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Energy Employees Occupational Illness Compensation Program

Energy Employees Occupational Illness Compensation Program

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Energy Employees Occupational Illness Compensation Program

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  1. Energy Employees Occupational Illness Compensation Program Town Hall Meeting Pasco, Washington October 23, 2012

  2. 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) • Department of Justice (DOJ)

  3. 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?

  4. Means of Verifying Employment DOE EE-5 Employment Verification Form Oak Ridge Institute for Science and Education (ORISE) The Center for Construction Research and Training (CPWR) Corporate Verifiers SSA wage data Other Sources Including affidavits and records or documents created by state and federal agencies 3

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

  6. Part B: Radiation Induced CancerCausation • 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

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

  8. Part B: Adding New SEC Classes • NIOSH designates new SEC classes • Worker Petition or Agency Decision • Advisory Board Assistance • 4 statutory SEC classes (3 GDPs + Amchitka) • As of September 22, 2012, HHS has designated 94 additional SEC classes • DOL administers SEC cases • No role in designation

  9. New Hanford Engineer Works SEC Class: • SEC Class – Effective September 22, 2012 • Qualifying Employment: • DOE employees (or employees of predecessor agency – AEC) • DOE contractor and subcontractor employees • Worked at the Hanford Engineer Works in Richland, Washington • 250 workdays from • July 1, 1972 - December 31, 1983

  10. Hanford Engineer Works SEC Inclusion Areas • Areas • 100, 200, 300 • 400, 600 • 1100, 3000 * Employees identifying a work location at the Hanford Operations Office (aka Richland Operations Office) or within Area 700, must demonstrate that they were performing operations on the operational sites for the requisite 250 workdays for SEC inclusion. If the evidence shows exclusive employment at either the Hanford Operations Office or Area 700, SEC coverage does not extend to the employee.

  11. Previous Hanford SEC Class: • SEC Class – Effective January 9, 2010 • Worked at the Hanford facility in Richland, Washington • 250 workdays from • October 1, 1943- June 30, 1972 • Qualifying Employment: • DOE employees (or employees of predecessor agency – AEC) • DOE contractor and subcontractor employees

  12. Hanford SEC Claim Review 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 Goals for each new SEC class to prioritize SEC acceptance 11

  13. Eligible Covered Employees DOE contractor or subcontractor employees Does NOT include DOE, 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 medically incapable of self support Part E: Who’s Eligible?

  14. Hanford Contractors Contractors: Entire Site • Flour Daniel (1994- present) • Westinghouse (1987 -1994) • General Electric (1946 - 1965) • E.I. Dupont de Nemours & Company (1943 -1946) Contractors: Reactor Operations • UNC Nuclear Industries (1973-1987); • United Nuclear Industries (1967-1973); • Douglas United Nuclear (1965-1967) Contractors: Chemical Reprocessing • Rockwell Hanford Company (1977-1987); • Atlantic-Richfield Hanford Company (1967-1977); • Isochem, Incorporated (1965-1967) DOE covered facility from 1942 through the present

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

  16. 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 • Website available at www.sem.dol.gov • DOE Document Acquisition Request (DAR) • Claimant Records

  17. Part E: Employee 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

  18. Part E: Employee Wage Loss • Medical evidence must show decreased capacity to work • 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

  19. Benefits 18

  20. Decision 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) • Affirmation of recommend decision or remand based on objection/independent review • Claimant Rights – Reconsideration & Reopening

  21. 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 • Review decision and information for appeal

  22. Claimant Resources • Resource Centers – 11 locations • Hanford Resource Center toll free number: (888) 654- 0014 • 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

  23. EEOICPA Compensation • $8.6 Billion Total Compensation • $4.6 Billion Part B • $2.7 Billion Part E • $1.26 Billion Medical Data as of October 7, 2012

  24. Hanford • $775.5 Million Total Compensation • $460 Million Part B • $255.7 Million Part E • $59.5 Million Medical Data as of October 7, 2012

  25. District Office Jurisdictional Map

  26. Questions?