Energy Employees Occupational Illness Compensation Program Town Hall Meeting Sandia National Laboratories Albuquerque, New Mexico August 22, 2012

1 Administration of the EEOICPA Part B (October 2000) Part B (October 2000) Part E (October 2004) Part E (October 2004) Agencies: Agencies: Department of Labor (DOL) Department of Labor (DOL) Department of Energy (DOE) Department of Energy (DOE) Department of Health and Human Services (HHS) Department of Health and Human Services (HHS) Department of Justice (DOJ) Department of Justice (DOJ)

2 EEOICPA Compensation $8.4 Billion Total Compensation $8.4 Billion Total Compensation $4.5 Billion Part B $4.5 Billion Part B $2.7 Billion Part E $2.7 Billion Part E $1.2 Billion Medical $1.2 Billion Medical Data as of August 12, 2012

3 Sandia National Laboratories DOE Covered Facility from 1945 – present DOE Covered Facility from 1945 – present Contractors: Contractors: University of California: 1945 – 1948 University of California: 1945 – 1948 AT&T: 1949 – 1993 AT&T: 1949 – 1993 Martin Marietta: 1993 – 1995 Martin Marietta: 1993 – 1995 Lockheed Martin: 1995 – present Lockheed Martin: 1995 – present

4 Sandia National Laboratories Compensation $84.4 Million Total Compensation $84.4 Million Total Compensation $48.5 Million Part B $48.5 Million Part B $30.3 Million Part E $30.3 Million Part E $5.6 Million Medical $5.6 Million Medical Data as of August 12, 2012

5 Part B: Who’s Eligible? Covered Employees Covered Employees DOE employees or its contractors/subcontractors DOE employees or its contractors/subcontractors Atomic Weapons Employers (AWE) Atomic Weapons Employers (AWE) Eligible Survivors Eligible Survivors Surviving spouse Surviving spouse Children – Regardless of age Children – Regardless of age Parents Parents Beryllium vendors (BV) RECA Section 5 awardees Grandchildren Grandparents

6 Part B: Covered Conditions Radiation induced cancer Radiation induced cancer Special Exposure Cohort Special Exposure Cohort Probability of Causation Probability of Causation Beryllium Disease Beryllium Disease Silicosis (for miners in Nevada and Alaska) Silicosis (for miners in Nevada and Alaska) “Supplement” for RECA Section 5 uranium workers “Supplement” for RECA Section 5 uranium workers

7 Part B: Dose Reconstruction & Probability of Causation Dose Reconstruction 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

8 Part B: Special Exposure Cohort Worker Group Designation Worker Group Designation Presumption – occupational radiation caused cancer Presumption – occupational radiation caused cancer Employment Employment Worked particular location or specific process Worked particular location or specific process Work day requirement – 250 work days Work day requirement – 250 work days “Specified” Cancer “Specified” Cancer 22 cancers named in law 22 cancers named in law

9 Part B: Adding New SEC Classes NIOSH designates new SEC classes NIOSH designates new SEC classes Worker Petition or Agency Decision Worker Petition or Agency Decision Advisory Board Assistance Advisory Board Assistance 4 statutory SEC classes (3 GDPs + Amchitka) 4 statutory SEC classes (3 GDPs + Amchitka) As of June 27, 2012, HHS has designated 90 additional SEC classes As of June 27, 2012, HHS has designated 90 additional SEC classes DOL administers SEC cases DOL administers SEC cases No role in designation No role in designation

10 Sandia National Laboratories 2 SEC Classes: 1 st SEC Class - Effective September 9, st SEC Class - Effective September 9, 2011 Qualifying Employment: Qualifying Employment: DOE employees (or employees of predecessor agency – AEC) DOE employees (or employees of predecessor agency – AEC) DOE contractors and subcontractors DOE contractors and subcontractors Worked in any area at the Sandia National Laboratories in Albuquerque, New Mexico Worked in any area at the Sandia National Laboratories in Albuquerque, New Mexico 250 workdays from Jan. 1, 1949 through Dec. 31, workdays from Jan. 1, 1949 through Dec. 31, 1962

11 Sandia National Laboratories 2 SEC Classes (cont’d): 2nd SEC Class - Effective June 10, nd SEC Class - Effective June 10, 2012 Qualifying Employment: Qualifying Employment: DOE employees (or employees of predecessor agency – AEC) DOE employees (or employees of predecessor agency – AEC) DOE contractors and subcontractors DOE contractors and subcontractors Worked in any area at the Sandia National Laboratories in Albuquerque, New Mexico Worked in any area at the Sandia National Laboratories in Albuquerque, New Mexico 250 workdays from Jan. 1, 1963 through Dec. 31, workdays from Jan. 1, 1963 through Dec. 31, 1994

12 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 Other Sources Other Sources Including affidavits and records or documents created by state and federal agencies Including affidavits and records or documents created by state and federal agencies

13 Sandia National Laboratories SEC Claim Review Claims reviewed for SEC inclusion: Claims reviewed for SEC inclusion: Pending dose reconstruction at time of SEC class Pending dose reconstruction at time of SEC class Previously denied for POC <50% Previously denied for POC <50% Potentially affected cases identified – tracked to resolution Potentially affected cases identified – tracked to resolution Goals for each new SEC class to prioritize SEC acceptance Goals for each new SEC class to prioritize SEC acceptance

14 Part E: Illness from Toxic Exposure Eligible Covered Employees Eligible Covered Employees DOE contractor or subcontractor employees DOE contractor or subcontractor employees Does NOT include DOE, AWE, and BV workers Does NOT include DOE, AWE, and BV workers Eligible Survivors Eligible Survivors Surviving Spouse Surviving Spouse Employee’s Children, if no surviving spouse, and if at the time of the employee’s death the child was: 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 18 Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18 Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18 Any age if medically incapable of self support Any age if medically incapable of self support

15 Part E: Means of Verifying Toxic Exposure DOL Resource Centers DOL Resource Centers Occupational History Questionnaires (OHQ) Occupational History Questionnaires (OHQ) Site Exposure Matrices (SEM) 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 Website available at Website available at DOE Document Acquisition Request (DAR) DOE Document Acquisition Request (DAR) Claimant Records Claimant Records

16 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

17 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

18 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 (+ lump-sum Wage Loss if eligible) $400,000 CAP for B+E combined

19 Decision 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 recommend decision or remand based on objection/independent review Affirmation of recommend decision or remand based on objection/independent review Claimant Rights – Reconsideration, Reopening, & District Court Claimant Rights – Reconsideration, Reopening, & District Court

20 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

21 Claimant Resources Resource Centers – 11 locations Resource Centers – 11 locations Espanola Resource Center toll free number: (866) Espanola Resource Center toll free number: (866) District Offices – 4 locations District Offices – 4 locations Seattle District Office toll free number: (888) Seattle 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

22 District Office Jurisdictional Map

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Questions?