Kramm vs. USDOL and Dept. of the Army, Mobility Equipment Command, Saigon, Republic of Vietnam

ECAB Decision Finding Employee's Cancer as Caused by Expsoure to Agent Orange

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The only documented OWCP claim issued by the USDOL for the death of a US federal civilian employee due to Agent Orange.

Claimant was a young civilian employee of the US Army employed in Vietnam from 1968 through 1975 exposed daily to Agent Orange and other toxins. In 1997 the claimant was diagnosed with among other diseases, bladder cancer and peripheal neuropathy. He died of his cancers in 2002. Prior to his death the claimant had timely filed a request for federal workers compensation benefits for his cancer incurred while employed by the United States. Following his death, the United States adamantly denied his claim and any benefits to his surviving widow.

After argument, United States finally conceded and admitted that the claimant was indeed exposed to Agent Orange as a federal civilian employee in Vietnam and died as result of exposures to Agency Orange.

Following the government's admission of liability, an internal U.S. Government Accountability Office document report (GAO-05-371) revealed that the current Administration is well aware of these past toxic exposures of American civilian employees but continues to deny their existence or liability for same. The GAO report estimates that there are between 72,000 and 171,000 federal civilian employees who were in Vietnam during the applicable time periods of exposures. Of those more than one hundred thousand civilians exposed to toxins, the Administration is only able to track 12 known claims for federal civilian employees, and that the US has denied all of the claims of the 12 federal civilian employees except for this claimant.

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Published In: Administrative Agency Updates, Labor & Employment Updates, Toxic Torts Updates, Worker’s Compensation Updates

Reference Info:Decision | Federal, Federal Circuit | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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