Jan. 25, 2007 - 21:48

THE MELODY LINGERS ON

Wondering, will he have any luck ? There is an article by Ann Imse of The Rocky Mountain News in that paper this morning, here quoted in full:

FORMER FLATS WORKER MAKES HIS FINAL PLEA

Cancer victim presents his case for compensation

"Former Rocky flats engineer Charlie Wolf had just one hour Wednesday to persuade a federal hearing officer to reverse her colleagues' decision and rule that Wolf's nuclear weapons work was responsible for his brain cancer."

Wolf who lives in Highlands Ranch, has a 6-inch surgery scar curving across his bald head where a tumor is making its third attempt to kill him."

"The 46-year-old father of three struggles witht he damage it has done. During the hearing, he needed help verbalizing simple words like "cluster" -- as in "cluster of brain cancers found in Rocky Flats workers."

"Wolf pointed to missing records of his radiation exposure and places in the calculations where doses had been subtracted instead of added. He also brought along experts in radiation-caused cancer to testify."

"Still, Wolf doesn't hold out much hope that the decision on his appeal will be favorable."

"Wolf is one of 1,330 former Rocky Flats workers with major illnesses who have been denied $150,000 in federal compensation and medical care. To collect, they must prove their illnesses were caused by exposure to radiation or toxic chemicals on the job."

"Wolf's "final adjudication hearing" Wednesday offers a glimpse at just how difficult that is."

"With 12 people crammed into a tiny conference room on the 16th floor of a downtown Denver high-rise, Department of Labor hearing officer Sandra Vicens-Pecenka was apologetic about the space and the rush."

"I have another peson waiting, just like you, and another after that," she explained to Wolf."

"Even before the hearing, Wolf, who supervised the demolition of a Rocky Flats plutonium building from 1995 to 2000, figured he was in trouble. That's because he never received key records he'd requested to prepare his case."

"From the documents he did receive, it appeared his case had been decided without a review of Wolf's radiation exposure during his 14 years at the Savannah River nuclear weapons plant in South Carolina."

"He also was unable to find out which co-workers, companies and other witnesses were interviewed about his case, or the number of other atom bomb workers with brain turmors who have received or been denied compensation."

"Wolf's nuero-oncologist, Dr. Edward Arenson, of LIttleton, testified that "There is no question" that Wolf's highly malignant tumor was caused by his exposure to radiation and toxic chemicals on the job. He compared the department's denial of compensation with looking at elephant and seeing a zebra."

"In contrast, the Labor Department's records showed that it paid a cardiologist $300 an hour for three hours to decide that medical literature did not show any correlation between Wolf's type of brain tumor. When Wolf asked for the materials checked by the cardiologist, he was sent a search from WebMD.com -- a source generally aimed at patients, not experts."

"The cardiologists report directly contradicted one of the documents her reviewed: a calculation from the National Institute of Occupational Safety and Health, which ruled that on-the-job radiation was 24 percent likely to have caused Wolf's brain tumor."

"Still, that was short of the 50- percent required for compensation, so Wolf was denied."

"Dr. Jim Ruttenber, a University of Colorado epidemiologist who has studied the high number of brain cancers at Rocky Flats for decades, testified tht NIOSH should have counted the likelihood as two to four time higher."

"Wolf's wife Kathy, also a former Rocky Flats engineer, said afer the hearing that even though officials compiled a huge document listing the dnagerous chemicals used at Rocky Flats, toxic chemicals weren't considered in her husband's case. "That's because there are no records of individual exposures to the chemicals," she said."

"You'd have to be doused with benzene" (a chemical that can cause leukemia) for officials to consider it," she said."

Vicens-Pecenca said she will give Wolf a month to add written testimony to his case file. Then, she'll send a record of the hearing and the file to a Labor Department health physicist for his input. After that she'll make a final decision."

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And why can't Labor Department give each person enough time in a reasonably spacious room ? Also, why isn't Labor Department going to demand records from Savannah River on Mr. Wolf when he worked there - didn't they keep any real records there ?

Hoo boy, why on earth was a cardiologist at $300 an hour for 3 hours - chosen to review any of this ? ? ? ? An oncologist would have been the proper expert to look into the case is my thought.

Why didn't Mr. Wolf receive the key records he requested ?

Why was his 14 years at the Savannah River nuclear weapons plant in South Carolina not reviewed and records obtained from that source ? ? ? ?

Seems like everything he tried to find out, he couldn't.

From what I have read there have been exceptions or waivers on many nuclear weapons employees who have been paid because of inadequate records, missing records or mistaken bookwork. Seems to me that the Rocky Flats employees are due this break too.

Particularly, the fact that he was unable to receive information on the number of other atom bomb workers with brain tumors who have received or been denied compensation, is quite damning to the government in my eyes.

I wonder if any public records are available telling the number of atomic industry workers with brain tumors and how that compares with the general public ? And wouldn't it be quite informing to know how many atomic industry workers with brain cancers have been denied compensation ?

His inability to find out which co-workers, companies and other witnesses were interviewed about his case -- is, I think, another black mark against those in power.

So, it would seem that Labor Department will continue to give lip service instead of true service to the atomic workers and end the same old song BUT THE MELODY LINGERS ON . . . . . . . . .

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