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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 Meetings Attleboro, Mass & Cromwell, Conn June 18 - 19, 2014

  2. Our Mission and the EEOICPA The Department of Labor’s Division of Energy Employees Occupational Illness Compensation has the responsibility for administering the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). This law was passed to provide compensation and medical benefits to individuals who became ill as a result of their employment in the atomic weapons industry. These include Department of Energy (DOE) employees, DOE contractors and subcontractors, Atomic Weapons Employer employees, employees of beryllium vendors, and certain beneficiaries of Section 5 of the Radiation Exposure Compensation Act (RECA).

  3. Administration of the EEOICPA • Part B (October 2000) • Part E (October 2004) • Agencies: • Department of Labor (DOL) • DOL’s Division of Energy Employees Occupational Illness Compensation (DEEOIC) administers the EEOICPA • Department of Energy (DOE) • Department of Health and Human Services • National Institute for Occupational Safety and Health (NIOSH) • Department of Justice

  4. EEOICPA Definitions • Atomic Weapons Employer- any entity, other than the United States, that: (1) Processed or produced, for use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling; and (2) is designated by the Secretary of Energy as an Atomic Weapons Employer during a designated period for purposes of the EEOICPA • Atomic Weapons Employees- are individuals employed by an Atomic Weapons Employer during a covered time period, and individuals employed at a facility that the National Institute for Occupational Safety and Health reported had a potential for significant residual radiation contamination outside of the covered period described above

  5. EEOICPA Definitions • Department of Energy (DOE) facility- means, as determined by the Director of OWCP, any building, structure, or premise, including the grounds upon which such building, structure, or premise is located, in which operations are, or have been, conducted by, or on behalf of, the DOE, except for buildings, structures, premises, grounds, or operations pertaining to the Naval Nuclear Propulsion Program; and, with regard to which the DOE has or had: • A propriety interest; or • Entered into a contract with an entity to provide management and operation, management and integration, environmental remediation services, construction, or maintenance services

  6. Employee Eligibility 5

  7. Covered Conditions 6

  8. Survivor Definition 7

  9. Benefits 8

  10. 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 9

  11. Part B: Dose Reconstruction & Probability of Causation • Part B Cancer Cases and 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

  12. Part B: Special Exposure Cohort Worker Group Designation Presumption – occupational radiation caused cancer Employment Worked particular location or specific process Work day requirement – 250 work days “Specified” Cancer 22 cancers named in law Employees determined to be part of a designated SEC class with a “specified cancer” do not need a NIOSH dose reconstruction 11

  13. 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 June 1, 2014, HHS has designated 108 additional SEC classes • DOL administers SEC cases • No role in designation

  14. Mass, Conn, and RI Facilities with an SEC Class • Massachusetts has 7 • Hood Building, Metals and Controls Corp., Norton Co. (2), Nuclear Metals, Inc., Ventron Corporation, and Winchester Engineering and Analytical Center • Connecticut has 2 • Combustion Engineering, and Connecticut Aircraft Nuclear Engine Laboratory (CANEL) • Rhode Island has 0

  15. Part E: Causation Claims developed for exposure to toxic substances Causation: “At least as likely as not” that exposure to a toxic substance at a covered facility during a covered period was a significant factor in aggravating, contributing to, or causing the claimed Illness Tools: Occupational History Questionnaire (OHQ) Site Exposure Matrices (SEM) DAR records Former Worker Medical Screening Program (FWP) work history interviews The Center for Construction Research & Training (CPWR) DOE Physician Panel Findings Other Sources: Affidavits/facility records 14

  16. Site Exposure Matrices (SEM) Website • Repository of information regarding toxic substances present at DOE and RECA Section 5 Facilities • Information gathered from a variety of sources • Expansion completed in April 2014 • Also contains information regarding scientifically established links between certain toxic substances and certain Illnesses • Available at http://www.sem.dol.gov

  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. Decision & Appeals 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 recommendation or remand based on objection/ independent review Appeal Rights – Reconsideration, Reopening & District Court 18

  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. EEOICPA Compensation • $10.5 Billion Total Compensation • $5.38 Billion Part B • $3.21 Billion Part E • $1.91 Billion Medical Data as of June 1, 2014

  22. Total Compensation By State • Massachusetts-$65.7 Million • Connecticut-$26.8 Million • Rhode Island-$11.08 Million Data as of June 1, 2014

  23. Claimant Resources • 11 Resource Centers Nationwide • New York Resource Center toll free number: (800) 941-3943 • 4 District Offices Nationwide • Cleveland District Office toll free number: (888) 859-7211 • DEEOIC WEBSITE- www.dol.gov/owcp/energy/ • General program information • SEM public website • Forms • Sample Decisions

  24. District Office Jurisdictional Map

  25. Questions?