Energy Employees Energy Employees Occupational Occupational

Illness Compensation Illness Compensation ProgramProgram

Overview of Parts B and E of the Overview of Parts B and E of the EEOICPA EEOICPA

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Administration of the Administration of the EEOICPAEEOICPA

Part BPart B (October 2000) (October 2000) Part E Part E (October 2004)(October 2004)

Agencies:Agencies: Department of Labor (DOL) Department of Labor (DOL)

DOL’s Division of Energy Employees DOL’s Division of Energy Employees Occupational Illness Compensation (DEEOIC) Occupational Illness Compensation (DEEOIC) administers the EEOICPA administers the EEOICPA

Department of Energy (DOE)Department of Energy (DOE) Department of Health and Human ServicesDepartment of Health and Human Services

National Institute for Occupational Safety and National Institute for Occupational Safety and Health (NIOSH) Health (NIOSH)

Department of Justice Department of Justice

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DOL Program LeadershipDOL Program Leadership Secretary of Labor: Thomas E. PerezSecretary of Labor: Thomas E. Perez Director of OWCP: Leonard J. Howie Director of OWCP: Leonard J. Howie

IIIIII Director of DEEOIC: Rachel P. Leiton Director of DEEOIC: Rachel P. Leiton DEEOIC District Directors: DEEOIC District Directors:

Seattle: James Grinstead (Acting)Seattle: James Grinstead (Acting) Denver: Ron SanchezDenver: Ron Sanchez Cleveland: Karen SpenceCleveland: Karen Spence Jacksonville: Jim Bibeault Jacksonville: Jim Bibeault

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Employee EligibilityEmployee EligibilityEmployed ByEmployed By Part BPart B Part EPart E

DOE DOE Contractors Contractors and and SubcontractoSubcontractorsrs

YesYes YesYes

DOE Federal DOE Federal EmployeesEmployees

YesYes NoNo

AWE AWE EmployeesEmployees

YesYes NoNo

Beryllium Beryllium VendorsVendors

YesYes NoNo

RECARECA YesYes YesYes

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Covered ConditionsCovered ConditionsConditionCondition Part BPart B Part EPart E

CBDCBD YesYes YesYes

Beryllium Beryllium SensitivitySensitivity

Medical Medical Monitoring Monitoring

OnlyOnly

YesYes

Chronic Chronic SilicosisSilicosis

YesYes YesYes

CancerCancer YesYes YesYes

Any Any condition condition related to related to toxic toxic exposureexposure

NoNo YesYes

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Survivor DefinitionSurvivor DefinitionTypeType Part BPart B Part EPart E

Spouse at Spouse at time of time of deathdeath

YesYes YesYes

Children - Children - under age 18; under age 18; under age 23 under age 23 if full-time if full-time student; or student; or any age if any age if medically medically incapable of incapable of self- supportself- support

YesYes YesYes

Adult Adult ChildrenChildren

YesYes NoNo

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BenefitsBenefitsPart BPart B Part EPart E

$150,000 Employee $150,000 Employee + Survivor+ Survivor

Impairment $2,500 Impairment $2,500 per % (Employee)per % (Employee)

$50,000 RECA $50,000 RECA Employee + Employee + SurvivorSurvivor

Wage Loss $10,000 Wage Loss $10,000 -$15,000 per year -$15,000 per year (Employee)(Employee)

$125,000 Survivor $125,000 Survivor (+ lump-sum Wage (+ lump-sum Wage Loss if eligible)Loss if eligible)

$400,000 CAP for B+E combined$400,000 CAP for B+E combined

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Means of Verifying Means of Verifying EmploymentEmployment

DOEDOE EE-5 Employment Verification FormEE-5 Employment Verification Form

Oak Ridge Institute for Science and Oak Ridge Institute for Science and Education (ORISE)Education (ORISE)

The Center for Construction Research The Center for Construction Research and Training (CPWR)and Training (CPWR)

Corporate Verifiers Corporate Verifiers SSA wage data SSA wage data Other SourcesOther Sources

Including affidavits and records or Including affidavits and records or documents created by state and federal documents created by state and federal agenciesagencies

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Part B: Dose Part B: Dose Reconstruction & Reconstruction &

Probability of CausationProbability of Causation Part B Cancer Cases and Dose Part B Cancer Cases and Dose

ReconstructionReconstruction Conducted by NIOSHConducted by NIOSH Level and extent of occupational radiation Level and extent of occupational radiation

dose dose

Probability of Causation (PoC)Probability of Causation (PoC) Scientific calculation of likelihood that Scientific calculation of likelihood that

radiation exposure caused cancerradiation exposure caused cancer NIOSH-IREPNIOSH-IREP PoC - 50% or greater for award PoC - 50% or greater for award

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Part B: Special Exposure Part B: Special Exposure Cohort Cohort

Worker Group Designation Worker Group Designation Presumption – occupational radiation caused Presumption – occupational radiation caused

cancer cancer Employment Employment

Worked particular location or specific process Worked particular location or specific process Work day requirement – 250 work days Work day requirement – 250 work days

““Specified” Cancer Specified” Cancer 22 cancers 22 cancers named in lawnamed in law

Employees determined to be part of a Employees determined to be part of a designated SEC class with a “specified designated SEC class with a “specified cancer” do not need a NIOSH dose cancer” do not need a NIOSH dose reconstruction reconstruction

1111

Part B: Adding New SEC Part B: Adding New SEC ClassesClasses

Four legislated SEC classes – 3 Gaseous Four legislated SEC classes – 3 Gaseous Diffusion Plants, plus Amchitka Diffusion Plants, plus Amchitka

NIOSH also designates new SEC classes NIOSH also designates new SEC classes Worker Petition or Agency Decision Worker Petition or Agency Decision Advisory Board Assistance Advisory Board Assistance

DOL adjudicates SEC cases DOL adjudicates SEC cases No role in designation No role in designation

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Part E: CausationPart E: Causation Claims developed for exposure to Claims developed for exposure to toxic substancestoxic substances

Causation: “At least as likely as not” that exposure to Causation: “At least as likely as not” that exposure to a toxica toxic

substance at a covered facility during a covered substance at a covered facility during a covered period was a period was a

significant factor in aggravating, contributing to, or significant factor in aggravating, contributing to, or causing causing

the claimed illness the claimed illness

Tools:Tools: Occupational History Questionnaire (OHQ)Occupational History Questionnaire (OHQ) Site Exposure Matrices (SEM)Site Exposure Matrices (SEM) DAR recordsDAR records Former Worker Medical Screening Program (FWP) work history Former Worker Medical Screening Program (FWP) work history

interviews interviews The Center for Construction Research & Training (CPWR)The Center for Construction Research & Training (CPWR) DOE Physician Panel Findings DOE Physician Panel Findings Other Sources: Affidavits/facility records Other Sources: Affidavits/facility records

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Site Exposure Matrices Site Exposure Matrices (SEM) Website(SEM) Website

Repository of information regarding toxic Repository of information regarding toxic substances present at DOE and RECA substances present at DOE and RECA Section 5 facilities Section 5 facilities

Information gathered from a variety of Information gathered from a variety of sources sources

Expansion completed in January 2011 Expansion completed in January 2011

Also contains information regarding Also contains information regarding scientifically established links between scientifically established links between certain toxic substances and certain illnesses certain toxic substances and certain illnesses

Available at Available at http://www.sem.dol.gov

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Part E: Employee Impairment Part E: Employee Impairment

Determination of % permanent Determination of % permanent whole person impairment due to whole person impairment due to covered illness covered illness

AMA’s Guides to the Evaluation of AMA’s Guides to the Evaluation of Permanent Impairment, 5Permanent Impairment, 5thth Edition Edition

$2,500 awarded for each % of $2,500 awarded for each % of impairmentimpairment

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Part E: Employee Wage Loss Part E: Employee Wage Loss Medical evidence must show Medical evidence must show

decreased capacity to work decreased capacity to work

Employee Compensation:Employee Compensation:

Any year <50% of the pre-disability Any year <50% of the pre-disability annual wage = $15,000 compensation annual wage = $15,000 compensation

Any year > 50% but <75% of the pre-Any year > 50% but <75% of the pre-disability annual wage = $10,000 disability annual wage = $10,000 compensationcompensation

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Decision & Appeals Decision & Appeals ProcessProcess

Recommended Decision - District Recommended Decision - District OfficeOffice Preliminary determination Preliminary determination Cover letter, decision, and rights to object Cover letter, decision, and rights to object

(oral hearing/review of written record)(oral hearing/review of written record)

Final Decision – Final Adjudication Final Decision – Final Adjudication Branch (FAB)Branch (FAB) Affirmation of recommendation or remand Affirmation of recommendation or remand

based on objection/ independent reviewbased on objection/ independent review Appeal Rights – Reconsideration, Appeal Rights – Reconsideration,

Reopening & District Court Reopening & District Court

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Claimant Responsibilities Claimant Responsibilities

File Claim File Claim Collect/Copy/Submit relevant Collect/Copy/Submit relevant

records records Respond to information requests Respond to information requests Talk to co-workers – get affidavits Talk to co-workers – get affidavits Seek assistance if you need help – Seek assistance if you need help –

call Resource Center call Resource Center Review decision and information Review decision and information

for appeal for appeal

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Claimant ResourcesClaimant Resources 11 Resource Centers Nationwide 11 Resource Centers Nationwide

Listing of locations available at Listing of locations available at http://www.dol.gov/owcp/energy/

Or call toll free at (866) 888-3322 for Or call toll free at (866) 888-3322 for nearest Resource Center location nearest Resource Center location

DEEOIC web site:DEEOIC web site: http://www.dol.gov/owcp/energy/ General program information General program information SEM website SEM website Forms and Sample Decisions Forms and Sample Decisions

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District Office Jurisdictional Map