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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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Presentation Transcript

  1. Energy Employees Occupational Illness Compensation Program Town Hall Meeting Bolingbrook, Illinois June 7, 2011

  2. Administrative Issues • Emergency Exits • Rest Rooms • Photos • Cell Phones

  3. Enactment of EEOICPA • Enacted October 2000 • Part B, mandatory federal entitlement, by DOL • Part D, state workers comp. assistance, by DOE • Amendments October 2004 • Abolished Part D, created federal Part E, transferred to DOL • 143,964 cases filed, over $7 billion total compensation and medical benefits paid to date • Agencies: Labor, Energy, HHS, Justice • DOL locations • DC, Jacksonville, Cleveland, Denver, and Seattle Data as of May 19, 2011

  4. EEOICPA COMPENSATION NATIONWIDE • $7 Billion Total Compensation • $3.94 Billion Part B • $2.32 Billion Part E • $784 Million Medical Data as of May 19, 2011

  5. Covered Facilities in Illinois • 29 Covered Facilities are located in Illinois including: • For a complete list of all covered facilities located in Illinois please visit the DOE Facility List Database Website at: http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist/findfacility.cfm

  6. Argonne National Lab. -- East and Fermi National Accelerator Lab. • Argonne National Laboratory – East • DOE Facility - Covered Time Period: 1946 – Present • Contractor: University of Chicago (1946 – Present) • $30 million in EEOICPA compensation and medical benefits paid • Fermi National Accelerator Laboratory • DOE Facility - Covered Time Period: 1972 – Present • Contractor: Universities Research Association (1972 – Present) • $2.4 million in EEOICPA compensation and medical benefits paid Data as of May 19, 2011

  7. Employee Eligibility 6

  8. Covered Conditions 7

  9. Survivor Definition 8

  10. Benefits 9

  11. 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 Affidavits 10

  12. 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

  13. Part E: Causation Claims developed for exposure to toxic substances Causation: “At least as likely as not” Tools: Occupational History Questionnaire (OHQ) Site Exposure Matrices (SEM) DAR records FWP work history interviews Center for Construction Research & Training (CPWR) DOE Physician Panel Findings Other Sources: Affidavits/facility records 12

  14. SEM Database • Site Exposure Matrices (SEM) Website: • Expansion completed in January 2011 • Contains information regarding confirmed causal links between certain toxic substance exposures and certain diseases or health effects • Available at http://www.sem.dol.gov

  15. 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

  16. 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

  17. 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 16

  18. 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

  19. Claimant Resources • Resource Centers – 11 locations • Paducah Resource Center toll free number: (866) 534-0599 • District Offices – 4 locations • Cleveland District Office toll free number: (888) 859-7211 • DEEOIC web site • http://www.dol.gov/owcp/energy/ • General program information • SEM website • Forms • Sample decisions

  20. Program Statistics Program statistics for Part B and Part E available at DOL’s web site:http://www.dol.gov/owcp/energy/regs/compliance/weeklystats.htm Program statistics by state and worksite available at: http://www.dol.gov/owcp/energy/regs/compliance/statistics/Statistics.htm Program statistics updated daily 19

  21. District Office Jurisdictional Map

  22. Ombudsman The Office of the Ombudsman was created in 2004. We are an independent office located within the Department of Labor. We are not an advocate for individual claimants; and We do not make decisions on claims

  23. EEOICP Ombudsman Duties As an Independent Office we: Provide information on the benefits available under EEOICPA and the requirements and procedures applicable to the provisions of EEOICPA Part B and Part E; Make recommendations to the Secretary regarding the location of “resource centers” for the acceptance and development of claims for benefits under EEOICPA; and Carry out other duties as the Secretary shall specify.

  24. Ombudsman’s Duties We Submit an Annual Report to Congress by February 15th each year, providing: The number and types of complaints, grievances and requests for assistance received by the Ombudsman during the preceding year; and An assessment of the most common difficulties encountered by claimants and potential claimants during the preceding year.

  25. Ombudsman Duties We Conduct Outreach: Conduct Town Hall Meeting Ombudsman Meetings Joint Meetings (NIOSH/FWP/DEEOICP) Develop Brochures/Handouts Web Page We Provide Assistance: Receive calls and requests from claimants pertaining to complaints, problems or concerns about the program Explain program requirements, eligibility, and benefits Provide suggestions

  26. Ombudsman’s Duties 2010 Ombudsman’s Annual Report to Congress is currently on our website: www.dol.gov/eeombd

  27. Ombudsman Contact Information Mail: U.S. Department of Labor Office of the Ombudsman, 200 Constitution Avenue, NW, Room N2454 Washington, D.C. 20210 Toll Free: 1-877-662-8363 Email:ombudsman@dol.gov Website:www.dol.gov/eeombd

  28. Department of Energy Former Worker Medical Screening Program (FWP) and Responsibilities under EEOICPA

  29. Argonne & Fermi National Laboratories Argonne and Fermi former worker beryllium surveillance began in 2001 - Oak Ridge Associated Universities, Beryllium Medical Surveillance Program - screened former workers until 2005

  30. Beryllium Medical Surveillance findings 162 former Argonne/Fermi workers screened 7 sensitized (>2 abnormal BeLPTs) 4 single abnormal BeLPTs 6 borderline BeLPTs 1 Chronic Beryllium Disease case Argonne & Fermi National Laboratories

  31. National SupplementalScreening Program (NSSP) NSSP Outreach - Beryllium Surveillance roster - Argonne & Fermi rosters notification letter mailings - Word of mouth Medical screenings began in 2006

  32. Argonne & Fermi National LaboratoriesNSSP Findings, 2006-present 266 initial medical screening exams 16.2% - suspect asbestos-related disease 0.0% - suspect silicosis 3.4% - 1 abnormal BeLPT 1.5% - 2 abnormal BeLPTs 47.7% - noise-induced hearing loss

  33. Contact & Enrollment Information: 1-866-812-6703 (toll-free) www.orau.org/nssp National SupplementalScreening Program

  34. Questions?