Benzene and Gas Fumes: A story
Here is a story abotu a man who fought the workers compensation system in Wyoming to get coverage for his Myelodysplastic Anemia.
But something else was happening to Burgess's body, inside his bones. He was suffering severe headaches, and his blood was high in iron. He sought a diagnosis in 2000. A core sample of his hip bone confirmed he suffered from myelodysplastic anemia -- bone cancer.Even with health insurance, the family still had to come up with $45,000 before the Cancer Care Alliance at the University of Washington could take him as a patient. The Burgess family relied on credit cards as they scrambled to prepare for his bone marrow transplant.
In April 2001, Burgess quit his job at Farmers' Co-op and flew with his daughter the next day to Seattle for his transplant.
The transplant was a success, but the family's struggles were far from over. Friends and co-workers held a benefit to raise money, and the Burgesses were overwhelmed by the support they received.
But by the time the family came home from Seattle, there was no money left.
"I didn't know where the next dime was coming from," said Burgess's wife, Val. "We had to fight the system."
Burgess's condition wasn't considered work-related.
He had spent some 15 years driving a fuel truck at Farmers' Co-op. Hair follicle samples indicated a high level of benzene in Burgess's body. The family believed that he had adsorbed and retained benzenes from frequent exposure to gasoline fumes without a respirator.
The workers' compensation division denied the claim, according to the family. Val sought an attorney and soon discovered that lawyers in Wyoming were reluctant to take on the workers' compensation program. She said one attorney in Casper told her outright that if they took on workers' compensation, "You're going to lose."
Val continued to fight. She eventually found a law firm in Pennsylvania that specialized in benzene cases. The family took the workers' compensation program to court, and they settled.
After that, workers' compensation began reimbursing medical expenses and travel for follow-up treatments. The Burgesses were relieved and grateful for the help, but working with the workers' compensation program proved difficult.
Val said it seemed like the program was designed to discourage people from getting help, and denying claims seemed habitual.
Burgess had developed high blood pressure as a result of photopheresis treatment. But workers' compensation officials initially refused to pay, despite several letters from doctors explaining it was symptomatic of Burgess's continued medical needs.
Val said that's the type of rigamarole the family experienced with workers' compensation over and over.
"It's a tough thing," she said. "I know you can't give everybody everything. But workers' compensation counts on people giving up."
