Energy Employees Occupational Illness Compensation Program

1. Energy Employees Occupational Illness Compensation Program Town Hall Meeting Los Alamos National Laboratory (LANL) Espanola, New Mexico February 20, 2013

2. Los Alamos National Laboratory (LANL) History Operated by the University of California since its inception in 1945, LANL designed, developed and tested the world's first nuclear weapons. After World War II, LANL (called the Los Alamos Scientific Laboratory) continued as an important nuclear weapons research and development facility. Research programs included nuclear physics, hydrodynamics, chemistry, metallurgy, radiochemistry and life sciences. LANL also used its research facilities to back up other areas of the weapons production complex, particularly plutonium processing and fabrication of weapon components Department of Energy covered facility from 1942 through the present

3. 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)

4. 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?

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. 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 5

7. 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

8. 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

9. 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 February 6, 2013, HHS has designated 99 additional SEC classes • DOL administers SEC cases • No role in designation

10. LANL SEC CLASSES: • There are 2 LANL SEC Classes • 1st SEC Class – Effective August 12, 2010 • This SEC class subsumes all earlier SEC classes • Qualifying Employment: • DOE employees, (or employees of predecessor agency – AEC) • DOE contractors and subcontractors • Worked at LANL in Los Alamos, New Mexico • 250 workdays from March 15, 1943 through December 31, 1975

11. New LANL SEC CLASS: • SEC Class – Effective January 6, 2013 • Qualifying Employment: • DOE employees, (or employees of predecessor agency – AEC) • DOE contractors and subcontractors • Worked at LANL in Los Alamos, New Mexico • 250 workdays from January 1, 1976 through December 31, 1995

12. LANL 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. 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

15. 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

16. 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

17. 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

18. Benefits 17

19. 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

20. 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

21. Claimant Resources • Resource Centers – 11 locations • Espanola Resource Center toll free number: (866) 272-3622 • 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

22. EEOICPA Compensation • $9 Billion Total Compensation • $4.8 Billion Part B • $2.84 Billion Part E • $1.38 Billion Medical Data as of February 3, 2013

23. Los Alamos National Laboratory Compensation • $342.6 Million Total Compensation • $179.1 Million Part B • $126.8 Million Part E • $36.7 Million Medical Data as of February 3, 2013

24. District Office Jurisdictional Map

26. Questions?