Energy Employees Occupational Illness Compensation Program Town Hall Meeting Bolingbrook, Illinois June 7, 2011

1 Administrative Issues Emergency Exits Emergency Exits Rest Rooms Rest Rooms Photos Photos Cell Phones Cell Phones

2 Enactment of EEOICPA Enacted October 2000 Enacted October 2000 Part B, mandatory federal entitlement, by DOL Part B, mandatory federal entitlement, by DOL Part D, state workers comp. assistance, by DOE Part D, state workers comp. assistance, by DOE Amendments October 2004 Amendments October 2004 Abolished Part D, created federal Part E, transferred to DOL Abolished Part D, created federal Part E, transferred to DOL 143,964 cases filed, over $7 billion total compensation and medical benefits paid to date 143,964 cases filed, over $7 billion total compensation and medical benefits paid to date Agencies: Labor, Energy, HHS, Justice Agencies: Labor, Energy, HHS, Justice DOL locations DOL locations DC, Jacksonville, Cleveland, Denver, and Seattle DC, Jacksonville, Cleveland, Denver, and Seattle Data as of May 19, 2011

3 EEOICPA COMPENSATION NATIONWIDE $7 Billion Total Compensation $7 Billion Total Compensation $3.94 Billion Part B $3.94 Billion Part B $2.32 Billion Part E $2.32 Billion Part E $784 Million Medical $784 Million Medical Data as of May 19, 2011

4 Covered Facilities in Illinois 29 Covered Facilities are located in Illinois including: 29 Covered Facilities are located in Illinois including:  Argonne National Lab. – East  Blockson Chemical Co.  Fansteel Metallurgical Corp.  Fermi National Accelerator Lab.  Lindsay Light and Chemical Co.  Dow Chemical (Madison Site)  Metallurgical Lab.  W.E. Pratt Manufacturing Co. For a complete list of all covered facilities located in Illinois please visit the DOE Facility List Database Website at: For a complete list of all covered facilities located in Illinois please visit the DOE Facility List Database Website at: facility.cfm

5 Argonne National Lab. -- East and Fermi National Accelerator Lab. Argonne National Laboratory – East Argonne National Laboratory – East  DOE Facility - Covered Time Period: 1946 – Present Contractor: University of Chicago (1946 – Present) Contractor: University of Chicago (1946 – Present) $30 million in EEOICPA compensation and medical benefits paid $30 million in EEOICPA compensation and medical benefits paid Fermi National Accelerator Laboratory Fermi National Accelerator Laboratory DOE Facility - Covered Time Period: 1972 – Present DOE Facility - Covered Time Period: 1972 – Present Contractor: Universities Research Association (1972 – Present) Contractor: Universities Research Association (1972 – Present) $2.4 million in EEOICPA compensation and medical benefits paid $2.4 million in EEOICPA compensation and medical benefits paid Data as of May 19, 2011

66 Employee Eligibility Employed By Part B Part E DOE Contractors and Subcontractors YesYes DOE Federal Employees YesNo AWE Employees YesNo Beryllium Vendors YesNo RECAYesYes

77 Covered Conditions Condition Part B Part E CBDYesYes Beryllium Sensitivity Medical Monitoring Only Yes Chronic Silicosis YesYes CancerYesYes Any condition related to toxic exposure NoYes

88 Survivor Definition Type Part B Part E Spouse at time of death YesYes Children - under age 18; under age 23 if full-time student; or any age if medically incapable of self- support YesYes Adult Children YesNo

99 Benefits Part B Part E $150,000 Employee + Survivor Impairment $2,500 per % (Employee) $50,000 RECA Employee + Survivor Wage Loss $10,000 - $15,000 per year (Employee) $125,000 Survivor $400,000 CAP for B+E combined

10 Means of Verifying Employment DOE DOE EE-5 Employment Verification Form EE-5 Employment Verification Form Oak Ridge Institute for Science and Education (ORISE) Oak Ridge Institute for Science and Education (ORISE) The Center for Construction Research and Training (CPWR) The Center for Construction Research and Training (CPWR) Corporate Verifiers Corporate Verifiers SSA wage data SSA wage data Affidavits Affidavits

11 Part B: Dose Reconstruction & Probability of Causation Part B Cancer Cases and Dose Reconstruction Part B Cancer Cases and Dose Reconstruction Conducted by NIOSH Conducted by NIOSH Level and extent of occupational radiation dose Level and extent of occupational radiation dose Probability of Causation (PoC) Probability of Causation (PoC) Scientific calculation of likelihood that radiation exposure caused cancer Scientific calculation of likelihood that radiation exposure caused cancer NIOSH-IREP NIOSH-IREP PoC - 50% or greater for award PoC - 50% or greater for award

12 Part E: Causation Claims developed for exposure to toxic substances Claims developed for exposure to toxic substances Causation: “At least as likely as not” Causation: “At least as likely as not” Tools: Tools: Occupational History Questionnaire (OHQ) Occupational History Questionnaire (OHQ) Site Exposure Matrices (SEM) Site Exposure Matrices (SEM) DAR records DAR records FWP work history interviews FWP work history interviews Center for Construction Research & Training (CPWR) Center for Construction Research & Training (CPWR) DOE Physician Panel Findings DOE Physician Panel Findings Other Sources: Affidavits/facility records Other Sources: Affidavits/facility records

13 SEM Database Site Exposure Matrices (SEM) Website: Site Exposure Matrices (SEM) Website: Expansion completed in January 2011 Expansion completed in January 2011 Contains information regarding confirmed causal links between certain toxic substance exposures and certain diseases or health effects Contains information regarding confirmed causal links between certain toxic substance exposures and certain diseases or health effects Available at Available at

14 Part E: Employee Impairment Determination of % permanent whole person impairment due to covered illness Determination of % permanent whole person impairment due to covered illness AMA’s Guides to the Evaluation of Permanent Impairment, 5 th Edition AMA’s Guides to the Evaluation of Permanent Impairment, 5 th Edition $2,500 awarded for each % of impairment $2,500 awarded for each % of impairment

15 Part E: Employee Wage Loss Medical evidence must show decreased capacity to work Medical evidence must show decreased capacity to work Employee Compensation: Employee Compensation: Any year <50% of the pre-disability annual wage = $15,000 compensation Any year <50% of the pre-disability annual wage = $15,000 compensation Any year > 50% but 50% but <75% of the pre-disability annual wage = $10,000 compensation

16 Decision & Appeals Process Recommended Decision - District Office Recommended Decision - District Office Preliminary determination Preliminary determination Cover letter, decision, and rights to object (oral hearing/review of written record) Cover letter, decision, and rights to object (oral hearing/review of written record) Final Decision – Final Adjudication Branch (FAB) Final Decision – Final Adjudication Branch (FAB) Affirmation of recommendation or remand based on objection/ independent review Affirmation of recommendation or remand based on objection/ independent review Appeal Rights – Reconsideration, Reopening & District Court Appeal Rights – Reconsideration, Reopening & District Court

17 Claimant Responsibilities File Claim File Claim Collect/Copy/Submit relevant records Collect/Copy/Submit relevant 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 – call Resource Center Seek assistance if you need help – call Resource Center Review decision and information for appeal Review decision and information for appeal

18 Claimant Resources Resource Centers – 11 locations Resource Centers – 11 locations Paducah Resource Center toll free number: (866) Paducah Resource Center toll free number: (866) District Offices – 4 locations District Offices – 4 locations Cleveland District Office toll free number: (888) Cleveland District Office toll free number: (888) DEEOIC web site DEEOIC web site General program information General program information SEM website SEM website Forms Forms Sample decisions Sample decisions

19 Program Statistics Program statistics for Part B and Part E available at DOL’s web site: eklystats.htm Program statistics for Part B and Part E available at DOL’s web site: eklystats.htm Program statistics by state and worksite available at: Program statistics by state and worksite available at: tistics/Statistics.htm Program statistics updated daily Program statistics updated daily

20 District Office Jurisdictional Map

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23 Ombudsman The Office of the Ombudsman was created in We are an independent office located within the Department of Labor. We are not an advocate for individual claimants; and We do not make decisions on claims

24 EEOICP Ombudsman Duties As an Independent Office we: Provide information on the benefits available under EEOICPA and the requirements and procedures applicable to the provisions of EEOICPA Part B and Part E; Make recommendations to the Secretary regarding the location of “resource centers” for the acceptance and development of claims for benefits under EEOICPA; and Carry out other duties as the Secretary shall specify.

25 Ombudsman’s Duties We Submit an Annual Report to Congress by February 15 th each year, providing: The number and types of complaints, grievances and requests for assistance received by the Ombudsman during the preceding year; and An assessment of the most common difficulties encountered by claimants and potential claimants during the preceding year.

26 Ombudsman Duties We Conduct Outreach:  Conduct Town Hall Meeting ● Ombudsman Meetings ● Joint Meetings (NIOSH/FWP/DEEOICP)  Develop Brochures/Handouts  Web Page We Provide Assistance:  Receive calls and requests from claimants pertaining to complaints, problems or concerns about the program  Explain program requirements, eligibility, and benefits  Provide suggestions

27 Ombudsman’s Duties 2010 Ombudsman’s Annual Report to Congress is currently on our website:

28 Ombudsman Contact Information Mail: U.S. Department of Labor Office of the Ombudsman, 200 Constitution Avenue, NW, Room N2454 Washington, D.C Toll Free: Website:

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30 Department of Energy Former Worker Medical Screening Program (FWP) and Responsibilities under EEOICPA

Argonne & Fermi National Laboratories Argonne and Fermi former worker beryllium surveillance began in Oak Ridge Associated Universities, Beryllium Medical Surveillance Program - screened former workers until 2005

Beryllium Medical Surveillance findings former Argonne/Fermi workers screened - 7 sensitized (>2 abnormal BeLPTs) - 4 single abnormal BeLPTs - 6 borderline BeLPTs - 1 Chronic Beryllium Disease case Argonne & Fermi National Laboratories

National Supplemental Screening Program (NSSP) NSSP Outreach - Beryllium Surveillance roster - Argonne & Fermi rosters notification letter mailings - Word of mouth Medical screenings began in 2006

Argonne & Fermi National Laboratories NSSP Findings, 2006-present 266 initial medical screening exams 16.2% - suspect asbestos-related disease 0.0% - suspect silicosis 3.4% - 1 abnormal BeLPT 1.5% - 2 abnormal BeLPTs 47.7% - noise-induced hearing loss

Contact & Enrollment Information: (toll-free) National Supplemental Screening Program

Questions?