Job-related hepatitis C infections are hard to
prove
BY MIKE MCGRAW
Knight Ridder Newspapers
Posted on Fri, Nov. 14, 2003
KANSAS CITY, Mo. - (KRT) - When hepatitis C ruined Mike
Coghlan's liver, the Department of Veterans Affairs helped him
get a new one. Then it paid for expensive medications to help
him recover.
But when the 45-year-old Philadelphia man got too sick to work
and asked for disability benefits, the VA told him no. He
couldn't prove he got the disease while he was in the service,
so he was jobless and finally out of luck.
That's not unusual.
Many people with hepatitis C suffer from a double whammy: They
have a potentially deadly virus, which can simmer undetected for
decades - and that makes it hard for them to prove how they got
it.
As a result, veterans, health-care workers, firefighters and
others who think they got hepatitis C by being exposed to blood
on the job can't easily trace it.
Advocates have been pushing for laws that make disability
automatic or "presumptive" for hepatitis C-positive veterans and
high-risk workers. But so far, they have had limited success.
Only a few states consider hepatitis C a presumptive illness for
public-safety and health-care workers, and Congress has at least
twice in recent years declined to change the law for veterans.
Two-thirds of all hepatitis C-positive veterans who seek
disability benefits from the Department of Veterans Affairs are
denied. That added up to more than 4,000 claims rejected in a
recent 38-month period. "I don't know how I got it, and they
don't know how I got it," Coghlan said. "I am not a drug user.
I've been married to the same woman for 25 years." But VA
officials require evidence that any illness or injury directly
results from military service before approving disability
payments. It's not that veterans have a shortage of known risk
factors, including exposure to blood during combat and
battlefield transfusions before 1992.
Many veterans say injector guns once used to vaccinate recruits
also may have spread hepatitis C. The needleless guns pierce the
skin with a high-pressure stream of medication, which they say
can contaminate the end of the gun with blood that then can
infect the next recruit in line.
That was the way Coghlan, who died March 25 of complications
from the disease, thought he got infected.
Indeed, government studies have shown the guns probably spread
hepatitis B, and many vets recall seeing blood on the guns and
on the arms of other recruits.
Pentagon officials quit using the guns in 1998 but continue to
insist they were safe.
The VA is not so sure.
"We need to look at the air gun," said Anthony Principi, a
Vietnam-era veteran who heads the Department of Veterans
Affairs.
Lawrence Deyton, who directs VA public health programs, said
it's possible the devices could transmit hepatitis C: "I am sure
that, with the right degree of misuse, the devices could become
contaminated."
But VA officials would be more inclined to grant disability if
there were more proof that veterans have special risk factors
that increase their rate of infection.
So far, studies don't help. Some show veterans are infected at
high rates; others show their infection rate is actually below
the general population.
"We don't know how many there are," said Teresa Wright, who
leads a hepatitis research program at the San Francisco VA
Medical Center.
Hepatitis C is emerging as one of the most common and severe
workplace hazards.
Kathleen Flor, a Hawaii hygienist, got it sterilizing dental
equipment. Nellie Crane, a Washington state deck hand, probably
contracted it from an infected needle discarded on a ferryboat
she was cleaning.
Both workers were initially denied benefits and had to take
their cases to court to win their claims. Tens of thousands of
other workers didn't bother, union officials say.
The likelihood of contracting hepatitis C from a single,
contaminated needle stick is small, perhaps 2 percent or lower.
But the number of accidental needle sticks and other skin
punctures each year is high - 380,000 to 600,000, according to
the Occupational Safety and Health Administration.
Still, many workers have little hope of getting their treatments
or doctor visits covered - much less lost wages when hepatitis C
renders them disabled.
The problem: a patchwork system of state workers' compensation
laws that were created to deal with broken bones, not hepatitis
C. "The worker compensation system does not effectively deal
with occupational illness," said Bill Borwegen, safety director
for the Service Employees International Union. "It needs to be
totally reformed."
Philadelphia fire service paramedic Mary Kohler probably got
hepatitis C treating accident victims. Her fight for benefits
included a 15-day sit-in outside the mayor's office in 2000.
Ten states have passed laws making hepatitis C a presumptive
illness for firefighters, said Harold Schaitberger, president of
the International Association of Fire Fighters. The union is
fighting for presumption in 21 more states.
"Unfortunately, the Centers for Disease Control has not been
very helpful at all," Schaitberger said. He said a "flawed" CDC
report found that emergency workers do not have a higher rate of
the disease than the general public.
Cities are using the report to deny disability payments to HCV-positive
firefighters, he said.
CDC officials say the study was valid. Emergency workers are
indeed exposed to blood, they say, but no research shows they
have a higher rate of contracting the virus.
In Kansas City, Mo., the union's Local 42 negotiated contract
provisions last year just to deal with hepatitis C.
The contract offered an unusual 60-day amnesty window during
which firefighters could be tested for the virus without fear
that the city would demote or fire them. Ten of the about 850
uniformed members of the fire department were positive.
Under the contract, firefighters who become disabled can get
fully paid leave for up to a year - if they have no previous
diagnosis of hepatitis C. The city also agreed it would not
automatically challenge firefighters who claim they got the
virus at work.
"I am glad to see here in Kansas City that our local and the
city have been able to understand the importance of testing our
members," Schaitberger said during a recent visit.
Firefighters in other cities have attacked the problem in
different ways.
In Chicago, where 87 firefighters and paramedics are thought to
have the disease, the union is pushing for changes in state law.
The union has said it also plans to pay for testing
firefighters.
In Orlando, Fla., city officials tested firefighters but never
shared the results, prompting union officials to file lawsuits
and grievances. The two sides are negotiating.
---
© 2003, The Kansas City Star.
Visit The Star Web edition on the World Wide Web at http://www.kcstar.com
|