Energy Employees Occupational Illness Compensation Program September 2009

1 Mission of EEOICPA 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).

2 Background of EEOICPA Part B – became effective July 31, 2001 Part B – became effective July 31, 2001 Part E – became effective October 28, 2004; created to replace Part D Program Part E – became effective October 28, 2004; created to replace Part D Program Agencies Agencies Department of Labor (DOL) Department of Labor (DOL) Department of Energy (DOE) Department of Energy (DOE) Department of Health & Human Services (HHS) Department of Health & Human Services (HHS) Department of Justice (DOJ) Department of Justice (DOJ)

3 EEOICPA COMPENSATION $5 Billion Total Compensation $5 Billion Total Compensation $3 Billion Part B $3 Billion Part B $1.65 Billion Part E $1.65 Billion Part E $350 Million Medical $350 Million Medical Data as of July 27, 2009

4 A Quick Look at Part B Radiation induced cancer Radiation induced cancer “Special Exposure Cohort” “Special Exposure Cohort” Beryllium Disease Beryllium Disease Silicosis (for miners in Nevada and Alaska) Silicosis (for miners in Nevada and Alaska) “Supplement” for RECA uranium workers “Supplement” for RECA uranium workers

5 Part B: Who’s Eligible? DOE employees (Feds) DOE employees (Feds) DOE contractors/subcontractors DOE contractors/subcontractors Atomic Weapons Employers (AWE) Atomic Weapons Employers (AWE) Beryllium vendors (BV) Beryllium vendors (BV) Certain survivors of deceased workers Certain survivors of deceased workers RECA Section 5 uranium workers RECA Section 5 uranium workers

6 Part B: Who’s Eligible? (cont’d) Presumptive coverage for workers with 22 specified cancers at SPECIAL EXPOSURE COHORT (SEC) sites Presumptive coverage for workers with 22 specified cancers at SPECIAL EXPOSURE COHORT (SEC) sites Four legislated – 3 Gaseous Diffusion Plants, plus Amchitka Four legislated – 3 Gaseous Diffusion Plants, plus Amchitka 44 SEC classes added by HHS so far 44 SEC classes added by HHS so far

7 Under Part B Eligible Survivors (at time of compensation payment): Spouse – married to covered employee for at least one year immediately prior to death Spouse – married to covered employee for at least one year immediately prior to death Children if there is no surviving spouse) Children (if there is no surviving spouse) Parents (when there is no surviving spouse or child) Parents (when there is no surviving spouse or child) Grandchildren (when there are no preceding survivors) Grandchildren (when there are no preceding survivors) Grandparents (when there are no preceding survivors) Grandparents (when there are no preceding survivors)

8 Basic Part B Claim Criteria – Employment DOE Employee DOE Employee DOE Contractor or Subcontractor DOE Contractor or Subcontractor Beryllium Vendors Beryllium Vendors Atomic Weapons Employer Atomic Weapons Employer Approved Section 5 RECA claims Approved Section 5 RECA claims

9 Basic Part B Claim Criteria – Medical Illnesses Any malignant cancer (at least as likely as not caused by radiation exposure) Any malignant cancer (at least as likely as not caused by radiation exposure) Chronic Beryllium Disease Chronic Beryllium Disease Chronic Silicosis (only for employees who worked during the mining of atomic weapon test tunnels in Nevada or Alaska) Chronic Silicosis (only for employees who worked during the mining of atomic weapon test tunnels in Nevada or Alaska) Beryllium Sensitivity Beryllium Sensitivity

10 Basic Part B Claim Criteria – Burden of Proof Claimant carries the burden to prove the elements of the claim 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 DOL will assist in collection of evidence, i.e. medical documentation, employment & exposure records

11 Part B Benefits $150,000 lump sum compensation payment $150,000 lump sum compensation payment Medical benefits for covered conditions Medical benefits for covered conditions Medical treatment and monitoring only for beryllium sensitivity Medical treatment and monitoring only for beryllium sensitivity

12 Uranium Worker Part B Benefits under the EEOICPA DOL verifies RECA Section 5 award with the DOJ to determine coverage and compensation 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 Section 5 awardees from DOJ receive $50,000 and medical benefits under Part B of the EEOICPA

13 A Quick Look at Part E Any occupational illness with causal relationship to toxic substance/chemical supported by well reasoned and rationalized medical evidence 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 DOE contractor/subcontractor or worker at RECA Section 5 facility Certain survivors of deceased workers; eligible spouse; if no spouse, eligible child 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 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

14 Part E: Who’s Eligible? DOE contractors and subcontractors DOE contractors and subcontractors Does NOT include AWE, BV workers 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 EXCEPTION: if AWE/BV is designated as a DOE contractor for remediation, and the employee worked on the remediation Eligible survivors Eligible survivors

15 Part E Eligible Survivors (at time of employee’s death) Spouse – married to covered employee for at least one year immediately prior to death 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: 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 18, Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18, or 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 Any age, if incapable of self support

16 Basic Part E Claim Criteria 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 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 substanceMedical: Diagnosed illness, e.g. asbestosis, cancer, dermatitis, asthma, etc. Diagnosed illness, e.g. asbestosis, cancer, dermatitis, asthma, etc.

17 Basic Part E Claim Criteria cont’d Proof of Survivorship Eligibility: i.e. Marriage Certificate, Birth Certificate i.e. Marriage Certificate, Birth Certificate Burden of Proof: Claimant carries the burden to prove the elements of the claim 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 DOL will assist in collection of evidence, i.e. medical documentation, employment & exposure records

18 Part E Benefits $250,000 maximum lump sum compensation payment per covered employee (includes wage loss and/or impairment $250,000 maximum lump sum compensation payment per covered employee (includes wage loss and/or impairment $175,000 Maximum survivor benefit $175,000 Maximum survivor benefit $125,000 standard survivor lump sum compensation benefit $125,000 standard survivor lump sum compensation benefit + additional $25,000 or $50,000 for established wage loss + additional $25,000 or $50,000 for established wage loss State Workers’ Compensation/Tort offset can be applied State Workers’ Compensation/Tort offset can be applied Medical benefits for covered conditions Medical benefits for covered conditions

19 Survivor – Compensation Categories  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

20 Section 5 Uranium Workers and Part E of the EEOICPA Part E expands eligibility for Section 5 uranium workers (uranium miners, millers, and ore transporters) and their eligible survivors 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 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 An award under Section 5 of RECA administered by DOJ is NOT required for consideration under Part E of the EEOICPA

21 Means of Verifying Exposure DOL Resource Centers DOL Resource Centers Occupational History Questionnaires (OHQ) Occupational History Questionnaires (OHQ) DOE Document Acquisition Request (DAR) DOE Document Acquisition Request (DAR) Former Worker Protection Records (FWP) Former Worker Protection Records (FWP) Claimant Records Claimant Records

22 Means of Verifying Exposure cont’d Site Exposure Matrices (SEM) Identifies toxic substances related to labor categories, processes, buildings, and major incidents 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 Designed to assist with exposure evaluation and houses exposure information for uranium sites 4,170 Uranium Mines 4,170 Uranium Mines 48 Uranium Mills 48 Uranium Mills 17 Ore Buying Stations 17 Ore Buying Stations A version of the SEM database is available to the public on the DEEOIC website at A version of the SEM database is available to the public on the DEEOIC website at

23 Proving Causation Under Part E of the EEOICPA “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 “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 Automatic establishment of causation for the condition Part B condition accepted by DOL Part B condition accepted by DOL For survivor claims, causation between covered condition and death must also be established For survivor claims, causation between covered condition and death must also be established

24 Part E: Impairment Determination of % of permanent whole body impairment due to covered illness Determination of % of permanent whole body impairment due to covered illness Impairment rating performed at maximum medical improvement (MMI) Impairment rating performed at maximum medical improvement (MMI) Well-stabilized and unlikely to improve with medical treatment Well-stabilized and unlikely to improve with medical treatment Covered illness in terminal stage prior to MMI Covered illness in terminal stage prior to MMI DOL proceeds to determine impairment rating DOL proceeds to determine impairment rating Standard Applied – 5 th Edit. AMA’s Guides to the Evaluation of Permanent Impairment 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 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 Claimant may request re-evaluation every two years or upon acceptance of new illness $2,500 awarded for each percentage point of impairment $2,500 awarded for each percentage point of impairment

25 Impairment Rating Procedures Options For Getting Impairment Rating: Options For Getting Impairment Rating: Option 1- Physician of the employee’s choice OR 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 Option 2- DOL gathers appropriate tests and has a qualified physician complete an impairment evaluation based on the medical records Criteria for Physician Selection: 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 Trained and certified to perform impairment ratings using the AMA’s Guides to the Evaluation of Permanent Impairment, or experience using the Guides

26 Part E: Wage Loss 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 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 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 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 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 Employee potentially eligible for $10,000 or $15,000 per year in wage loss benefit depending on level of wage loss

27 Issuing Decisions Recommended decision – issued by the District Office (DO) Recommended decision – issued by the District Office (DO) Waive objections Waive objections File objections File objections Review of Written Record Review of Written Record Oral Hearing Oral Hearing Final decision – issued by the Final Adjudication Branch (FAB) Final decision – issued by the Final Adjudication Branch (FAB) Reconsideration within 30 days Reconsideration within 30 days Reopening at any time (with new evidence or change in Program) Reopening at any time (with new evidence or change in Program) Federal Court Federal Court

28 Claimant Resources Resource Centers – 11 locations Resource Centers – 11 locations Takes claims and provides customer service Takes claims and provides customer service 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 Website DEEOIC Website General program information General program information Forms Forms Sample decisions Sample decisions SEM Website SEM Website

29 Program Statistics For Part B and Part E available at DOL’s web site: /weeklystats.htm For Part B and Part E available at DOL’s web site: /weeklystats.htm /weeklystats.htm /weeklystats.htm By state and worksite available at: /statistics/Statistics.htm By state and worksite available at: /statistics/Statistics.htm /statistics/Statistics.htm /statistics/Statistics.htm Updated daily Updated daily

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31 Resource Center Contact Info Las Vegas Resource Center Office Manager Idaho Resource Center Office Manager Name: Joe KrachenfelsName: Steve Beehler Resource Center Address/Phone Flamingo Executive ParkExchange Plaza 1050 East Flamingo Road, Suite W East 17th Street, Suite 375 Las Vegas, NV 89119Idaho Falls, ID Telephone: (702) Telephone: (208) Fax: (702) Fax: (208) Toll Free: (866) Toll Free: (800) Denver Resource Center Office Manager Espanola Resource Center Office Manager Name: Janele HornerName: Karen Martinez Resource Center Address/Phone 8758 Wolff Court, Suite Paseo De Onate, Suite "D" Westminster, Colorado 80031Espanola, NM Telephone: (720) Telephone: (505) Fax: (720) Fax: (505) Toll Free: (866) Toll Free: (866)

32 District Office Jurisdictional Map

33 District Office Contact Info 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 Phone Numbers U. S. Department of Labor, DEEOIC 1999 Broadway, Suite 1120 P.O. Box Denver, Colorado (720) (Main) (720) (Fax) (888) (Toll Free) District Office 4 -- Seattle, Washington (Alaska, Arizona, California, Idaho, Hawaii, Marshall Islands, Nevada, New Mexico,Oregon and Washington) Address Phone Numbers U. S. Department of Labor, DEEOIC 719 2nd Avenue, 6th floor Suite 601 Seattle, Washington U. S. Department of Labor, DEEOIC 719 2nd Avenue, 6th floor Suite 601 Seattle, Washington (206) (Main) (206) (Fax) (888) (Toll Free)

Questions?