A worker who was splashed with radioactive waste at Hanford in 2002 died this week of cancer, a day before a court ruling in his lawsuit against a Hanford contractor.

Daniel Golden, 56, of Sunnyside, died Tuesday. He had been diagnosed with cancer a little over a year ago, said his son, Dave Golden of Sunnyside.

In a case brought against Department of Energy contractor CH2M Hill Hanford Group before the cancer diagnosis, Golden claimed the accident caused him physical injuries ranging from colitis to sinusitis as well as emotional distress.

On Wednesday the 9th Circuit Court of Appeals remanded part of Golden's case back to Eastern District Washington Federal Court. It found that the lower court was correct in its summary judgment that attorneys had not been able to prove the accident caused his illnesses.

But it also found that the court could have considered Golden's case for compensation for emotional distress and his wife's case for loss of consortium.

His family is convinced the Hanford accident caused his father's cancer, said Dave Golden. They plan to keep fighting for compensation and have requested an autopsy to discover more about his cancer.

"He had numerous tumors all over his body," said his son.

However, they've yet to discuss with the attorney handling the case how Daniel Golden's death may affect it. Complicating the case is that Daniel Golden's wife died about 18 months ago, the family said.

The legal issue in the case hangs on a distinction between laws on radioactive waste and those on hazardous chemicals. The tank waste Golden was splashed with contained not only radioactive waste, but also hazardous chemicals, including nonradioactive heavy metals such as dimethylmercury.

The federal Price Anderson Act governing radioactive waste allows for compensation for exposure to radioactive materials.

Golden's doctor testified that he "had adverse health effects caused by or exacerbated" by exposure to toxic materials at Hanford. But those exposures were not limited to just the 2002 accident covered in the lawsuit, but also included years of work at Hanford without respiratory protection, the doctor said.

The appeals court ruled that was not sufficient to prove the 2002 accident caused illness.

Although the Price Anderson Act governing nuclear waste does not allow for compensation for emotional distress and loss of consortium, laws governing hazardous chemicals do, the appeals court said.

The court said Daniel Golden may have a case if he could prove that his emotional distress was caused by his exposure to the nonradioactive hazardous materials. His wife also could have been allowed to show the hazardous materials were responsible for the loss of consortium, the court found.

"I want to extend my condolences to Mr. Golden's family for their loss," John Fulton, president of CH2M Hill Hanford Group, said in a statement. "We believe that the Ninth Circuit fundamentally reached the correct decision."

In 2002 Daniel Golden was working as a rigger for another Hanford contractor, Fluor Hanford, at the Hanford tank farms managed by CH2M Hill when the accident occurred. On May 20 Hanford workers had inserted a water lance into underground Tank TX-116, which holds waste from the past production of plutonium for the nation's nuclear weapons program.

An O-ring on the lance failed, allowing some radioactive waste from the tank to be trapped between two tubes of the lance. After the lance was removed, about two quarts of liquid waste flowed out of it and onto the coveralls and left arm of Golden, according to information released by CH2M Hill at the time of the accident.

In the lawsuit, Golden said he had been splashed with up to four gallons of liquid waste, leaving him with dermatological and internal symptoms as well as anxiety, fear of future illnesses and depression.

The suit also claimed resources for decontaminating Golden were disorganized and not quickly available and that CH2M Hill failed to provide him with immediate medical surveillance.

However, CH2M Hill said in 2002 that co-workers peeled off Golden's soaked coveralls, then used absorbent and scrubbing to remove waste residue on his arm.

CH2M Hill said Golden went through a whole-body radiation check that indicated he had not absorbed any radioactive material, but Golden's attorney said there were contradictory radiological survey reports.

Dave Golden said his father had been on disability in recent years after two shoulder surgeries. He had submitted paperwork more recently to retire, he said.

His father liked to hunt deer and elk and fish, Dave Golden said. "He was a good person and it was too bad he had to go through this," he said.

Daniel Golden is also survived by two other children: Joe Golden of Outlook and Holli Brown of Sunnyside.