Energy Employees Occupational Illness Compensation Program Town Hall Meeting Feed Materials Production Center (FMPC) Hamilton, Ohio September 25, 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 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

33 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

4 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

5 Part B: Radiation Induced Cancer 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

6 Part B: Special Exposure Cohort Causation presumed for Special Exposure Cohort (SEC) members diagnosed with a “specified cancer” Causation presumed for Special Exposure Cohort (SEC) members diagnosed with a “specified cancer” NIOSH Dose Reconstruction is not needed NIOSH Dose Reconstruction is not needed “Specified” Cancer “Specified” Cancer 22 cancers named in law 22 cancers named in law

7 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 September 22, 2012, HHS has designated 94 additional SEC classes As of September 22, 2012, HHS has designated 94 additional SEC classes DOL administers SEC cases DOL administers SEC cases No role in designation No role in designation

8 Feed Materials Production Center (FMPC) SEC Class: SEC Class – Effective July 27, 2012 SEC Class – Effective July 27, 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 at the FMPC in Fernald, Ohio Worked at the FMPC in Fernald, Ohio 250 workdays from January 1, 1968 through December 31, workdays from January 1, 1968 through December 31, 1978

99 FMPC 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

10 Part E: Who’s Eligible? 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

11 FMPC Contractors Contractors: Contractors: National Lead of Ohio (1951 – 1985) National Lead of Ohio (1951 – 1985) Westinghouse (1985 – 1992) Westinghouse (1985 – 1992) Fluor Fernald (1992 – present) Fluor Fernald (1992 – present) DOE covered facility from 1951 through the present DOE covered facility from 1951 through the present

12 Part E: Illness from Toxic Exposure All conditions (not symptoms of conditions) are covered All conditions (not symptoms of conditions) are covered Must show that toxic exposure at a covered DOE facility was a significant factor in Must show that toxic exposure at a covered DOE facility was a significant factor in Causing, Contributing to, or Aggravating the claimed condition Causing, Contributing to, or Aggravating the claimed condition DOL will assist with verifying Part E toxic exposure DOL will assist with verifying Part E toxic exposure Claimant bears overall burden of proving his or her claim. Claimant bears overall burden of proving his or her claim.

13 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

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 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

17 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 Claimant Rights – Reconsideration & Reopening

18 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

19 Claimant Resources Resource Centers – 11 locations Resource Centers – 11 locations Portsmouth Resource Center toll free number: (866) Portsmouth 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

20 Ohio 34 Covered Facilities are located in Ohio 34 Covered Facilities are located in Ohio Hamilton: Herring-Hall Marvin Safe. Co. Hamilton: Herring-Hall Marvin Safe. Co. Cincinnati: Cincinnati: Cincinnati Milling Machine Co. Cincinnati Milling Machine Co. General Electric Co. (Ohio) General Electric Co. (Ohio) Kettering Lab., University of Cincinnati Kettering Lab., University of Cincinnati Magnus Brass Co. Magnus Brass Co. Mitchell Steel Co. Mitchell Steel Co. R. W. Leblond Machine Tool Co. R. W. Leblond Machine Tool Co. A complete list of all covered facilities can be found at: A complete list of all covered facilities can be found at: aclist/findfacility.cfm

21 EEOICPA Compensation $8.5 Billion Total Compensation $8.5 Billion Total Compensation $4.58 Billion Part B $4.58 Billion Part B $2.71 Billion Part E $2.71 Billion Part E $1.23 Billion Medical $1.23 Billion Medical Data as of September 16, 2012

22 Feed Materials Production Center (FMPC) $152.8 Million Total Compensation $152.8 Million Total Compensation $79.6 Million Part B $79.6 Million Part B $56.6 Million Part E $56.6 Million Part E $16.6 Million Medical $16.6 Million Medical Data as of September 16, 2012

23 District Office Jurisdictional Map

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