Energy Employees Energy Employees Occupational Occupational

Illness Compensation Illness Compensation ProgramProgram

September 2009September 2009

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Mission of EEOICPAMission of EEOICPA

To deliver benefits to eligible To deliver benefits to eligible employees and former employees of employees and former employees of the Department of Energy (DOE), its the Department of Energy (DOE), its contractors and subcontractors or to contractors and subcontractors or to certain survivors of such individuals, certain survivors of such individuals,

as provided in the EEOICPA. as provided in the EEOICPA.

The mission also includes delivering The mission also includes delivering benefits to certain beneficiaries of benefits to certain beneficiaries of

Section 5 of the Radiation Exposure Section 5 of the Radiation Exposure Compensation Act (RECA). Compensation Act (RECA).

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Background of EEOICPABackground of EEOICPA Part B – became effective July 31, 2001Part B – became effective July 31, 2001

Part E – became effective October 28, Part E – became effective October 28, 2004; created to replace Part D 2004; created to replace Part D ProgramProgram

AgenciesAgencies Department of Labor (DOL)Department of Labor (DOL) Department of Energy (DOE)Department of Energy (DOE) Department of Health & Human Department of Health & Human

Services (HHS) Services (HHS) Department of Justice (DOJ)Department of Justice (DOJ)

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EEOICPA EEOICPA COMPENSATIONCOMPENSATION

$5 Billion Total $5 Billion Total Compensation Compensation

$3 Billion Part B$3 Billion Part B

$1.65 Billion Part $1.65 Billion Part EE

$350 Million $350 Million Medical Medical

Data as of July 27, 2009

PART E32%

MEDICAL7%

PART B61%

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A Quick Look at Part BA Quick Look at Part B Radiation induced cancer Radiation induced cancer ““Special Exposure Cohort”Special Exposure Cohort” Beryllium DiseaseBeryllium Disease Silicosis (for miners in Nevada Silicosis (for miners in Nevada

and Alaska)and Alaska) ““Supplement” for RECA Supplement” for RECA

uranium workersuranium workers

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Part B: Who’sPart B: Who’s Eligible? Eligible? DOE employees (Feds)DOE employees (Feds) DOE contractors/subcontractorsDOE contractors/subcontractors Atomic Weapons Employers Atomic Weapons Employers

(AWE)(AWE) Beryllium vendors (BV)Beryllium vendors (BV) Certain survivors of deceased Certain survivors of deceased

workers workers RECA Section 5 uranium workers RECA Section 5 uranium workers

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Part B: Who’sPart B: Who’s Eligible? Eligible? (cont’d)(cont’d)

Presumptive coverage for Presumptive coverage for workers with 22 specified workers with 22 specified cancers at SPECIAL EXPOSURE cancers at SPECIAL EXPOSURE COHORT (SEC) sites COHORT (SEC) sites

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

44 SEC classes added by HHS 44 SEC classes added by HHS so farso far

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Under Part B Eligible Under Part B Eligible Survivors (at time of Survivors (at time of

compensation payment):compensation payment): SpouseSpouse – married to covered employee – married to covered employee

for at least one year immediately prior for at least one year immediately prior to deathto death

Children Children (if there is no surviving if there is no surviving spouse)spouse)

ParentsParents (when there is no surviving (when there is no surviving spouse or child)spouse or child)

GrandchildrenGrandchildren (when there are no (when there are no preceding survivors)preceding survivors)

GrandparentsGrandparents (when there are no (when there are no preceding survivors)preceding survivors)

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Basic Part B Claim Criteria – Basic Part B Claim Criteria – EmploymentEmployment

DOE EmployeeDOE Employee

DOE Contractor or DOE Contractor or Subcontractor Subcontractor

Beryllium Vendors Beryllium Vendors

Atomic Weapons Employer Atomic Weapons Employer

Approved Section 5 RECA claims Approved Section 5 RECA claims

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Basic Part B Claim Criteria – Basic Part B Claim Criteria – Medical IllnessesMedical Illnesses

Any malignant cancer (at least as Any malignant cancer (at least as likely as not caused by radiation likely as not caused by radiation exposure)exposure)

Chronic Beryllium DiseaseChronic Beryllium Disease

Chronic Silicosis (only for employees Chronic Silicosis (only for employees who worked during the mining of who worked during the mining of atomic weapon test tunnels in atomic weapon test tunnels in Nevada or Alaska)Nevada or Alaska)

Beryllium SensitivityBeryllium Sensitivity

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Basic Part B Claim Criteria – Basic Part B Claim Criteria – Burden of ProofBurden of Proof

Claimant carries the burden to Claimant carries the burden to prove the elements of the claim prove the elements of the claim

DOL will assist in collection of DOL will assist in collection of evidence, i.e. medical evidence, i.e. medical documentation, employment & documentation, employment & exposure recordsexposure records

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Part B BenefitsPart B Benefits $150,000$150,000 lump sum lump sum

compensation paymentcompensation payment

Medical benefits for covered Medical benefits for covered conditions conditions

Medical treatment and Medical treatment and monitoring monitoring onlyonly for beryllium for beryllium sensitivitysensitivity

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Uranium Worker Part B Uranium Worker Part B Benefits under the Benefits under the

EEOICPAEEOICPA DOL verifies RECA Section 5 DOL verifies RECA Section 5

award with the DOJ to determine award with the DOJ to determine coverage and compensationcoverage and compensation

SectionSection 5 awardees from DOJ 5 awardees from DOJ receive $50,000 and medical receive $50,000 and medical benefits under Part B of the benefits under Part B of the EEOICPA EEOICPA

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A Quick Look at Part EA Quick Look at Part E Any occupational illness with causal relationship Any occupational illness with causal relationship

to toxic substance/chemical supported by well to toxic substance/chemical supported by well reasoned and rationalized medical evidence reasoned and rationalized medical evidence

DOE contractor/subcontractor or worker at DOE contractor/subcontractor or worker at RECA Section 5 facility RECA Section 5 facility

Certain survivors of deceased workers; eligible Certain survivors of deceased workers; eligible spouse; if no spouse, eligible child spouse; if no spouse, eligible child

Available compensation based on permanent Available compensation based on permanent impairment, years of eligible wage loss, medical impairment, years of eligible wage loss, medical care for covered conditions, and for survivors, if care for covered conditions, and for survivors, if employee’s death caused, contributed to, or employee’s death caused, contributed to, or aggravated by covered illnessaggravated by covered illness

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Part E: Who’s Eligible?Part E: Who’s Eligible?

DOE contractors and subcontractors DOE contractors and subcontractors Does Does NOTNOT include AWE, BV workers include AWE, BV workers EXCEPTION: if AWE/BV is EXCEPTION: if AWE/BV is

designated as a DOE contractor for designated as a DOE contractor for remediation, and the employee remediation, and the employee worked on the remediationworked on the remediation

Eligible survivorsEligible survivors

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Part EPart E Eligible Survivors Eligible Survivors (at time of employee’s (at time of employee’s

death)death) SpouseSpouse – married to covered employee – married to covered employee

for at least one year immediately prior to for at least one year immediately prior to deathdeath

Covered ChildCovered Child – if no surviving spouse, a – if no surviving spouse, a child is eligible for compensation if at the child is eligible for compensation if at the time of the employee’s death the child time of the employee’s death the child was:was: Under the age of 18, Under the age of 18, Under the age of 23 and a full-time Under the age of 23 and a full-time

student, continuously enrolled in an student, continuously enrolled in an educational institution since age 18, or educational institution since age 18, or

Any age, if incapable of self support Any age, if incapable of self support

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Basic Part E Claim CriteriaBasic Part E Claim CriteriaEmployment:Employment:

Proof of Section 5 employment Proof of Section 5 employment (uranium mining, uranium milling, or (uranium mining, uranium milling, or ore transporting) at a Section 5 facility ore transporting) at a Section 5 facility (uranium mine or uranium mill), and (uranium mine or uranium mill), and exposure to a toxic substanceexposure to a toxic substance

Medical:Medical: Diagnosed illness, e.g. asbestosis, Diagnosed illness, e.g. asbestosis,

cancer, dermatitis, asthma, etccancer, dermatitis, asthma, etc..

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Basic Part E Claim Criteria Basic Part E Claim Criteria cont’dcont’d

Proof of Survivorship EligibilityProof of Survivorship Eligibility:: i.e. Marriage Certificate, Birth i.e. Marriage Certificate, Birth

CertificateCertificate

Burden of Proof:Burden of Proof: Claimant carries the burden to prove Claimant carries the burden to prove

the elements of the claimthe elements of the claim DOL will assist in collection of evidence, DOL will assist in collection of evidence,

i.e. medical documentation, i.e. medical documentation, employment & exposure recordsemployment & exposure records

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Part E BenefitsPart E Benefits $250,000$250,000 maximum lump sum maximum lump sum

compensation payment per covered compensation payment per covered employee (includes wage loss and/or employee (includes wage loss and/or impairmentimpairment

$175,000 Maximum survivor benefit$175,000 Maximum survivor benefit $125,000 standard survivor lump sum $125,000 standard survivor lump sum

compensation benefit compensation benefit + additional $25,000 or $50,000 for + additional $25,000 or $50,000 for

established wage lossestablished wage loss State Workers’ Compensation/Tort offset State Workers’ Compensation/Tort offset

can be appliedcan be applied Medical benefits for covered conditions Medical benefits for covered conditions

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Survivor – Compensation Survivor – Compensation CategoriesCategories

Category 1Category 1 – employee death – employee death was caused, contributed to, was caused, contributed to, or aggravated by toxic or aggravated by toxic exposureexposure

Category 2Category 2 – Category 1 plus – Category 1 plus employee had 10 years- 19 employee had 10 years- 19 years wage loss due to years wage loss due to covered illnesscovered illness

Category 3Category 3 – Category 1 plus – Category 1 plus employee had 20 years or employee had 20 years or more wage loss due to more wage loss due to covered illnesscovered illness

Category 3$175,000

Category 2$150,000

Category 1$125,000

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Section 5 Uranium Workers Section 5 Uranium Workers and Part E of the EEOICPAand Part E of the EEOICPA

Part E expands eligibility for Section 5 Part E expands eligibility for Section 5 uranium workers (uranium miners, uranium workers (uranium miners, millers, and ore transporters) and their millers, and ore transporters) and their eligible survivors eligible survivors

Treated same as covered DOE Treated same as covered DOE contractor/subcontractor employees and contractor/subcontractor employees and eligible for same benefits eligible for same benefits

An award under Section 5 of RECA An award under Section 5 of RECA administered by DOJ is administered by DOJ is NOTNOT required for required for consideration under Part E of the consideration under Part E of the EEOICPA EEOICPA

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Means of Verifying Means of Verifying ExposureExposure

DOL Resource CentersDOL Resource Centers Occupational History Questionnaires Occupational History Questionnaires

(OHQ)(OHQ) DOE Document Acquisition DOE Document Acquisition

Request (DAR)Request (DAR) Former Worker Protection Former Worker Protection

Records (FWP) Records (FWP) Claimant RecordsClaimant Records

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Means of Verifying Exposure Means of Verifying Exposure cont’dcont’d

Site Exposure Matrices (SEM)Site Exposure Matrices (SEM) Identifies toxic substances related to labor Identifies toxic substances related to labor

categories, processes, buildings, and major categories, processes, buildings, and major incidents incidents

Designed to assist with exposure evaluation Designed to assist with exposure evaluation and houses exposure information for and houses exposure information for uranium sites uranium sites

4,170 Uranium Mines 4,170 Uranium Mines 48 Uranium Mills 48 Uranium Mills 17 Ore Buying Stations17 Ore Buying Stations A version of the SEM database is available to A version of the SEM database is available to

the public on the DEEOIC website at the public on the DEEOIC website at http://www.sem.dol.gov/http://www.sem.dol.gov/

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Proving Causation Under Proving Causation Under Part E of the EEOICPAPart E of the EEOICPA

““At least as likely as not” that exposure to At least as likely as not” that exposure to a toxic substance (including radiation) at a toxic substance (including radiation) at a Section 5 facility (uranium mine or a Section 5 facility (uranium mine or uranium mill) was a significant factor in uranium mill) was a significant factor in causing, contributing to, or aggravating causing, contributing to, or aggravating the worker’s illnessthe worker’s illness

Automatic establishment of causation for Automatic establishment of causation for the conditionthe condition

Part B condition accepted by DOLPart B condition accepted by DOL

For survivor claims, causation between For survivor claims, causation between covered condition and death must also be covered condition and death must also be establishedestablished

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Part E: ImpairmentPart E: Impairment Determination of % of permanent whole Determination of % of permanent whole

body impairment due to covered illnessbody impairment due to covered illness Impairment rating performed at maximum medical Impairment rating performed at maximum medical

improvement (MMI)improvement (MMI) Well-stabilized and unlikely to improve with medical Well-stabilized and unlikely to improve with medical

treatment treatment Covered illness in terminal stage prior to MMICovered illness in terminal stage prior to MMI

DOL proceeds to determine impairment rating DOL proceeds to determine impairment rating Standard Applied – 5Standard Applied – 5thth Edit. AMA’s Guides to the Edit. AMA’s Guides to the

Evaluation of Permanent Impairment Evaluation of Permanent Impairment Decreased function in a body part or organ Decreased function in a body part or organ

established by medical evidence established by medical evidence Claimant may request re-evaluation every two years Claimant may request re-evaluation every two years

or upon acceptance of new illnessor upon acceptance of new illness $2,500 awarded for each percentage point $2,500 awarded for each percentage point

of impairmentof impairment

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Impairment Rating Impairment Rating ProceduresProcedures

Options For Getting Impairment Rating:Options For Getting Impairment Rating: Option 1-Option 1- Physician of the employee’s choice Physician of the employee’s choice OROR Option 2-Option 2- DOL gathers appropriate tests and has DOL gathers appropriate tests and has

a qualified physician complete an impairment a qualified physician complete an impairment evaluation based on the medical recordsevaluation based on the medical records

Criteria for Physician Selection:Criteria for Physician Selection: Trained and certified to perform impairment Trained and certified to perform impairment

ratings using the AMA’s Guides to the Evaluation ratings using the AMA’s Guides to the Evaluation of Permanent Impairment, or experience using of Permanent Impairment, or experience using the Guidesthe Guides

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Part E: Wage LossPart E: Wage Loss Evidence must show reduced earned wages prior Evidence must show reduced earned wages prior

to reaching normal SSA retirement age as a to reaching normal SSA retirement age as a result of a covered illness due to exposure to a result of a covered illness due to exposure to a toxic substance at a DOE facility or RECA Section toxic substance at a DOE facility or RECA Section 5 facility 5 facility

Calculations based on evidence from multiple Calculations based on evidence from multiple sources including SSA earnings, tax documents, sources including SSA earnings, tax documents, & wage earnings records & wage earnings records

Earnings adjusted for inflation to determine years Earnings adjusted for inflation to determine years qualifying for wage loss award qualifying for wage loss award

Claimants may file for additional qualifying years Claimants may file for additional qualifying years of wage loss 1 year after initial payment of wage loss 1 year after initial payment

Employee potentially eligible for $10,000 or Employee potentially eligible for $10,000 or $15,000 per year in wage loss benefit depending $15,000 per year in wage loss benefit depending on level of wage loss on level of wage loss

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Issuing DecisionsIssuing Decisions Recommended decision – issued by the Recommended decision – issued by the

District Office (DO)District Office (DO) Waive objectionsWaive objections File objectionsFile objections

Review of Written RecordReview of Written Record Oral HearingOral Hearing

Final decision – issued by the Final Final decision – issued by the Final Adjudication Branch (FAB)Adjudication Branch (FAB)

Reconsideration within 30 days Reconsideration within 30 days Reopening at any time (with new Reopening at any time (with new

evidence or change in Program)evidence or change in Program) Federal CourtFederal Court

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Claimant ResourcesClaimant Resources Resource Centers – 11 locations Resource Centers – 11 locations

Takes claims and provides customer Takes claims and provides customer serviceservice

Newly expanded assistance capabilities Newly expanded assistance capabilities District Offices – 4 locations District Offices – 4 locations Toll Free Phone Numbers Toll Free Phone Numbers DEEOIC WebsiteDEEOIC Website

General program informationGeneral program information FormsForms Sample decisionsSample decisions SEM WebsiteSEM Website

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Program StatisticsProgram Statistics For Part B and Part E available For Part B and Part E available

at DOL’s web site:at DOL’s web site: http://www.dol.gov/esa/owcp/energy/regs/complhttp://www.dol.gov/esa/owcp/energy/regs/compliance/weeklystats.htmiance/weeklystats.htm

By state and worksite available By state and worksite available at:at: http://www.dol.gov/esa/owcp/energy/regs/complhttp://www.dol.gov/esa/owcp/energy/regs/compliance/statistics/Statistics.htmiance/statistics/Statistics.htm

Updated dailyUpdated daily

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Resource Center Contact Resource Center Contact InfoInfo

Las Vegas Resource Center Office Manager

Idaho Resource Center Office Manager

Name: Joe Krachenfels Name: Steve Beehler

E-mail: vegas.center@rrohio.com E-mail: idaho.center@rrohio.com

Resource Center Address/Phone Resource Center Address/Phone

Flamingo Executive Park Exchange Plaza

1050 East Flamingo Road, Suite W-156 1820 East 17th Street, Suite 375

Las Vegas, NV 89119 Idaho Falls, ID 83404

Telephone: (702) 697-0841 Telephone: (208) 523-0158

Fax: (702) 697-0843 Fax: (208) 557-0551

Toll Free: (866) 697-0841  Toll Free: (800) 861-8608 

Denver Resource Center Office Manager

Espanola Resource Center Office Manager

Name: Janele Horner Name: Karen Martinez

E-mail: denver.center@rrohio.com E-mail: espanola.center@rrohio.com

Resource Center Address/Phone Resource Center Address/Phone

8758 Wolff Court, Suite 101 412 Paseo De Onate, Suite "D"

Westminster, Colorado 80031 Espanola, NM 87532

Telephone: (720) 540-4977 Telephone: (505) 747-6766

Fax: (720) 540-4976 Fax: (505) 747-6765

Toll Free: (866) 540-4977 Toll Free: (866) 272-3622

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District Office Jurisdictional District Office Jurisdictional MapMap

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District Office Contact District Office Contact InfoInfo

District Office 3 -- Denver, ColoradoDistrict Office 3 -- Denver, Colorado

(Arkansas, Colorado, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North (Arkansas, Colorado, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Texas, Utah, Wyoming and all claims from RECA Section Dakota, Oklahoma, South Dakota, Texas, Utah, Wyoming and all claims from RECA Section 5 awardees)5 awardees)

AddressAddress Phone NumbersPhone Numbers

U. S. Department of Labor, DEEOICU. S. Department of Labor, DEEOIC1999 Broadway, Suite 11201999 Broadway, Suite 1120P.O. Box 46550P.O. Box 46550Denver, Colorado  80201-6550Denver, Colorado  80201-6550

(720) 264-3060 (Main)(720) 264-3060 (Main)(720) 264-3099 (Fax)(720) 264-3099 (Fax)(888) 805-3389 (Toll Free)(888) 805-3389 (Toll Free)

District Office 4 -- Seattle, WashingtonDistrict Office 4 -- Seattle, Washington

(Alaska, Arizona, California, Idaho, Hawaii, Marshall Islands,  Nevada, (Alaska, Arizona, California, Idaho, Hawaii, Marshall Islands,  Nevada, New New MexicoMexico ,Oregon and Washington) ,Oregon and Washington)

AddressAddress Phone NumbersPhone Numbers

U. S. Department of Labor, DEEOICU. S. Department of Labor, DEEOIC719 2nd Avenue, 6th floor Suite 601719 2nd Avenue, 6th floor Suite 601Seattle, Washington  98104Seattle, Washington  98104    

(206) 373-6750 (Main)(206) 373-6750 (Main)(206) 373-6798 (Fax)(206) 373-6798 (Fax)(888) 805-3401 (Toll Free)(888) 805-3401 (Toll Free)

Questions?Questions?