NY Workers' Compensation Board Finds Cancer Linked to Radiation at Hicksville Nuclear Waste Site

Yesterday's Newsday had a disturbing article regarding the radiation related health risks to workers who worked on or around the Hicksville, Long Island, Sylvania Nuclear Waste Site ,now owned by Verizon.  Our office recently won a workers' compensation claim for a worker who contracted a rare cancer, extraskeletal myxoid chondrosarcoma, due to ionizing radiation and other toxins while working on this site for Magazine Distributors, Inc.,  a division of Hudson NewsIf I were a worker at this site or knew someone who worked near there, I would read this article carefully.

This nuclear waste site, located at 70,100 and 140 Cantiague Rock Road, Hicksville, NY was operated by Sylvania between 1952 and 1967 and was licensed by the US Atomic Energy Commission to manufacture nuclear fuel rods for use during the Cold War.  The radioactive elements uranium-235 and thorium were processed and milled at the facility.  The uranium and thorium were then subject to machining, grinding and incineration.  The facility then burned sludge to reclaim more uranium.

In addition, the Sylvania plant, although unauthorized to do so, burned scrap uranium as a three shift, seven day a week operation until 1960Large 55 gallon drums of uranium scrap metal were burned on site.  During the ongoing site clean-up, 55 gallon drums have been found buried at the site.  In addition to the radioactive substances, the site is contaminated with tetrachloroethene, trichloroethene and nickel.  Someone described the site as the location of a "dirty bomb".

Verizon, the current owner of the site, set aside $240 million for the ongoing clean-up which is now being monitored by both the New York State Department of Environmental Conservation and the Army Corp of EngineersRecent documents obtained by our lawyers during the litigation indicate that there may be more contamination than originally thought below the 100 building, the former location of Magazine Distributors, Inc.  

On November 9, 2006, the Hicksville Water District warned residents of of higher than allowed concentrations of tetrachloroethylene (a toxin found on the site)  in the drinking water from one of their supply wells and the potential cancer risks it might cause.  The well was immediately taken out of service.

Currently, neither the Army Corp of Engineers nor the New York State DEC nor Verizon are releasing statements about the what is currently being found on this dangerous site.  Thousands of pounds of contaminated soil have been carefully transported to Envirocare in UtahIn 2004,  New York Senator Schumer  stated that "it's the federal government that created this mess, it should be the federal government that fixes it".  To date, the public doesn't know the current status of the site and when or if it will be properly cleaned up.  In the meantime, more workers and local residents are getting gravely illPerhaps it's time for Senator Schumer to get to the bottom of this quagmire and let the public know the current health risks on the site.

As reported in Newsday, the lawsuit brought by local residents against the property owner, Verizon, for their increased cancer risk was recently settled for approximately $11 million.  The New York Department of Environmental Conservation is currently prosecuting  lawsuits arising from this site in federal court in Central Islip.  As stated in the Newsday article, this toxic waste dump could have impacts like those facing 9/11  rescue workersWorkers on this site, which also included the companies Air Techniques and Gilbert Displays, could be facing cancer and other health problems for years to come.   Scary stuff!

 

 

 

 

 

More New York Workers' Compensation Reform On the Way?

Read carefully the letter released today simultaneously with Governor Eliot Spitzer's signing of the new Workers' Compensation Reform bill into law.  You can also listen to the audio file of his remarks today. The strong and resolute language in this letter portends future administrative changes which could impact the New York Workers' Compensation Board as much, if not more , than the new statutory changes. 

It is clear that much will depend upon the individuals selected to sit on the newly created task forces and the Governor's choice of a new Workers' Compensation Board Chairperson.  Both sets of announcements are expected shortly

Bottom Line - these appointments will send some clear messages about Governor  Spitzer's future plans to improve the current New York State Workers' Compensation system.   

Nassau Lawyer Speaks on New York Workers' Compensation Reform Bill

I was interviewed the other day by WorkersComp Central, a national on-line newspaper dedicated to workers' compensation issues, on the impact of the new Spitzer New York Workers' Comp Reform Bill.  This bill passed both the Senate and the Assembly unanimously yesterday and is expected to be signed by Governor Spitzer next Tuesday.  The new law takes effect July 1, 2007,  and the changes are transformative - to say the least.  For attorneys who have practiced law in this administrative and technical forum many years, the changes will test our ability to adapt to radically new benefit structure.  It should be interesting!