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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 Oak Ridge National Laboratory (X-10) Oak Ridge, Tennessee February 13, 2013

  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. EEOICPA Compensation • $9 Billion Total Compensation • $4.80 Billion Part B • $2.83 Billion Part E • $1.37 Billion Medical Data as of February 3, 2013

  4. Oak Ridge National Laboratory (X-10) Compensation • $499.2 Million Total Compensation • $242.9 Million Part B • $165.2 Million Part E • $91.1 Million Medical Data as of February 3, 2013

  5. 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?

  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: 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

  8. 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

  9. 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

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

  11. Oak Ridge National Laboratory (X-10) SEC Class: • SEC Class – Effective January 6, 2013 • Qualifying Employment: • DOE employees (or employees of predecessor agency – AEC) • DOE contractors and subcontractors • Worked at X-10 in Oak Ridge, Tennessee • 250 workdays from June 17, 1943 through July 31, 1955

  12. X-10 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. X-10 Contractors • Contractors: • University of Chicago (1943 – 1945) • Monsanto Chemical (1945 – 1947) • Union Carbide and Carbon Corp. (1948 – 1984) • Martin Marietta Energy Systems (1984 – 1994) • Lockheed Martin Energy Research Corp. (1994 – 1998) • UT Battelle (2000 – present) • DOE covered facility from 1943 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 • Oak Ridge Resource Center toll free number: (866) 481-0411 • District Offices – 4 locations • Jacksonville District Office toll free number: (877) 336-4272 • DEEOIC web site • http://www.dol.gov/owcp/energy/ • General program information • SEM website • Forms • Sample decisions

  23. District Office Jurisdictional Map

  24. Questions?