ae

aig

Wide betes

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Vv

vy

eured

And again he said:

If the Bureau is comm

itted to the Stated dosimetry then
it can onl
be concluded that there is no causal relat
ionship between the radiation
exposure and the disabilities and lesion
claimed by
My
own judgment is that

than

the

equipment

the claimant himself may be a bette
r dosimeter
carried and that [the research
ph sicist’s]

theoretical analysis is valid. This being
so... conclude that M
had a signi
ficant radiation exposure.

"
Although he was of the opini
Pinion that the claima
i nt had a signifi
gemmasray dose of total bodyirradiation
which produced moderate syinptoms
and an inhomogeneously distributed
beta-ray exposure, he concluded that

One can consider the claimant himself as,
so to speak,

a biological
dosimeter. The time sequence, the symp
tom complex and the findin s
described could all be associated with
and due to moderate total-body

gamma tay and cutaneous and mucous memb
rane beta-ray expos

ure the
latter being both direct contact with
rain and with the rain-wetted
garments which were known to
be contaminated. There are no
inconsistencies of this interpretation
with the calculated dosimetry and
One must remember that in any biological
response there are those few
subjects which react at the lowest end of
the dose scale.
With respect to the cancer of the right
parotid gland the radiologist
concurred with the other specialist
and concluded that this was not
tadiation-induced and hesaid:
At the presu

med tevel of the total-body exposure such
would not
have been carcinogenic in so short a time. With
respect to the beta-ra
exposure such was not intense as the skin was
not described as blistered
or ulcerated and the penetration of beta-radiati
on through the skin
would not have been sufficient to be carcinogenic
in the parotid gland
Radioactive debris could not have reached
the parotid dland b
retrograde movem
ent through its duct.

”

rejecti
On ngFebrua
the cicins
ry 22, 1968, the BEC denied modific
ati n ofits
ificatio
i original
igi
order
Thereafter, , further evidence with respect to the accuracy
and complet
of the data recorded by the instruments aboard
the plane was furnished bythe

nell

ar

es
:
Further, it is stated that the contaminat
ionin’ the regionof the wera
of the aircraft was much greater
than elsewhere and the cl imant
evidently Participated in the clean
ing ofthe aircraft, How muchis
much greater” Edo not know, but
obviously, this is a factor
j he
direction of increase of dose.
sin

Chief Geophysicist, Airborne Geophysics Section of tne U.S. Ueotugical
Survey. Appellant's supervisor, who had submitted the June 5, 1964 statement

of the circumstances and extent of appellant’s exposure, which the Bureau
accepted and relied upon, was his deputy. He stated that the instruments in the
aircraft were designed to measure radioactive material on the ground,
specifically radioactive ore deposits; that it was “not designed to measure the
radioactivity in the aircraft along its surface, or the presence of small,
high-intensity sources distributed within the plane.” He explained:

By empirical [methods] and probably by calculation, it had been

determined by the AEC Civil Effects Test Group that 70,000 counts per
second in the aircraft at the instrument position meant that the plane
was in gamma radiation flux of one (1) milliroentgen per hour. Small
areas within the aircraft could experience high levels of radiation which
would not be fully detected by the instrument.
He stated, in summary, “The radiation level obtained by multiplying the
counts per second by an empirical factor has little meaning in determining
what level of radiation
‘ experienced.”
The Bureau examiner appraised this report and determined that it contained
no significant material which had not been already presented to the radiologist,
or which altered the facts in any material way. A Bureau medical adviser
agreed.
Thereafter, the research physicist was given an opportunity to review the
case again, and he submitted a supplemental statement of January 17, 1969.
He re-emphasized the insufficiency of the information relating to appellant's
exposure to radiation, and concluded with the following observation:

I believe, in the absence of adequate instrumentation and the
impossibility of reconstruction of the events that took place with

adequate instrumentation, that an individual exposed to radiation can

serve as a biological dosimeter. This has been proved to be of value in
several radiation accidents.

The Bureau determined that the above reports were not sufficient to require
a change in its original decision, and on March 12, 1969 it again denied a
modification thereof.

Findings of the ECAB: The Board found that the case was not in posture for
final decision. It set aside the compensation orders of the Bureau of
Employees’ Compensation and remanded the case for further development of
the record “to determine asyaccurately as possible the nature and extent of

appellant’s exposure te radioactivity... .”
In its decision the Board noted that the Bureau Examiner's evaluation of
the accuracy and validity of the data with respect to the nature and extent of
appellant’s radiation exposure on May 29, 1957 and the supplemental

statement of facts based thereon which he made on behalf of the Bureau,
involved a technical analysis and it said “However, there is nothing in the
record showing his qualifications to offer expert evidence of this chasacter.”

158

159

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