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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of MARGRETHE H. MAK RAM and DEPARTMENT OF ENERGY, LOS ALAMOS AREA OFFICE, Los Alamos, NM Docket No. 00-447; Submitted on
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She was instructed at the time to remain at her assigned site and not leave the area while an evaluation was conducted that week. On the evening of July 20, 1998, appellant and her fellow team members traveled to the Ellis site to conduct their evaluations. In a parking lot across the parking lot from the Ellis site, they walked across a concrete patio area covered by a chain-link barrier that was the exterior wall of the Ellis site and had been constructed in order to prevent people from exiting the area. They then proceeded through a chain-link fence and around a retaining wall, where the patio area was located. The patio area had a small, circular pool and picnic tables. They proceeded inside the fence line. They then were walking across an area of approximately 8 feet by 8 feet where a gate opened onto a concrete driveway leading into a small wooded area. While walking past this gate, they heard a loud noise, the noise of an explosion, and a flash of light that quickly disappeared. They then heard an explosion and a very loud explosion louder than the explosion of an air bomb. The explosion was not followed by any sound. The explosive sound emitted was similar to the sound of a gun firing. The explosion was followed by several flashes of light that flashed at a rapid rate of about 20 to 30 seconds. Although appellant is a trained explosives' detector operator, she did not notice any difference in noise levels that might have been produced by a weapon in the area. Although they were not sure what had occurred, they were certain that this explosion took place on site. The flash of light that they perceived was followed by another flash at the same time as the first. When the third flash of light came up, they lost sight of their team members. Appellant was walking toward her vehicle when one of the other members of her team, a male, who was standing nearby, heard appellant's screams. He heard a gunshot and looked behind him, and he observed appellant with her upper body wrapped in a blanket on the ground, which was near the edge of the patio area. Both he and the other team members walked toward the area where appellant lay. The other team member, the male, observed appellant's blood on the ground and saw bloodstains inside the fence wall. The male saw a hole on the metal side of the fence along with some other debris, like metal pipes.

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