September 2009

To deliver benefits to eligible employees and former employees of the Department of
Energy (DOE), its contractors and subcontractors or to certain survivors of such individuals, as provided in the EEOICPA.
The mission also includes delivering benefits to certain beneficiaries of Section 5 of the
Radiation Exposure Compensation Act (RECA).
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
Part B – became effective July 31, 2001

Part E – became effective October 28, 2004; created to replace Part D Program

Agencies

Department of Labor (DOL)

Department of Energy (DOE)


Department of Health & Human Services
(HHS)
Department of Justice (DOJ)
2


$5 Billion Total
Compensation

$3 Billion Part B

$1.65 Billion Part E

$350 Million Medical
PART E
32%
MEDICAL
7%
PART B
61%
Data as of July 27, 2009
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
Radiation induced cancer

“Special Exposure Cohort”

Beryllium Disease

Silicosis (for miners in Nevada and
Alaska)

“Supplement” for RECA uranium workers
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
DOE employees (Feds)

DOE contractors/subcontractors

Atomic Weapons Employers (AWE)

Beryllium vendors (BV)


RECA Section 5 uranium workers
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
Presumptive coverage for workers with 22 specified cancers at
SPECIAL EXPOSURE COHORT
(SEC) sites

Four legislated – 3 Gaseous Diffusion
Plants, plus Amchitka

44 SEC classes added by HHS so far
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Under Part B Eligible Survivors (at time of compensation payment):

Spouse – married to covered employee for at least one year immediately prior to death

Children (if there is no surviving spouse)

Parents (when there is no surviving spouse or child)

Grandchildren (when there are no preceding survivors)

Grandparents (when there are no preceding survivors)
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Basic Part B Claim Criteria –
Employment

DOE Employee

DOE Contractor or Subcontractor

Beryllium Vendors

Atomic Weapons Employer

Approved Section 5 RECA claims
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Basic Part B Claim Criteria –
Medical Illnesses

Any malignant cancer (at least as likely as not caused by radiation exposure)

Chronic Beryllium Disease

Chronic Silicosis (only for employees who worked during the mining of atomic weapon test tunnels in Nevada or Alaska)

Beryllium Sensitivity
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Basic Part B Claim Criteria –
Burden of Proof

Claimant carries the burden to prove the elements of the claim

DOL will assist in collection of evidence, i.e. medical documentation, employment & exposure records
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
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DOL verifies RECA Section 5 award with the DOJ to determine coverage and compensation

Section 5 awardees from DOJ receive $50,000 and medical benefits under Part B of the
EEOICPA
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



Any occupational illness with causal relationship to toxic substance/chemical supported by well reasoned and rationalized medical evidence
DOE contractor/subcontractor or worker at RECA Section
5 facility
Certain survivors of deceased workers; eligible spouse; if no spouse, eligible child
Available compensation based on permanent impairment, years of eligible wage loss, medical care for covered conditions, and for survivors, if employee’s death caused, contributed to, or aggravated by covered illness
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
DOE contractors and subcontractors

Does NOT include AWE, BV workers

EXCEPTION: if AWE/BV is designated as a
DOE contractor for remediation, and the employee worked on the remediation

Eligible survivors
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

Spouse – married to covered employee for at least one year immediately prior to death
Covered Child – if no surviving spouse, a child is eligible for compensation if at the time of the employee’s death the child was:

Under the age of 18,

Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18, or

Any age, if incapable of self support
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Employment:

Proof of Section 5 employment (uranium mining, uranium milling, or ore transporting) at a Section 5 facility (uranium mine or uranium mill), and exposure to a toxic substance
Medical:

Diagnosed illness, e.g. asbestosis, cancer, dermatitis, asthma, etc .
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Proof of Survivorship Eligibility:
 i.e. Marriage Certificate, Birth Certificate
Burden of Proof:

Claimant carries the burden to prove the elements of the claim

DOL will assist in collection of evidence, i.e. medical documentation, employment & exposure records
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



$250,000 maximum lump sum compensation payment per covered employee (includes wage loss and/or impairment
$175,000 Maximum survivor benefit

$125,000 standard survivor lump sum compensation benefit

+ additional $25,000 or $50,000 for established wage loss
State Workers’ Compensation/Tort offset can be applied
Medical benefits for covered conditions
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Category 1
$125,000
Category 2
$150,000
Category 3
$175,000
 Category 1 – employee death was caused, contributed to, or aggravated by toxic exposure
 Category 2 – Category 1 plus employee had 10 years- 19 years wage loss due to covered illness
 Category 3 – Category 1 plus employee had 20 years or more wage loss due to covered illness
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


Part E expands eligibility for Section 5 uranium workers (uranium miners, millers, and ore transporters) and their eligible survivors
Treated same as covered DOE contractor/subcontractor employees and eligible for same benefits
An award under Section 5 of RECA administered by DOJ is NOT required for consideration under
Part E of the EEOICPA
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
DOL Resource Centers

Occupational History Questionnaires (OHQ)

DOE Document Acquisition Request (DAR)

Former Worker Protection Records (FWP)

Claimant Records
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Site Exposure Matrices (SEM)


Identifies toxic substances related to labor categories, processes, buildings, and major incidents
Designed to assist with exposure evaluation and houses exposure information for uranium sites




4,170 Uranium Mines
48 Uranium Mills
17 Ore Buying Stations
A version of the SEM database is available to the public on the DEEOIC website at http://www.sem.dol.gov/
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


“At least as likely as not” that exposure to a toxic substance (including radiation) at a Section 5 facility (uranium mine or uranium mill) was a significant factor in causing, contributing to, or aggravating the worker’s illness
Automatic establishment of causation for the condition

Part B condition accepted by DOL
For survivor claims, causation between covered condition and death must also be established
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

Determination of % of permanent whole body impairment due to covered illness






Impairment rating performed at maximum medical improvement
(MMI)
Well-stabilized and unlikely to improve with medical treatment
Covered illness in terminal stage prior to MMI

DOL proceeds to determine impairment rating
Standard Applied – 5 th Edit. AMA’s Guides to the Evaluation of
Permanent Impairment
Decreased function in a body part or organ established by medical evidence
Claimant may request re-evaluation every two years or upon acceptance of new illness
$2,500 awarded for each percentage point of impairment
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
Options For Getting Impairment Rating:


Option 1- Physician of the employee’s choice OR
Option 2- DOL gathers appropriate tests and has a qualified physician complete an impairment evaluation based on the medical records

Criteria for Physician Selection:

Trained and certified to perform impairment ratings using the AMA’s Guides to the Evaluation of Permanent
Impairment, or experience using the Guides
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


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Evidence must show reduced earned wages prior to reaching normal SSA retirement age as a result of a covered illness due to exposure to a toxic substance at a DOE facility or RECA Section 5 facility
Calculations based on evidence from multiple sources including SSA earnings, tax documents, & wage earnings records
Earnings adjusted for inflation to determine years qualifying for wage loss award
Claimants may file for additional qualifying years of wage loss 1 year after initial payment
Employee potentially eligible for $10,000 or $15,000 per year in wage loss benefit depending on level of wage loss
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 Recommended decision – issued by the District
Office (DO)


Waive objections
File objections

Review of Written Record

Oral Hearing
 Final decision – issued by the Final Adjudication
Branch (FAB)

Reconsideration within 30 days


Reopening at any time (with new evidence or change in Program)
Federal Court
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Resource Centers – 11 locations
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Takes claims and provides customer service

Newly expanded assistance capabilities
District Offices – 4 locations
Toll Free Phone Numbers
DEEOIC Website

General program information
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Forms
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Sample decisions

SEM Website
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
For Part B and Part E available at DOL’s web site: http://www.dol.gov/esa/owcp/energy/regs/compliance
/weeklystats.htm

By state and worksite available at: http://www.dol.gov/esa/owcp/energy/regs/compliance
/statistics/Statistics.htm

Updated daily
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Las Vegas Resource Center
Office Manager
Name: Joe Krachenfels
E-mail: vegas.center@rrohio.com
Resource Center Address/Phone
Flamingo Executive Park
1050 East Flamingo Road, Suite W-156
Las Vegas, NV 89119
Telephone: (702) 697-0841
Fax: (702) 697-0843
Toll Free: (866) 697-0841
Denver Resource Center
Office Manager
Name: Janele Horner
E-mail: denver.center@rrohio.com
Resource Center Address/Phone
8758 Wolff Court, Suite 101
Westminster, Colorado 80031
Telephone: (720) 540-4977
Fax: (720) 540-4976
Toll Free: (866) 540-4977
Idaho Resource Center
Office Manager
Name: Steve Beehler
E-mail: idaho.center@rrohio.com
Resource Center Address/Phone
Exchange Plaza
1820 East 17th Street, Suite 375
Idaho Falls, ID 83404
Telephone: (208) 523-0158
Fax: (208) 557-0551
Toll Free: (800) 861-8608
Espanola Resource Center
Office Manager
Name: Karen Martinez
E-mail: espanola.center@rrohio.com
Resource Center Address/Phone
412 Paseo De Onate, Suite "D"
Espanola, NM 87532
Telephone: (505) 747-6766
Fax: (505) 747-6765
Toll Free: (866) 272-3622
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District Office Jurisdictional Map
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District Office 3 -- Denver, Colorado
(Arkansas, Colorado, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota,
Texas, Utah, Wyoming and all claims from RECA Section 5 awardees)
Address
U. S. Department of Labor, DEEOIC
1999 Broadway, Suite 1120
P.O. Box 46550
Denver, Colorado 80201-6550
Phone Numbers
(720) 264-3060 (Main)
(720) 264-3099 (Fax)
(888) 805-3389 (Toll Free)
District Office 4 -- Seattle, Washington
(Alaska, Arizona, California, Idaho, Hawaii, Marshall Islands, Nevada, New Mexico ,Oregon and Washington)
Address
U. S. Department of Labor, DEEOIC
719 2nd Avenue, 6th floor Suite 601
Seattle, Washington 98104
Phone Numbers
(206) 373-6750 (Main)
(206) 373-6798 (Fax)
(888) 805-3401 (Toll Free)
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