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Federal Advisory Panel Approves Petition of Sick LANL Workers

WASHINGTON - U.S. Senators Tom Udall, Jeff Bingaman and Congressman Ben Ray Luján today applauded a federal advisory panel's approval of a petition that expands the number of sick Los Alamos National Laboratory workers who will be eligible to receive compensation for their service.

The panel, called the Advisory Board on Radiation and Worker Health, approved a petition late Thursday that provides a "Special Exposure Cohort" (SEC) status to all workers who developed radiogenic cancers after having been employed for at least 250 days at LANL between March 15, 1943, and Dec. 31, 1975.

Thursday's decision eliminates the need for claimants to prove where they worked at the facility to qualify for compensation. All LANL employees with radiogenic cancer will now be covered, regardless of where they worked. A Special Exposure Cohort allows claimants to forego the arduous Dose Reconstruction process.

The petition now requires the approval of Health and Human Services Secretary Kathleen Sebelius.

Claimants who qualify will receive a lump sum payment of $150,000 and health care coverage to treat their illnesses. These benefits would be made through the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), which Senator Bingaman helped write into law in 2000.

In welcoming the advisory decision, the New Mexico lawmakers credited former State Rep. Harriett Ruiz for her persistence in being an advocate for the former LANL workers. Ruiz testified at Thursday's meeting in Niagara Falls, NY.

"The process of seeking justice has been long and arduous for these sick Cold War heroes and their families," Udall said. "I commend Harriett for her relentless advocacy on their behalf, and thank NIOSH and the Advisory Board for recognizing the need to compensate them for their efforts and service to our nation."

"This decision should make it much easier for lab workers to prove that they qualify for compensation. I applaud Mrs. Ruiz for her determination and hope that Secretary Sebelius moves quickly to approve the panel's decision," Bingaman said.

"Too many Los Alamos National Laboratory employees have suffered for many years without relief. I applaud former State Representative Ruiz for her persistence and dedication to the workers and their families. While there is still progress to be made to ensure that all workers receive proper compensation, this is a very important step," Luján said.

Ruiz was acting on behalf of her late husband Ray Ruiz, who succumbed to lung cancer in May 2004. Mr. Ruiz worked at LANL where he was exposed to harmful doses of radiation. His last wish was for Harriett to continue his advocacy on behalf of his fellow workers.

"I made a promise to my husband to continue his fight for just compensation for the EEOICPA claimants," Mrs. Ruiz said. "This SEC helps fulfill not only my promise to Ray, but the government's promise to these sick workers.

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