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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 Brookhaven National Laboratory, Upton, New York July 17, 2012

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

  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. EEOICPA Compensation • $8.2 Billion Total Compensation • $4.46 Billion Part B • $2.66 Billion Part E • $1.16 Billion Medical Data as of July 1, 2012

  5. Brookhaven National Laboratory Compensation • $111.7 Million Total Compensation • $76.1 Million Part B • $33.3 Million Part E • $2.3 Million Medical Data as of July 1, 2012

  6. 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?

  7. 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 uranium workers

  8. Part B: Dose Reconstruction & Probability of Causation • 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

  9. 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

  10. 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 2012, HHS has designated 89 additional SEC classes • DOL administers SEC cases • No role in designation

  11. Brookhaven National Laboratory 2 SEC Classes: • 1st SEC Class - Effective January 9, 2010 • Qualifying Employment: • DOE employees (or employees of predecessor agency – AEC) • DOE contractors and subcontractors • Worked at Brookhaven National Laboratory in Upton, New York • 250 workdays from Jan. 1, 1947 through Dec. 31, 1979

  12. Brookhaven National Laboratory 2 SEC Classes (cont’d): • 2nd SEC Class - Effective June 10, 2012 • Qualifying Employment: • DOE employees (or employees of predecessor agency – AEC) • DOE contractors and subcontractors • Worked at Brookhaven National Laboratory in Upton, New York • 250 workdays from Jan. 1, 1980 through Dec. 31, 1993

  13. Brookhaven National Laboratory Contractors • Associated Universities, Incorporated: • 1947 – 1998 • Brookhaven Science Association (Battelle Memorial Institute and State University of New York at Stony Brook): • 1998 – Present

  14. 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 13

  15. Brookhaven National Lab. Claim Reviews 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 14

  16. 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: Illness from Toxic Exposure

  17. 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

  18. 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

  19. 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

  20. Benefits 19

  21. 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, & District Court

  22. 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

  23. Claimant Resources • Resource Centers – 11 locations • New York Resource Center toll free number: (800) 941-3943 • 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

  24. District Office Jurisdictional Map

  25. Questions?