PRESS RELEASE
ANWAG Finds
DOL Interim Final Rules Unfair to Sick Workers
For
Release: June 1, 2005
Contact:
Coalition for a Healthy Environment, Knoxville, TN,
Harry Williams 865-693- 7249
Grassroots Organization of Sick Workers, Craig, CO,
Terrie Barrie 970-824-2260
Tri-Valley CAREs (Communities Against a Radioactive
Environment), Inga Olson 925-443-7148
United Nuclear Weapons Workers, St. Louis, MO,
Denise Brock 636-366-4428
May
31, 2005 - Oak Ridge, TN. After
reviewing the interim final rules issued by the US Department of Labor (DOL)
for The Energy Employees Occupational Illness Compensation Act (EEOICPA), the
Alliance of Nuclear Worker Advocacy Groups (ANWAG) despairs that the majority
of the sick nuclear weapons workers will ever receive compensation promised to
them. The problems range from how DOL will determine impairment ratings to
burdensome document submission requirements for claimants to prove they suffer
from a covered illness and are impaired from it.
"Once
again federal agencies have thwarted Congressional intent to compensate the
sick nuclear weapons workers," says Harry Williams of CHE. "I'm disgusted. We knew the regulations would not be
perfect, but what they wrote is riddled with obstacles for the claimants. DOL
has decided to walk down the same unjust path that DOE did."
"If
we had all of the information DOL requires us to submit for proof of diseases,
we wouldn't need this damn law. We could have gone directly to workers'
compensation and gotten paid 10 years ago," stated Janet Michel of CHE.
"There are no doctors in East Tennessee who will provide the information
DOL requires. They are not familiar
with the materials used at the sites and they are all afraid to say anything or
get involved."
"EEOICPA
was intended to take the burden of proof off of the sick workers. That's not
how these regulations are written, " says Janine Anderson of CHE. "The rules have given the claimants an
impossible task to prove our diseases including illnesses that are secondary or
caused by treatment of the primary disease.
Not only do claimants have to supply medical documentation but a
physician needs to write a narrative explaining step by step how a resulting
disease is related to the first covered illness."
"DOL
should have just saved the paper and told the workers that they will not be
compensated,” stated Terrie Barrie of GOSW. "They've ignored Congress'
recommendations on the impairment ratings and changed the probability of
causation standard for cancers. And
this is only two of the problems with the rules. The only people looking at getting compensated are the people who
work for the government agencies involved."
ANWAG
will be issuing a white paper on the rules as well as submitting public
comments demanding the rules be changed.
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