Docket Number: 72524-2006

U.S. DEPARTMENT OF LABOR

EMPLOYMENT STANDARDS ADMINISTRATION OFFICE OF WORKERS' COMPENSATION PROGRAMS  DIVISION OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION FINAL ADJUDICATION BRANCH

NOTICE OF FINAL DECISION

This is the decision of the Final Adjudication Branch concerning your claim for compensation under the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended, 42 U.S.C. § 7384 et seq. (EEOICPA or the Act). For the reasons set forth below, your claim is accepted in part and deferred in part. A determination of your eligibility for wage-loss and impairment benefits is pending further development by the district office. A copy of this decision has been provided to your authorized representative.

STATEMENT OF THE CASE

On October 5, 2005, you filed a Form EE-1, Claim for Benefits under the EEOICPA, for breast cancer. A pathology report and other supporting medical records establish that you were diagnosed with cancer of the right breast on April 3, 1985. On the Form EE-1, you indicated that you were a member of the Special Exposure Cohort (SEC).

On the Form EE-3, Employment History, you stated you were employed as a laboratory worker by Tenessee Eastman Corporation at the Y-12 plant for the period of November 1, 1942 through August 6, 1945. The district office verified that you worked for Tenessee Eastman Corporation at the Y-12 plant for the period of November 22, 1944 through October 31, 1945 and were issued dosimetry badge number [Badge number].

This period of employment equates to 49 work weeks. You submitted a contemporaneous copy of the Tennessee Eastman Corporation’s Employees’ Guidebook that states that the schedule at the Y-12 plant was six eight-hour shifts per week. This six day workweek was substantiated in a letter from [Employee’s co-worker], a chemist at the Y-12 plant during 1944 and 1945. [Employee’s co-worker] asserted that this work schedule was necessitated by a 24 hours a day 7 days a week effort to produce every possible milligram of U-235.

The Department of Energy provided evidence that your duties at Y-12 were in the laboratory as an assistant lab technician and as an analyst. The letter from [Employee’s co-worker] confirmed that this lab work involved applying analytic procedures required to account for U in the process streams in the plant and analyses for the total uranium content of various samples.

On March 2, 2006 the Jacksonville district office issued a recommended decision to accept your claim for compensation in the amount of $150,000.00 and medical benefits for cancer of the right breast. This decision was based on a finding by the district office that you are a member of the SEC and that you were diagnosed with a specified cancer.

On March 8, 2006 the Final Adjudication Branch received written notification that you waived any and all objections to the recommended decision.

FINDINGS OF FACT

1. You filed a Form EE-1, Claim for Benefits under the EEOICPA, on October 5, 2005.

2. You were diagnosed with breast cancer on April 3, 1985.

3. You were employed at the Y-12 plant from November 22, 1944 through October 31, 1945 and while employed you worked six eight hour shifts per week.

4. You were employed in the laboratory where your duties involved radiological activities and you were issued a dosimetry badge in 1944.

5. On March 2, 2006 the Jacksonville district office issued a recommended decision.

CONCLUSIONS OF LAW

I have reviewed of the evidence of record and the recommended decision.

To qualify as a member of the SEC at the Y-12 facility under the Act, the following requirements must be satisfied:

Department of Energy (DOE) employees or DOE contractor or subcontractor employees who worked in uranium enrichment operations or other radiological activities at the Y-12 facility in Oak Ridge, Tennessee from March 1943 through December 1947 and who were employed for a number of work days aggregating at least 250 work days, either solely under this employment or in combination with work days within the parameters (excluding aggregate work day requirements) established for other classes of employees included in the SEC. EEOICPA Bulletin No. 06-04 (issued November 21, 2005).

The evidence shows that you worked at the Y-12 facility from November 22, 1944 through October 31, 1945 and were assigned a work schedule of six eight hour shifts per week during this employment. This employment equals more than 250 workdays at Y-12 between March 1943 and December 1947. You worked in a job that involved analyzing uranium content and accounting for uranium in the process stream. You wore a dosimetry badge during the time of your employment. This employment qualifies as a radiological activity. You qualify as a member of the SEC. 42 U.S.C. § 7384l(14)(C)(i).

Your breast cancer is a specified cancer as defined by the Act and implementing regulations. 42 U.S.C. § 7384l(17)(A); 20 C.F.R. § 30.5(ff)(5)(iii)(B) (2005).

Therefore, I conclude that you are entitled to $150,000 and medical benefits effective October 5, 2005, for breast cancer, pursuant to the Act. 42 U.S.C. §§ 7384s(a), 7384t.

I have reviewed the evidence of record and the recommended decision.

You were an employee of a DOE contractor at a DOE facility. 42 U.S.C. §§ 7384l(11), 7384l(12). A determination under Part B of the Act that a DOE contractor employee is entitled to compensation under that part for an occupational illness is treated as a determination that the employee contracted that illness through exposure at a DOE facility. 42 U.S.C. § 7385s-4(a). Therefore, you are a covered DOE contractor employee with a covered illness. 42 U.S.C. §§ 7385s(1), 7385s(2).

Therefore, I hereby conclude that you are entitled to medical benefits for breast cancer under Part E of the Act effective October 5, 2005. 42 U.S.C. § 7385s-8.

Jacksonville, FL

Douglas J. Helsing

Hearing Representative