Workers' Compensation Claim for Leukemia 
Al McFarland 

This is about a friend and co-worker with the same workplace, illness, treatment and outcome.

ECAB decision - Issued June 5, 2000 
Click here for the DOL version 

My comments:

Al's  cancer doctor, Dr. Joseph L. Johnson, a Board-certified oncologist and internist, would not support his claim even though the records of exposures to carcinogens and nuclear radiation were provided to him. Dr. Johnson just didn't want to go there. Al McFarland was left with no place to go. Our common illness, chronic myelogenous leukemia (CML),  is now covered by  the Energy Employees Occupational Illness Compensation Act of 2000. We were both nuclear workers during our employment at Puget Sound Naval Shipyard. After we were diagnosed the Navy Yard removed us from the qualified nuclear worker list. The Navy Yard keeps medical records of every qualified nuclear worker and disqualifies every worker with cancer. 

Significant text from the ECAB decision:

"Dr. Johnson was the only physician of record who offered any opinion regarding causal relationship, in answering the question "Do you believe the condition found was caused or aggravated by an employment activity?" to which he replied "I do not know. He was exposed, however, to conditions known to be carcinogenic." Dr. Johnson did not provide a history of appellant's exposure to benzene or any other alleged carcinogens or otherwise demonstrate familiarity with the nature and extent of appellant's alleged exposure. He did not form a medical opinion based on appellant's exposure history or relate that his conditions were caused by his employment. Moreover, Dr. Johnson's vague opinion provided on the CA-20 form about the cause of appellant's exposure clearly indicated that he did not know whether there was a causal relationship between appellant's conditions and his employment."

I welcome your comments and suggestions.
Bob Farmer
Email -  robert.farmer@comcast.net
Homepage - http://oc.itgo.com

Last Updated on 11/16/05