The U.S. Department of Justice and Washington state have agreed that a federal lawsuit over a new state law easing workers’ compensation requirements for ill Hanford Site workers likely can be resolved without a trial. Both have told the court they plan to file motions for summary judgment in the case.
Judge Stanley Bastian, of U.S. District Court for Eastern Washington, responded to the filings with a schedule that requires the Justice Department to file its motion for summary judgment by March 1 and Washington to file its cross-motion for summary judgment by March 22. A hearing on the motions, which could result in a decision in the case, is set for May 8.
The Justice Department filed a lawsuit Dec. 10 asking the court to overturn a new state law intended to allow more ill Hanford workers or their survivors to win approval of state compensation claims from the Washington state Department of Labor and Industries.
In March 2018, Gov. Jay Inslee (D) signed legislation requiring the state agency to presume that a wide range of health conditions suffered by workers at the Department of Energy site were caused by their work at the former plutonium production complex that is now undergoing a massive environmental cleanup program. Covered health conditions include neurological and respiratory illnesses and many cancers.
The law means Hanford workers no longer have to demonstrate a connection between their health problems and time at Hanford, even just a single eight-hour workday. There is no time limit on when workers or former workers can apply under the eased compensation rules for most covered conditions.
The Justice Department says the state law violates the U.S. Constitution’s Supremacy Clause. It attempts to directly regulate the federal government and holds it to a stricter standard than other entities in the state, according to the lawsuit. “It singles out DOE, its contractors, and the federally owned and operated portions of Hanford for a substantially more burdensome and costly workers’ compensation scheme,” the lawsuit said.
The Energy Department is self-insured and pays the cost of approved claims.
The lawsuit asked that the court declare the state law invalid, enjoin its enforcement, and award the federal government costs of the proceeding. Washington on Jan. 9 requested that the DOJ case be dismissed and that the state be granted attorney fees and other legal costs.
