On July 18, 2011 the Law Offices of Tony Farmer & John Dreiser submitted a petition to the National Institute for Occupational Safety and Health (NIOSH) concerning a Special Exposure Cohort (SEC) for X-10 employees and their survivors. On August 17, 2012 NIOSH issued a SEC Petition Evaluation Report recommending a new class of employees be afforded Special Exposure Cohort status as follows:
All employees of the Department of Energy, its predecessor agencies, and their contractors and subcontractors who worked in any area at the Oak Ridge National Laboratory (X-10) in Oak Ridge, Tennessee, from June 17, 1943 through July 31, 1955, for a number of work days aggregating at least 250 work days, occurring either solely under this employment, or in combination with work days within the parameters established for one or more other classes of employees in the Special Exposure Cohort
In 2000, Congress passed the law governing the EEOICPA, and provided for a Special Exposure Cohort (SEC) regarding the three gaseous diffusion plants in Oak Ridge Tennessee, Portsmouth Ohio, and Paducah Kentucky. An employee, or survivor of an employee, who worked at one of the designated SEC sites, for at least 250 working days, and has been diagnosed with at least one of the 22 specified cancers, is assumed to have contracted that cancer from radiation exposure during the performance of work at the SEC site. Those not part of the SEC must have their radiation dose reconstructed to determine if radiation exposure was responsible for their cancer.
The 22 specified cancers are:
- Leukemia (other than chronic lymphocytic leukemia) provided that the onset of the disease was at least 2 years after first exposure;
- Lung cancer (other than in situ lung cancer that is discovered during or after a post-mortem exam);
- Bone cancer;
- Renal cancers; or
- The following diseases, provided onset was at least 5 years after first exposure:
- Multiple myeloma;
- Lymphomas (other than Hodgkin's disease); and
- Primary cancer of the:
- Male or female breast;
- Small intestine;
- Bile ducts;
- Gall bladder;
- Salivary gland;
- Urinary bladder;
- Ovary; or
- Liver (except if cirrhosis or hepatitis B is indicated).
In the Oak Ridge area, the X-10 plant is the one major DOE site which has not been designated as an SEC site for certain years. Both the Y-12 plant and the K-25 plants have previously been designated SEC sites for certain years of employment.
To discuss an EEOICPA claim, SSD/SSI matter, personal injury, long/short-term disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website.