August 20,2004
Hope and doubt

I read of DOE's decision to finally assist Iowa
claimants under Subtitle D of the EEOICPA. I don't
wish to discourage anyone but I thought you should
hear of my experience.

I received a positive Physicians' Panel Determination
from the Department of Energy April 16, 2003. I filed
a claim with the Alaska Workers Compensation Board, as
suggested by Beverly Cook, DOE's assistant secretary.
I was, of course, more than a little nave because I
believed Ms. Cook when she came to Alaska in 2002, and
told us that we would not have a problem with the
willing payer issue.

I am a survivor. My husband was 32 when he was exposed
to ionizing radiation, while working as a shaft miner
on Project Cannikin at Amchitka Island. He died of
cancer in 1979 when he was 40. He was never told that
he was in danger of being exposed and he was not
protected.

DOE's Office of Worker Advocacy advised me repeatedly
to get an attorney. Now, why would I need an attorney
if my claim was going to be paid anyway? I found out
very quickly that not only did I not have a willing
payer, but my claim was attacked rather viciously by
defense attorneys representing the insurer.

The insurers obviously have deep pockets because they
brought in highpriced medical experts who tore apart
any defense I had. Incidentally all three experts have
been working off and on for DOE for the past 25 years.
The AWCB regulations do not recognize this type of
conflict.

My case was denied and dismissed with a positive
Physicians' Panel Determination. DOE's Office of
Worker Advocacy refused to help when I asked them to
allow the physicians in my case to be deposed or
crossexamined. The positive Physicians' Panel
Determination I received from DOE, which was to ensure
payment of my claim, became nothing more than hearsay
evidence. My attorney expended over $100,000 in my
case, which will now have to be appealed to Alaska's
Superior Court if the Reform Amendment is not passed.

It is my opinion that the apology from Congress when
it passed the EEOICPA in 2000 has been turned into a
slapintheface insult by DOE. Workers and survivors
who were harmed while working for the government
during the Cold War are injured yet again by DOE's
failures. I have asked Secretary Abraham how he
intends to dispose of my case. So far, all I've
received is deafening silence.

I am elated that DOE is relenting in the case of Iowa.
I sincerely hope it works out for all the claimants
there, but I am skeptical. My prayers are with all of
the claimants who have been waiting so long. And God
bless your courageous Sen. Chuck Grassley for his hard
work.

SYLVIA CARLSSON

Anchorage, Alaska