EXCERPTS: “. . .benefits for chronic silicosis and asbestosis are
denied. . .
The district office’s recommended decision also concluded that
your claim for asbestosis does not qualify you for additional
benefits, as this condition is not an occupational illness, nor a
consequence of an occupational illness, shown in 42 U.S.C. §
7384l(15) as covered under the EEOICPA. . .
On February 9, 2004, the Final Adjudication Branch received
written notification that you waive any and all objections to the
recommended decision. . .
The claimed asbestosis is not a covered illness under the
EEOICPA. Due process was given to you regarding your claim
or compensation for asbestosis.
Your claim for asbestosis does not qualify you for additional
benefits, as this condition is not an occupational illness, nor a
consequence of an occupational illness, shown in 42 U.S.C. §
7384l(15) as covered under the EEOICPA.” — USDOL Final
Adjudication Board decision; Docket No. 10933-2004; dated February 10,
2004; by Cleveland, OH Tract Smart, Hearing Representative; USDOL
Compensation Division, Employment Standards Administration (ESA)
QUESTION: Weren’t the department administrators obligated by the Rule of Law to bring their subordinates’ “ignorance of the facts before them and conclusions of law” to the immediate attention of the US members of Congress, the US President, or USDOL Secretary Chao?
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2. The President appoints the members of his Advisory Board on Radiation and Workers Health to advise the USHHS Secretary. The assembly Chair advises the President. The USHHS Secretaries, currently Mike Leavitt / subordinates, approve or deny review of the “Special Exposure Cohort” petitions. The “job” is usually delegated to the USHHS NIOSH-OCAS director Larry Elliott. Mr. Elliott was the Executive Secretary of the Advisory Board until just recently when he recused himself and was replaced by Lewis Wade Pro-tem. Reportedly, employee Elliott’s obstruction of justice involvement
