Energy Employees Occupational Illness Compensation Program

1. Energy Employees Occupational Illness Compensation Program Town Hall Meeting Amarillo, Texas March 2012

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 • $7.8 Billion Total Compensation • $4.25 Billion Part B • $2.55 Billion Part E • $1 Billion Medical Data as of March 04, 2012

4. Pantex Plant Compensation • $47.6 Million Total Compensation • $21.9 Million Part B • $17.2 Million Part E • $8.5 Million Medical Data as of March 04, 2012

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 work days • “Specified” Cancer • 22 cancers named in law

9. 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 March 4, 2012, HHS has designated 85 additional SEC classes • DOL administers SEC cases • No role in designation

10. Pantex Plant SEC Class:Effective January 20, 2012 • Qualifying Employment: • DOE employees (or employees of predecessor agency – AEC) • DOE contractors and subcontractors • Worked at the Pantex Plant in Amarillo, Texas, 250 work days from January 1, 1958 through December 31, 1983 • Includes all areas and workers employed at the Pantex Plant • The 250 work day calculation includes time spent at the Pantex Plant from January 1, 1958 through December 31, 1983 , combined with work days within the parameters established for one or more other classes of employees included in the SEC.

11. Pantex Plant Operations • Designated DOE facility • DOE Operations • Contractors • Proctor & Gamble (1951 – 1956) • Mason & Hanger-Silas Mason (1956 – 2000) • BWXT Pantex (2001 – Present)

12. Employment Verification • DOL Assistance – establishing qualifying employment at the Pantex Plant • DOE/corporate records – employment/medical • SSA earnings statements • Center for Construction Research and Training (formerly CPWR) – union records search • Subcontractor database

13. Pantex 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. 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

15. 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

16. 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

17. 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

18. Benefits

19. 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 recommended decision or remand based on objection/independent review • Claimant Rights – Reconsideration, Reopening, & District Court

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. Claimant Resources • Resource Centers – 11 locations • Espanola Resource Center toll free number: (866) 272-3622 • District Offices – 4 locations • Denver District Office toll free number: (888) 805-3389 • DEEOIC web site • http://www.dol.gov/owcp/energy/ • General program information • SEM website • Forms • Sample decisions

22. District Office Jurisdictional Map

24. Questions?