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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 Meetings Livermore, California June 29, 2010

  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) • National Institute for Occupational Safety and Health (NIOSH) • Department of Justice (DOJ)

  3. EEOICPA Compensation Nationwide • $5.8 Billion Total Compensation • $3.3 Billion Part B • $2.0 Billion Part E • $513 Million Medical Data as of June 15, 2010

  4. Lawrence Livermore National Laboratory (LLNL) Compensation • $120 Million Total Compensation • $72 Million Part B • $44 Million Part E • $3.875 Medical Data as of June 15, 2010

  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. Part B: Covered Conditions • Radiation induced cancer • Special Exposure Cohort (SEC) • Probability of Causation (PoC) • Beryllium Disease • Chronic Silicosis • For miners in Nevada and Alaska • “Supplement” for RECA Section 5 awardees

  7. 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

  8. Part B: Special Exposure Cohort • HHS Designation • Presumption – occupational radiation caused cancer • Employment • Worked particular location or specific process • Work day requirement – 250 days • “Specified” Cancer • 22 cancers named in the law

  9. Part B: Adding New SEC Classes • NIOSH designates new classes • Worker Petition or Agency Decision • Advisory Board Assistance • 4 statutory SEC classes (3 GDPs + Amchitka) • As of June 1, 2010, HHS has designated 55 additional SEC classes • DOL administers SEC cases • No role in designation

  10. Lawrence Livermore National Laboratory (LLNL) SEC Class • Qualifying Employment: • DOE employee (or employee of predecessor agency – AEC) • DOE contractors and subcontractors • Worked at Lawrence Livermore National Laboratory in Livermore, California • 250 work days between January 1, 1950 through December 31, 1973 • Designation became effective on May 5, 2010

  11. Employment Verification • DOL Assistance – establishing qualifying employment at Lawrence Livermore. • DOE/corporate records – employment/medical • SSA earnings statements • CPWR – Union record search • Subcontractor database

  12. LLNL 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 • District offices screen and prioritize cases affected by new SEC designation

  13. Eligible Covered Employees DOE contractor or subcontractor employees Does NOT include 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 incapable of self support Part E: Illness from Toxic Exposure

  14. 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 • DOE Document Acquisition Request (DAR) • Claimant Records

  15. Part E: 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: Wage Loss • Medical evidence must show decreased capacity to work • Earnings evidence must show wage loss due to the accepted condition • 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. Benefits

  18. 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) • Issues final agency decision or remands claim to district office based on independent review • Claimant Rights – Reconsideration, Reopening, & District Court

  19. 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

  20. Claimant Resources • Resource Centers – 11 locations • California Resource Center toll free number: (866)-606-6302 • 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

  21. District Office Jurisdictional Map

  22. Questions?