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Energy Employees Occupational Illness Compensation Program. Town Hall Meetings Livermore, California June 29, 2010. Administration of the EEOICPA. Part B (October 2000) Part E (October 2004) Agencies: Department of Labor (DOL) Department of Energy (DOE)

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energy employees occupational illness compensation program
Energy Employees Occupational Illness Compensation Program

Town Hall Meetings

Livermore, California

June 29, 2010

administration of the eeoicpa
Administration of the EEOICPA
  • Part B (October 2000)
  • Part E (October 2004)
  • Agencies:
    • Department of Labor (DOL)
    • Department of Energy (DOE)
    • Department of Health and Human Services (HHS)
      • National Institute for Occupational Safety and Health (NIOSH)
    • Department of Justice (DOJ)
eeoicpa compensation nationwide
EEOICPA Compensation Nationwide
  • $5.8 Billion Total Compensation
  • $3.3 Billion Part B
  • $2.0 Billion Part E
  • $513 Million Medical

Data as of June 15, 2010

lawrence livermore national laboratory llnl compensation
Lawrence Livermore National Laboratory (LLNL) Compensation
  • $120 Million Total Compensation
  • $72 Million Part B
  • $44 Million Part E
  • $3.875 Medical

Data as of June 15, 2010

part b who s eligible
Covered Employees

DOE employees or its contractors/subcontractors

Atomic Weapons Employers (AWE)

Eligible Survivors

Surviving spouse

Children – Regardless of age

Parents

Beryllium vendors (BV)

RECA Section 5 awardees

Grandchildren

Grandparents

Part B: Who’s Eligible?
part b covered conditions
Part B: Covered Conditions
  • Radiation induced cancer
    • Special Exposure Cohort (SEC)
    • Probability of Causation (PoC)
  • Beryllium Disease
  • Chronic Silicosis
    • For miners in Nevada and Alaska
  • “Supplement” for RECA Section 5 awardees
part b dose reconstruction probability of causation
Part B: Dose Reconstruction & Probability of Causation
  • Dose Reconstruction
    • Conducted by NIOSH
    • Level and extent of occupational radiation dose
  • Probability of Causation (PoC)
    • Scientific calculation of likelihood that radiation exposure caused cancer
    • NIOSH-IREP
    • PoC - 50% or greater for award
part b special exposure cohort
Part B: Special Exposure Cohort
  • HHS Designation
    • Presumption – occupational radiation caused cancer
  • Employment
    • Worked particular location or specific process
    • Work day requirement – 250 days
  • “Specified” Cancer
    • 22 cancers named in the law
part b adding new sec classes
Part B: Adding New SEC Classes
  • NIOSH designates new classes
    • Worker Petition or Agency Decision
    • Advisory Board Assistance
    • 4 statutory SEC classes (3 GDPs + Amchitka)
    • As of June 1, 2010, HHS has designated 55 additional SEC classes
  • DOL administers SEC cases
    • No role in designation
lawrence livermore national laboratory llnl sec class
Lawrence Livermore National Laboratory (LLNL) SEC Class
  • Qualifying Employment:
    • DOE employee (or employee of predecessor agency – AEC)
    • DOE contractors and subcontractors
  • Worked at Lawrence Livermore National Laboratory in Livermore, California
    • 250 work days between January 1, 1950 through December 31, 1973
  • Designation became effective on May 5, 2010
employment verification
Employment Verification
  • DOL Assistance – establishing qualifying employment at Lawrence Livermore.
    • DOE/corporate records – employment/medical
    • SSA earnings statements
    • CPWR – Union record search
    • Subcontractor database
llnl claim reviews
LLNL Claim Reviews
  • Claims reviewed for SEC inclusion:
    • Pending dose reconstruction at time of SEC class
    • Previously denied for POC <50%
  • Potentially affected cases identified – tracked to resolution
  • District offices screen and prioritize cases affected by new SEC designation
part e illness from toxic exposure
Eligible Covered Employees

DOE contractor or subcontractor employees

Does NOT include AWE and BV workers

Eligible Survivors

Surviving Spouse

Employee’s Children, if no surviving spouse, and 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

Any age if incapable of self support

Part E: Illness from Toxic Exposure
part e means of verifying toxic exposure
Part E: Means of Verifying Toxic Exposure
  • DOL Resource Centers
    • Occupational History Questionnaires (OHQ)
  • Site Exposure Matrices (SEM)
    • Identifies toxic substances related to labor categories, processes, buildings, and major incidents
  • DOE Document Acquisition Request (DAR)
  • Claimant Records
part e impairment
Part E: Impairment
  • Determination of % permanent whole person impairment due to covered illness
    • AMA’s Guides to the Evaluation of Permanent Impairment, 5th Edition
    • $2,500 awarded for each % of impairment
part e wage loss
Part E: Wage Loss
  • Medical evidence must show decreased capacity to work
  • Earnings evidence must show wage loss due to the accepted condition
  • Employee Compensation:
    • Any year <50% of the pre-disability annual wage = $15,000 compensation
    • Any year > 50% but <75% of the pre-disability annual wage = $10,000 compensation
decision appeals process
Decision & Appeals Process
  • Recommended Decision – District Office
    • Preliminary determination
    • Cover letter, decision, and rights to object (oral hearing/review of written record)
  • Final Decision – Final Adjudication Branch (FAB)
    • Issues final agency decision or remands claim to district office based on independent review
    • Claimant Rights – Reconsideration, Reopening, & District Court
claimant responsibilities
Claimant Responsibilities
  • File Claim
  • Collect/Copy/Submit relevant records
  • Respond to information requests
  • Talk to co-workers – get affidavits
  • Seek assistance if you need help – call Resource Center
claimant resources
Claimant Resources
  • Resource Centers – 11 locations
    • California Resource Center toll free number: (866)-606-6302
  • District Offices – 4 locations
    • Seattle District Office toll free number: (888) 805-3401
  • DEEOIC web site
    • http://www.dol.gov/owcp/energy/
    • General program information
    • SEM website
    • Forms
    • Sample decisions