOPY WHO SAID THAT HE COULD NOT PUT 

 9 DOWN THERE THAT IT WAS BERYLLIUM, BUT HE WAS 

 10 SURE IT WAS. HE IS EIGHTY YEARS OLD, HE DOES 

 11 NOT HAVE RECORDS THAT ARE FORTY YEARS OLD. ONE 

 12 OF HIS DOCTORS THAT WAS TENDING TO HIM DIED. 

 13 HIS RECORDS ARE GONE. OUR FAMILY PHYSICIAN WHO 

 14 FIRST SENT HIM TO THE THORACIC SURGEON IS 

 15 RETIRED. HIS MATERIAL, HIS FILES, ARE GONE. 

 16 WHAT DO YOU DO? I CAN'T GET A DOSIMETER 

 17 READING. AND FOR YEARS MY HUSBAND BELIEVED YOU 

 18 DON'T SAY ANYTHING ABOUT CARBIDE. LIKE THE 

 19 MILITARY. YOU GO TO YOUR DEATH NOT SHARING 

 20 INFORMATION. AND HE WAS REALLY ANGRY AT WHAT 

 21 HAD BEEN TRANSPIRED. HE SENT HIS RECORDS TO A 

 22 LAWYER WHO HAD SETTLED ONE CASE AND THIS LAWYER 

 23 IN CHATTANOOGA AND HE SAID, YES, I CAN HELP 

 24 YOU. GUESS WHAT? WE GOT THE STACK BACK. I'M 

 25 SORRY, I CAN'T HELP YOU. SO WHO SQUEEZED THIS 
 91 

 1 LAWYER? 

 2 MS. COOK: LET ME JUST SAY THIS. WE 

 3 NEED TO GET, I WOULD LIKE TO MAKE SURE THAT 

 4 PETE AND I ARE TOGETHER AND WE FOLLOW UP AND 

 5 FIND OUT WHAT WE CAN DO NEXT FOR YOU AND FIND 

 6 OUT HOW TO GO FORWARD. I WILL ABSOLUTELY AGREE 

 7 WITH YOU THAT THIS IS VERY COMPLICATED AND SOME 

 8 OF THE LETTERS THAT I HAVE SEEN GO BACK AND 

 9 FORTH, LIKE I SAID, I HAVE SPENT A LOT OF TIME 

 10 WITH UNION WORKERS AND MY FAMILY ARE ALL UNION 

 11 WORKERS, I'LL JUST TELL YOU THAT. AND MY 

 12 FATHER LOOKED AT A LOT OF LETTERS HE GOT FROM 

 13 FOLKS SAYING I DON'T KNOW WHAT THIS MEANS, BUT 

 14 IT SURE DOES NOT LOOK GOOD TO ME. WE'VE GOT TO 

 15 START WORKING AT HOW WE COMMUNICATE SO THAT 

 16 EVERYONE CAN BETTER UNDERSTAND WHERE YOU ARE IN 

 17 THE PROCESS AND WHAT IT MEANS NEXT. BUT LET US 

 18 TAKE A LOOK SPECIFICALLY AT YOUR CASE TO SEE 

 19 WHAT ELSE WE CAN DO TO HELP. 

 20 MR. LAWSON: MAKE SURE YOU GIVE YOUR 

 21 NAME. 

 22 SPEAKER: I WILL. CAN I JUST SAY ONE 

 23 LAST THING, PLEASE, AND I KNOW YOU'RE ON THIS 

 24 TIME SCHEDULE. I'M AN RN AND TO ME DOE HAS 

 25 BEEN DOING TO US WHAT I WOULD SAY A PATIENT 
 92 

 1 WOULD SAY TO ME IF I WALKED UP TO THEM AND SAID 

 2 YOU DON'T NEED THIS TEN O'CLOCK DOSE OF 

 3 MEDICATION, ALTHOUGH YOU ARE VERY SICK, BECAUSE 

 4 I HAVE MADE UP MY MIND YOU DON'T NEED IT. AND 

 5 I THINK THAT IS WHAT DOE AND THE OTHERS ARE 

 6 TRYING TO DO TO US. YOU ARE TRYING TO CRAM US. 

 7 (APPLAUSE) 

 8 MR. LAWSON: I SEE FOUR PEOPLE HERE. I 

 9 WANT TO TAKE ALL FOUR OF YOU, BUT I'M GOING TO 

 10 ASK ALL FOUR OF YOU TO BE VERY QUICK, LIKE A 

 11 MINUTE, IF YOU CAN SO THE PEOPLE WHO'VE BEEN 

 12 WAITING A LONG TIME WOULD BE ABLE TO TALK TO 

 13 THESE FOLKS. PLEASE, MA'AM. 

 14 SPEAKER: MY NAME IS ELIZA ROBINSON AND 

 15 I WORKED AT K-25 EIGHTEEN YEARS. AND I WENT TO 

 16 OAK RIDGE HOSPITAL THIRTY-SIX TIMES OUT OF THE 

 17 EIGHTEEN YEARS WHEN THEY WOULD SEND ME TO WORK 

 18 IN THE MAIL ROOM. I COULD NOT BREATHE AND THEY 

 19 WOULD SEND ME AND DR. FORTNEY WOULD SAY, YOU 

 20 WILL HAVE TO GO TO THE HOSPITAL. AND I WOULD 

 21 HAVE MY THROAT BURNING AND THEY WOULD GIVE ME 

 22 SOME KIND OF MEDICINE AND KEEP ME UP THERE 

 23 WEEKS AT A TIME. AND THEN DR. THOMAS CAME OUT 

 24 THERE. I HAD THE SAME THING EVERY TIME THEY 

 25 WOULD SEND ME TO THE MAIL ROOM TO WORK. AND I 
 93 

 1 HAVE GOT THYROIDS, I'VE GOT A GOITER AND I'M ON 

 2 OXYGEN. AND THIS IS WHAT I CAN'T UNDERSTAND, I 

 3 WASN'T LIKE THAT WHEN I WENT THERE, DID I NEVER 

 4 WOULD HAVE WENT. 

 5 MR. LAWSON: HAVE YOU FILED A CLAIM FOR 

 6 ANYTHING, MA'AM? 

 7 SPEAKER: YES, I HAVE. 

 8 MR. LAWSON: WHAT IS THE STATUS? 

 9 SPEAKER: I GOT A LETTER BACK SAYING, 

 10 WELL, IT IS NOT CANCER YET AND I WAS TURNED 

 11 DOWN. 

 12 MS. COOK: THE FEDERAL PROGRAM, IT 

 13 SOUNDS LIKE WHAT YOU ARE TALKING ABOUT IS 

 14 WAITING FOR THE SUBTITLE D PROGRAM TO GET IN 

 15 PLACE SO WE CAN HELP YOU WITH STATE WORKERS 

 16 COMP BECAUSE WHAT YOU ARE TALKING ABOUT -- 

 17 SPEAKER: THAT'S WHAT I WANT TO KNOW. I 

 18 WAS NOT SICK BEFORE I WENT THERE. 

 19 MS. COOK: I UNDERSTAND. 

 20 SPEAKER: AND THIS IS WHAT I WANT TO 

 21 KNOW. AS LONG AS I DIDN'T GO IN THE MAIL ROOM 

 22 AT 1037, I DROVE THE TAXI, I DIDN'T HAVE THE 

 23 PROBLEM. BUT WHEN I WOULD GO IN THERE WHERE 

 24 ALL THAT WAS, I COULD NOT BREATHE AND MY THROAT 

 25 WOULD BE BURNING AND THEY WOULD CALL AN 
 94 

 1 AMBULANCE AND SEND ME TO OAK RIDGE HOSPITAL. 

 2 MS. COOK: WE NEED TO MOVE FORWARD AND 

 3 GET OUR PROGRAM GOING. 

 4 SPEAKER: THAT LETS YOU KNOW RIGHT THERE 

 5 THAT SOMETHING WAS WRONG. AS LONG AS THEY 

 6 DIDN'T SEND ME IN THE BUILDING AND DIDN'T SEND 

 7 ME IN 1420, I DIDN'T HAVE THE PROBLEM. BUT 

 8 WHEN I WOULD GO IN THERE THEN I WOULD GET ALL 

 9 OF THESE PROBLEMS AND TO OAK RIDGE HOSPITAL I 

 10 WOULD GO. WELL, THEY HAD ALREADY SENT A LETTER 

 11 BEFORE THE AMBULANCE GOT THERE. YOU KNOW, 

 12 PEOPLES ARE NOT DUMB, YOU KNOW, BECAUSE YOU 

 13 DON'T GO THERE WITH THE SAME THING. AND THEN 

 14 FINALLY THEY GAVE ME A DISABILITY, YOU KNOW. 

 15 AND DR. FORTNEY SAID, WE CAN'T SEND HER BACK IN 

 16 THE MAIL ROOM. OKAY. 

 17 MR. LAWSON: I'M SORRY, WE CAN'T DEAL 

 18 WITH AN INDIVIDUAL CASE, BUT IF YOU WILL GIVE 

 19 YOUR NAME, I'M SURE THAT SOMEBODY WILL, IF YOU 

 20 HAVEN'T GOT THE ANSWER, WHICH I THINK YOU HAVE 

 21 HAD HERE, WHEN THESE REVISIONS COME THROUGH YOU 

 22 WILL PROBABLY BE INCLUDED, BUT MAKE SURE YOU 

 23 TALK TO SOMEBODY AFTER SO THAT WE HAVE YOUR 

 24 NAME. QUICKLY PLEASE. 

 25 SPEAKER: MY NAME IS VICKIE HATFIELD AND 
 95 

 1 I'M HERE ON BEHALF OF MY FATHER, HIS NAME WAS 

 2 LEON MEADE. AND LIKE A GOOD NUMBER OF OTHER 

 3 PEOPLE HERE, HE DIED IN JANUARY OF LUNG CANCER. 

 4 I HAVE BEEN ON BOTH ENDS OF THE WORKMAN'S 

 5 COMPENSATION AND OF THE DOL PROCEDURE. I'LL 

 6 SAY WE ARE LUCKY WE GOT COMPENSATION FOR 

 7 DADDY'S LUNG CANCER, BUT I LOST MY FATHER IN 

 8 THE MEANTIME, SO I DON'T CONSIDER THAT TO BE 

 9 LUCK AND I DON'T CONSIDER A HUNDRED AND FIFTY 

 10 THOUSAND DOLLARS COMPENSATION FOR HIS LIFE. 

 11 WHAT I'D REALLY LIKE TO ADDRESS IS THE 

 12 WORKMAN'S COMPENSATION ISSUE. HAVING BEEN ON 

 13 BOTH ENDS OF THAT, IT IS A HORRIBLE, HORRIBLE 

 14 THING. THEY DON'T PAY. THEY DON'T SMALL 

 15 CLAIMS. I WOULD CALL ABOUT DADDY'S MEDICINE 

 16 AND I WOULD SAY, YOU NEED TO PAY FOR THIS. AND 

 17 THEY WOULD GO, NO. AND I'D GO, WHY NOT. AND 

 18 THEY'D SAY, WHAT'S IT FOR. WELL, IF YOU ARE 

 19 GOING TO DENY IT, YOU SHOULD KNOW WHAT IT IS 

 20 FOR BEFORE YOU DENY IT. WHAT'S UP WITH THAT? 

 21 THEY JUST WON'T PAY. THEN WE FILED AGAIN FOR 

 22 DEATH BENEFITS BECAUSE MY FATHER DIED OF LUNG 

 23 FAILURE. AND I WAS TOLD THROUGH THE THIRD 

 24 PARTY WORKMAN'S COMPENSATION PEOPLE THAT THE 

 25 DEPARTMENT OF ENERGY DID NOT BELIEVE THAT MY 
 96 

 1 FATHER'S DEATH WAS CAUSED SPECIFICALLY BY HIS 

 2 WORK-RELATED ILLNESS. MY FATHER HAD ASBESTOS 

 3 THAT THE DOCTORS HAVE SAID IN WRITING TURNED TO 

 4 LUNG CANCER. I CAN'T IMAGINE WHAT ELSE WOULD 

 5 HAVE CAUSED MY FATHER TO LAY THERE FOR HOURS 

 6 THE DAY THAT HE DIED SUFFOCATING TO DEATH 

 7 EXCEPT HIS ASBESTOS AND HIS LUNG CANCER. WHY 

 8 WOULD THEY WANT TO FIGHT ME ON THIS? HE 

 9 ALREADY HAD WORKERS COMPENSATION, WE'D ALREADY 

 10 GOT DOL MONEY, BUT THEY DON'T WANT TO ADMIT 

 11 THAT HIS DEATH IS CAUSED FROM HIS WORK-RELATED 

 12 ILLNESS. TO ME, THAT IS A TRAVESTY, THAT IS 

 13 WRONG. IT'S JUST WRONG. AND THIS CAME 

 14 DIRECTLY FROM THE THIRD PARTY WORKMAN'S 

 15 COMPENSATION PEOPLE WHO ARE SAYING THE ATTORNEY 

 16 FOR DEPARTMENT OF ENERGY SAYS THEY DON'T 

 17 BELIEVE HIS DEATH WAS ATTRIBUTED TO HIS WORK 

 18 WHEN IT SPECIFICALLY SAID ON HIS DEATH 

 19 CERTIFICATE FIVE DIFFERENT CAUSES ALL WORK 

 20 RELATED. I APPRECIATE YOUR TIME. 

 21 MS. COOK: LET ME JUST TELL YOU REAL 

 22 QUICK HOW THIS IS GOING TO WORK AND THAT IS 

 23 THAT THE LEGISLATION IS VERY CLEAR THAT WE ARE 

 24 TO ASSIST AND TO ASSURE PAYMENT BY OUR 

 25 CONTRACTORS. OF COURSE, THE ONLY ONES THAT I 
 97 

 1 CAN REACH OUT AND TOUCH ARE THE ONES THAT I 

 2 ACTUALLY HAVE SOME KIND OF CONTRACTUAL AGENT 

 3 WITH. I'LL TELL YOU RIGHT NOW, NO MATTER WHAT 

 4 THEY SAID, IT WAS NOT A DOE LAWYER WHO SAID 

 5 THAT BECAUSE WORKERS COMP IS A CONTRACTOR, IT'S 

 6 NOT A DOE PERSON. BUT THERE IS A LOT OF 

 7 CONFUSION AROUND THAT TOO. BUT WHAT WE CAN DO 

 8 HERE IS GET THIS RULE IN PLACE AND GO BACK AND 

 9 REVISIT THOSE CASES AND I CAN PUT THAT KIND OF 

 10 PRESSURE ON TO MAKE SURE THAT WE GET OUR 

 11 CONTRACTORS PAYING UP FOR THAT. I'M 

 12 REIMBURSING THEM FOR PAYING, OKAY, SO IT IS NOT 

 13 AN ISSUE TO THEM ABOUT MONEY. 

 14 SPEAKER: I UNDERSTAND THAT AND I HAVE 

 15 BEEN INVOLVED IN THIS FROM THE ONSET. AND THE 

 16 PROBLEM THAT I SEE AS I LOOK OUT OVER THIS 

 17 GROUP OF PEOPLE IS THAT THERE ARE A LOT OF 

 18 PEOPLE HERE WHO NEED WORKMAN'S COMPENSATION WHO 

 19 DON'T MAYBE QUALIFY FOR THE DOL MONEY, BUT THEY 

 20 CERTAINLY NEED HELP. AND WITH THE BATTLES THAT 

 21 WE ARE FIGHTING, THEY ARE NOT GOING TO GET THAT 

 22 HELP AND THAT NEEDS TO BE ADDRESSED RATHER 

 23 QUICKLY. THANK YOU. 

 24 MS. COOK: THAT'S WHY WE OUGHT TO GET 

 25 MOVING QUICKLY ON THIS. 
 98 

 1 MR. LAWSON: QUICKLY, SIR. 

 2 SPEAKER: JIM BLANKENSHIP WITH THE 

 3 ATOMIC TRADES LABOR COUNCIL HERE IN OAK RIDGE. 

 4 FIRST JUST A COUPLE OF QUICK COMMENTS AND THEN 

 5 A QUICK QUESTION. THE ATOMIC TRADES AND LABOR 

 6 COUNCIL WOULD LIKE TO EXTEND ITS THANKS TO ALL 

 7 THE HARD WORK THAT HAS BEEN DONE AT THE ENERGY 

 8 EMPLOYEES COMPENSATION RESOURCE CENTER HERE IN 

 9 THE OAK RIDGE. THE STAFF HERE HAS TREATED EACH 

 10 AND EVERY ONE COMING THROUGH THEIR OFFICE WITH 

 11 KINDNESS AND UNDERSTANDING AND LIKE A MEMBER OF 

 12 THEIR OWN FAMILY. THE ATOMIC TRADES WOULD ALSO 

 13 LIKE TO THANK BOTH CONGRESSMEN WAMP AND DUNCAN 

 14 FOR THEIR SUPPORT AND EFFORTS WITH THE ATOMIC 

 15 TRADES COUNCIL AND THEIR ATTEMPT TO ACQUIRE A 

 16 CAT SCAN MACHINE FOR OUR MEMBERS AT ORNL AND 

 17 Y-12. AND THE LAST COMMENT WOULD BE THAT IT 

 18 APPEARS THAT THE DISTRICT OFFICE IN FORT 

 19 LAUDERDALE, FLORIDA DOES NOT APPEAR TO HAVE THE 

 20 SAME LEVEL OF CONCERN AND URGENCY THAT THE 

 21 ENERGY EMPLOYEES RESOURCE CENTER HERE IN OAK 

 22 RIDGE HAS OR ON THE DECEASED WORKERS' FAMILIES. 

 23 THE QUESTION I HAVE IS PRIOR TO COMING TO WORK 

 24 AT ORNL, WHICH I HAVE BEEN THERE TEN YEARS, I 

 25 WORKED SEVENTEEN YEARS WITH KNOXVILLE BUILDING 
 99 

 1 TRADES, I'VE WORKED ALL OVER THE COUNTRY, A 

 2 YEAR IN ROCKY FLATS, WORKED A YEAR AT SAVANNAH 

 3 RIVER AND ALL THREE OAK RIDGE PLANTS. IF 

 4 SOMETHING HAPPENS TO ME SOMEWHERE DOWN THE 

 5 PIKE, WHO DO I GO SEE? 

 6 MS. COOK: YOU ARE LIKE ME. WHO DO I GO 

 7 SEE? THAT IS STILL A PART THAT WE HAVE TO 

 8 SETTLE OUT AND EACH STATE IS DIFFERENT THAT WAY 

 9 TOO. SOMETIMES THEY SAY WHEREVER YOU LAST 

 10 RESIDED, SOMETIMES THEY SAY BETWEEN STATES AND 

 11 WE HAVE TO WORK OUT AGREEMENTS WITH EACH STATE 

 12 WHAT THEIR STATE WORKERS COMP AND HOW THAT'S 

 13 GOING TO BE DEALT WITH. BUT I'LL ASSURE YOU 

 14 THAT YOU ARE CERTAINLY NOT A MINORITY ANYMORE 

 15 THAN I AM. WE HAVE BEEN AT MULTIPLE SITES AND 

 16 WE'VE GOT TO FIGURE OUT, ESPECIALLY IF MULTIPLE 

 17 WORKER COMP PROGRAMS APPLY, HOW WE MIGHT DEAL 

 18 WITH THAT. SO THAT IS SOMETHING HIGH ON MY 

 19 LIST OF TRYING TO SORT THROUGH. 

 20 SPEAKER: AND ONE LAST COMMENT. THERE 

 21 IS A LOT OF PEOPLE HERE STILL WHO WISH TO 

 22 SPEAK. THANK YOU. 

 23 MS. COOK: I KNOW THAT. THANK YOU. 

 24 MR. LAWSON: THE LAST COMMENT OVER HERE 

 25 PLEASE. 
 100 

 1 SPEAKER: MY NAME IS TOMMY FULLER, I'M A 

 2 REPRESENTATIVE WITH THE SHEET METAL WORKERS 

 3 INTERNATIONAL ASSOCIATION. I HAVE MET WITH MS. 

 4 COOK BEFORE AND WE APPRECIATE CONGRESSMAN 

 5 WAMP'S OFFICE FACILITATING THIS MEETING. I DID 

 6 WANT TO STATE, THOUGH, IT IS VERY EVIDENT, JUST 

 7 AS THE FIRST GENTLEMAN THAT GOT UP AND SPOKE, 

 8 THERE ARE MANY SHORTCOMINGS WITHIN THE ACT 

 9 ITSELF. WHEN YOU LOOK AT ALL THE HEAVY METALS 

 10 AND THINGS THAT WE RUN INTO AT THESE FACILITIES 

 11 THAT ARE NOT COVERED, NUMEROUS BUILDINGS THAT 

 12 THESE DIFFERENT TYPES OF METALS, WHETHER IT BE 

 13 BERYLLIUM, LEAD, MERCURY, THAT WE HAVE WORKERS 

 14 THAT ARE GETTING EXPOSED TO, NOT ONLY IN THE 

 15 SHEET METAL CRAFT, BUT ALL THE BUILDING TRADES 

 16 AND MAINTENANCE CRAFTS OUT HERE AT THE PLANT. 

 17 IT IS CERTAINLY A TRAGEDY THAT THESE PEOPLE 

 18 DON'T HAVE SOME TYPE OF COMPENSATION THAT WERE 

 19 IN LEAD OR, FOR INSTANCE, EVEN WITH THE 

 20 BERYLLIUM LEGISLATION, MY UNDERSTANDING IS THAT 

 21 IT COVERS THE INDIVIDUALS THAT MIGHT HAVE BEEN 

 22 MACHINING THE BERYLLIUM AND THINGS OF THAT 

 23 NATURE. WHAT WE RUN INTO, FOR INSTANCE, FOR 

 24 EXAMPLE, IN THE SHEET METAL INDUSTRY, OUR 

 25 MEMBERS GO IN AND WHEN WE TEAR OUT THE EXHAUST 
 101 

 1 DUCT WORK AND UPGRADE THE EXHAUST SYSTEMS, 

 2 THESE HEAVY METALS ARE LAYING WITHIN THE DUCT 

 3 WORK AND OUR MEMBERS ARE EXPOSED TO NUMEROUS, 

 4 WHETHER IT BE CONTAMINATION, HEAVY METALS, WHAT 

 5 HAVE YOU, AND THEY ARE NOT COVERED AND THAT IS 

 6 VERY UNFORTUNATE. I'M PROUD TO BE A CRAFTS 

 7 PERSON AND I'VE WORKED OUT HERE MYSELF EIGHT 

 8 AND A HALF YEARS BEFORE TAKING THIS POSITION. 

 9 WE HAVE HAD PEOPLE THAT HAVE BEEN OUT HERE 

 10 SINCE THE FORTIES, WHETHER IT BE CONSTRUCTING 

 11 OR MAINTAINING THESE FACILITIES THAT WE 

 12 REPRESENT. ONE GENTLEMAN MENTIONED HE WAS 

 13 PROUD TO WORK OUT HERE AND DIDN'T HAVE ANY 

 14 COMPLAINTS AND WAS GLAD HE HAD A JOB FOR HIS 

 15 FAMILY. MOST OF OUR MEMBERS FEEL THAT WAY AND 

 16 THEY CERTAINLY ARE HONORED TO BE PART OF THE 

 17 COLD WAR EFFORT AND THE WAR EFFORT AND WHAT 

 18 THEY'VE DONE FOR THIS COUNTRY. I'M A TAXPAYER 

 19 ALSO. I REALIZE THIS IS GOING TO COST A LOT OF 

 20 MONEY, BUT PEOPLE THAT COME OUT HERE WERE A 

 21 PART OF WAR EFFORT AND THE COLD WAR EFFORT. 

 22 THEY HAVE BEEN LIED TO, THEY'VE BEEN MADE SICK, 

 23 THEY'VE SUFFERED, THEY CERTAINLY DO NOT DESERVE 

 24 TO NOT BE COMPENSATED AT LEAST FOR THEIR 

 25 MEDICAL EXPENSES FOR ALL THE RELATED DISEASES, 
 102 

 1 NOT JUST THOSE WITHIN THE ACT. AND I WOULD 

 2 LIKE THE CONGRESSMEN AND THE PEOPLE TO HEAR 

 3 THIS. THEY NEED TO REQUIRE THE ACT TO COVER 

 4 MORE EMPLOYEES THAT HAVE BECOME ILL DUE TO 

 5 WHETHER IT BE CHEMICAL OR HEAVY METAL EXPOSURE 

 6 OUT HERE AT THESE SITES AND TAKE CARE OF THEM 

 7 AND THEIR FAMILIES BECAUSE THEY CERTAINLY CAME 

 8 OUT HERE AND WORKED FOR THEIR COUNTRY, WE ARE 

 9 PROUD TO DO IT AND THEY SHOULD BE COMPENSATED 

 10 FOR DOING THAT. THANK YOU. 

 11 MR. LAWSON: MA'AM, I SAW YOU STANDING 

 12 OVER THERE. CAN YOU BE EXTREMELY QUICK, OR DO 

 13 YOU HAVE SOME WRITTEN COMMENTS YOU'D LIKE TO 

 14 SUBMIT? 

 15 SPEAKER: THEY ARE NOT WRITTEN, I JUST 

 16 HAVE A FEW THINGS THAT ARE DOWN. 

 17 MR. LAWSON: PLEASE GO AHEAD. 

 18 SPEAKER: MY NAME IS DIANE GRAY. I'M A 

 19 WIFE OF A SICK WORKER. (CRYING) EXCUSE ME. HE 

 20 HAS NOT WORKED IN SEVEN YEARS. HE LOVED HIS 

 21 JOB, HE LOVED WORKING FOR THEM AND BEING A COLD 

 22 WAR VETERAN. NOT ONLY IS HE A COLD WAR VETERAN 

 23 BUT HE IS A VETERAN, HE SERVED HIS COUNTRY IN 

 24 THE AIR FORCE. BUT I DO NOT APPRECIATE THEM 

 25 MAKING HIM SICK. EVERYTHING THAT HE HAS IS NOT 
 103 

 1 COVERED. WE ARE GOING TO HAVE TO FIGHT TO BE 

 2 ABLE TO GET ANYTHING IS TO GO THROUGH THE STATE 

 3 WORKMANS COMP, THAT IS A JOKE. THAT IS A JOKE. 

 4 WHY SHOULD IT BE STATE? WHY CAN IT NOT BE 

 5 FEDERAL? 

 6 MS. COOK: IF THAT'S A QUESTION, I'LL 

 7 JUST TELL YOU THE LEGISLATION SAYS DOE ASSISTS 

 8 YOU TO GET STATE WORKERS COMP. YOU CAN IMAGINE 

 9 HOW DIFFICULT THAT IS FOR ME TRYING TO LOOK OUT 

 10 FOR THE ENTIRE WORK FORCE WHERE IT VARIES STATE 

 11 TO STATE. IF WE, AS A COUNTRY, DECIDE WE WANT 

 12 A FEDERAL WORKERS COMP PROGRAM WE NEED TO MOVE 

 13 TOGETHER AND MAKE THAT HAPPEN. 

 14 SPEAKER: IT NEEDS TO HAPPEN AND THIS IS 

 15 WHERE WAMP AND DUNCAN NEED TO GET ON THE BALL 

 16 AND GET GOING. THEY HAVE PLAYED AROUND TOO 

 17 LONG. THERE ARE SO MANY WORKERS THAT ARE SICK 

 18 IN THIS AREA THAT ARE BARELY HANGING ON BY THE 

 19 SKIN OF THEIR TEETH. WHEN YOU ARE USED TO 

 20 HAVING MONEY COME IN AND NOW YOU ARE LIVING ON 

 21 SOCIAL SECURITY, THAT IS A JOKE. THEY DON'T 

 22 PAY YOU ANYTHING. AND THEN YOU ARE SUPPOSED TO 

 23 GET DISABILITY FROM THE PLANT. YOU DON'T GET 

 24 THAT BECAUSE YOU HAVE TO PAY EVERYTHING BACK. 

 25 THAT IS NOT FAIR. WHEN WE GET OUR STATE 
 104 

 1 WORKMANS COMP, THOSE OF US WHO GET SOCIAL 

 2 SECURITY ARE GOING TO HAVE TO PAY THAT BACK. 

 3 THAT NEEDS TO BE MADE A LAW THAT WE DO NOT HAVE 

 4 TO PAY THAT BACK. WE ARE HAVING TO PAY A 

 5 LAWYER. WE SHOULD NOT HAVE TO BE PAYING A 

 6 LAWYER BECAUSE WE WORK FOR OUR COUNTRY. WE ARE 

 7 VETERANS, COLD WAR VETERANS, YOU ARE NOT 

 8 TREATING US LIKE COLD WAR VETERANS, YOU ARE 

 9 TREATING US LIKE SCUM. I'M SORRY, I'M MAD, BUT 

 10 IT HURTS TO SEE SOMEONE YOU LOVE WHO CAN'T EVEN 

 11 WORK FOR MORE THAN FIVE TO TEN MINUTES BECAUSE 

 12 HE CAN'T BREATHE, BUT HE IS NOT SICK, ACCORDING 

 13 TO YOUR LIST. DONZETTA THAT WAS UP HERE A 

 14 WHILE AGO, I HAVE KNOWN HER SINCE WE STARTED 

 15 THIS. MY HUSBAND IS AMONG ONE OF THE FIFTY-TWO 

 16 WORKERS WHO HAS BEEN TESTED. WE WENT TO 

 17 KENTUCKY, WE WENT EVERYWHERE AND THOSE DOCTORS 

 18 UP THERE DIDN'T REALLY WANT TO MESS WITH US. 

 19 THEY DIDN'T LIKE US, THEY DIDN'T LIKE US BEING 

 20 UP THERE. THEY GOT MAD AND THEY TREATED US 

 21 VERY BADLY. BUT YOU GO TO A DOCTOR HERE; THIS 

 22 IS A COMPANY TOWN WHETHER YOU WANT TO BELIEVE 

 23 IT OR NOT. 

 24 (APPLAUSE) 

 25 MS. COOK: I KNOW THAT. I GREW UP IN 
 105 

 1 IDAHO FALLS, I KNOW WHAT A COMPANY TOWN IS TOO. 

 2 SPEAKER: YES, IT IS A COMPANY TOWN AND 

 3 YOU CAN'T GET MEDICAL TREATMENT HERE. I JUST 

 4 TOOK MY HUSBAND TWO WEEKS AGO TO THE EMERGENCY 

 5 ROOM WITH HEART PROBLEMS. HE DIDN'T HAVE A 

 6 HEART ATTACK, HE DIDN'T HAVE ANYTHING BUT YET 

 7 HE SET THE MONITORS OFF AND THERE'S NOTHING 

 8 WRONG WITH HIM, BUT THEY SENT HIM HOME WITH 

 9 NITROGLYCERIN. DOES THAT MAKE ANY SENSE? NO. 

 10 BUT WE CANNOT CHOOSE A DOCTOR OR GO GET THE 

 11 HELP THAT WE NEED. THIS IS SO FRUSTRATING. MY 

 12 HUSBAND HAS THE TREMORS. THERE IS NO REASON HE 

 13 SHOULD HAVE THE TREMORS, BUT NOW IT IS BECAUSE 

 14 HE IS ON ALL THIS MEDICATION. HE HAS FAT ON 

 15 HIS LUNGS, THEY CALL IT, THEY SAID IT WAS 

 16 PLEURA PLAQUE, WELL, NOW IT IS FAT, HE IS 

 17 OVERWEIGHT. HE WAS NOT OVERWEIGHT WHEN THEY 

 18 FIRST SHOWED UP. I DON'T UNDERSTAND WHY THESE 

 19 POOR WORKERS ARE TREATED LIKE STEPCHILDREN. 

 20 YOU ALL NEED TO DO SOMETHING AND QUIT PLAYING 

 21 AROUND WITH PEOPLES' LIVES. 

 22 MR. LAWSON: THANK YOU, MA'AM. 

 23 SPEAKER: TO ADD ONE THING TO WHAT SHE 

 24 SAID. I'M A WIDOW AND HAVE BEEN FOR FOUR 

 25 YEARS. AND THIS IS WHAT ANGERS ME BECAUSE AS I 
 106 

 1 GET OLDER, I'M NEARLY SEVENTY, I'M OFFERED 

 2 SEVENTY-FIVE THOUSAND DOLLAR LIFETIME INSURANCE 

 3 THAT I PAY FOR, SEVENTY-FIVE THOUSAND. IF I 

 4 WENT IN THE HOSPITAL AND HAD TO HAVE A CARDIAC 

 5 CATH AND WHATEVER ELSE THAT MAY FOLLOW IT, HOW 

 6 LONG IS THAT SEVENTY-FIVE THOUSAND GOING TO 

 7 LAST ME. THAT IS WHAT WIDOWS HAVE. 

 8 SEVENTY-FIVE THOUSAND. WOULD YOU ACCEPT THAT 

 9 FOR YOUR WIFE IF YOU ARE MARRIED? OR YOU? NO, 

 10 YOU WOULD NOT. SEVENTY-FIVE THOUSAND. I HOPE 

 11 ALL OF YOU UNDERSTAND THAT, YOU WIDOWS, IF YOU 

 12 ARE WIDOWS SITTING IN HERE. LOOK AT YOUR 

 13 INSURANCE POLICY. 

 14 MR. LAWSON: THANK YOU ALL VERY MUCH. 

 15 SPEAKER: EXCUSE ME, SOMEONE WANTED TO 

 16 KNOW WHY, IF YOU ALL REALLY WANTED TO KNOW THE 

 17 TRUTH, WHY ARE WE STOPPING AT EIGHT O'CLOCK? 

 18 (APPLAUSE) 

 19 MR. LAWSON: I HAVE BEEN TOLD, MA'AM, 

 20 THAT THE IDEA WAS SO THAT EVERYBODY HERE WHO 

 21 HAS NOT HAD AN OPPORTUNITY WILL HAVE MORE OF AN 

 22 OPPORTUNITY TO TALK TO INDIVIDUALS. WE HAVE 

 23 HAD AN HOUR AND A HALF FOR INDIVIDUAL CASES, 

 24 BUT WHAT IF WE HAD MAYBE TWENTY-FIVE OR THIRTY 

 25 PEOPLE, THERE IS A CHANCE NOW FOR OTHER PEOPLE 
 107 

 1 TO TALK TO THESE RESOURCE PEOPLE. 

 2 SPEAKER: THE OAK RIDGE FACILITY SHOULD 

 3 BE GIVEN MORE TIME THAN SOME OF YOUR OTHER 

 4 SITES ACROSS THE NATION BEING THE FACT THAT YOU 

 5 HAVE THREE DOE FACILITIES WITHIN A TWELVE MILE 

 6 RADIUS. THEREFORE, WE HAVE THE LARGEST NUMBER 

 7 OF SICK WORKERS THAN ANY OTHER SITE IN THE 

 8 COUNTRY. ANOTHER FACT IS THAT DOE SPENDS SEVEN 

 9 BILLION DOLLARS A YEAR ON CLEANUP OF TOXIC DIRT 

 10 AND IT IS TIME THAT SOME MONEY BE SPENT ON THE 

 11 TOXIC WORKERS. THERE ARE MORE PEOPLE IN THIS 

 12 ROOM THAT WOULD LIKE TO SPEAK AND WE WOULD LIKE 

 13 YOU TO KNOW THAT WE ARE TAXPAYERS AND WE WOULD 

 14 LIKE SOME MORE TIME, IF POSSIBLE, PLEASE. 

 15 MS. COOK: I HOPE THAT NOBODY TAKES THIS 

 16 AS AN IMPLICATION THAT I DON'T EVER INTEND TO 

 17 COME BACK TO OAK RIDGE AGAIN. I'VE BEEN HERE 

 18 BEFORE, I INTEND TO BE BACK AGAIN IN THIS JOB. 

 19 WHAT I WANT TO DO IS GET THIS PROGRAM WORKING 

 20 AND UP AND GOING. WHY I HAVE TO GET BACK 

 21 TOMORROW MORNING IS EXACTLY FOR THAT. I THINK 

 22 THAT THAT IS THE ROLE THAT I NEED TO SERVE FOR 

 23 ALL OF YOU AND I'LL CERTAINLY BE BACK HERE 

 24 AGAIN. AS WE MOVE OUT AND WE IMPLEMENT, 

 25 ESPECIALLY THE SUBTITLE D PART, AND WE CAN ALL 
 108 

 1 WORK TOGETHER TO FIGURE OUT WHAT WE WANT TO 

 2 HAVE HAPPEN NEXT. 

 3 MR. LAWSON: BEFORE WE BREAK HERE, I 

 4 WANT TO MAKE A COUPLE OF ADDITIONAL POINTS 

 5 HERE. FIRST OF ALL, ONLY FOUR PEOPLE FROM THIS 

 6 SESSION HAVE SIGNED UP SO FAR FOR AN 

 7 APPOINTMENT AT THE RESOURCE CENTER SO IF ANY OF 

 8 YOU HAVE A CASE THAT YOU WOULD LIKE TO DEAL 

 9 WITH, THERE ARE PEOPLE HERE WHO CAN SET UP AN 

 10 APPOINTMENT TO HELP YOU IN PARTICULAR. NUMBER 

 11 TWO; THESE FOLKS ARE GOING TO STAY HERE SO IF 

 12 YOU HAVE A QUESTION YOU WOULD LIKE TO DIRECT TO 

 13 THEM, YOU CAN GO SPECIFICALLY TO THAT PERSON 

 14 AND WE ENCOURAGE YOU TO DO THAT. NUMBER THREE 

 15 IS THAT EARLIER WE DID NOT REALIZE THAT THE 

 16 SENIOR FIELD REPRESENTATIVE FROM SENATOR BILL 

 17 FRIST'S OFFICE IS HERE AND HAS BEEN HERE 

 18 TONIGHT. THAT IS CAROLYN CARTER JENSON, WE 

 19 WANTED TO MAKE THAT NOTE. AND ALSO BEFORE 

 20 PEOPLE LEAVE, I WANT YOU TO KNOW THAT EVERYBODY 

 21 APPRECIATES YOUR COMING AND SHARING YOUR STORY 

 22 BECAUSE WE KNOW IT IS NOT THAT EASY. ALSO WANT 

 23 TO THANK THE PANELISTS FOR BEING HERE. YOU CAN 

 24 SEE THE LINES ARE ALREADY FORMING HERE. IF 

 25 YOU'D LIKE TO SPEAK TO THEM, YOU ARE PERFECTLY 
 109 

 1 WELCOME TO DO THAT. WE ENCOURAGE THAT. THANK 

 2 YOU VERY MUCH FOR COMING. WE APPRECIATE IT. 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 
 110 

 1 

 2 

 3 

 4 

 5 

 6 CERTIFICATE 

 7 

 8 I, JOAN S. ROBERTS, NOTARY PUBLIC AT LARGE 

 9 FOR THE STATE OF TENNESSEE AND COURT REPORTER 

 10 DO HEREBY ACKNOWLEDGE THAT THE FOREGOING ONE HUNDRED 

 11 NINE (109) PAGES ARE A TRUE AND CORRECT TRANSCRIPT OF 

 12 THE PUBLIC MEETING TAKEN BY ME IN THIS CAUSE ON THE 

 13 3RD DAY OF JUNE, 2002. 

 14 

 15 THIS THE 25TH DAY OF JUNE, 2002. 

 16 _______________________________ 

 17 JOAN S. ROBERTS, COURT REPORTER 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25