Energy Employees Occupational Illness Compensation Program

1. Energy Employees Occupational Illness Compensation Program September 2009

2. Mission of EEOICPA To deliver benefits to eligible employees and former employees of the Department of Energy (DOE), its contractors and subcontractors or to certain survivors of such individuals, as provided in the EEOICPA. The mission also includes delivering benefits to certain beneficiaries of Section 5 of the Radiation Exposure Compensation Act (RECA).

3. Background of EEOICPA • Part B – became effective July 31, 2001 • Part E – became effective October 28, 2004; created to replace Part D Program • Agencies • Department of Labor (DOL) • Department of Energy (DOE) • Department of Health & Human Services (HHS) • Department of Justice (DOJ)

4. EEOICPA COMPENSATION • $5 Billion Total Compensation • $3 Billion Part B • $1.65 Billion Part E • $350 Million Medical Data as of July 27, 2009

5. A Quick Look at Part B • Radiation induced cancer • “Special Exposure Cohort” • Beryllium Disease • Silicosis (for miners in Nevada and Alaska) • “Supplement” for RECA uranium workers

6. Part B: Who’s Eligible? • DOE employees (Feds) • DOE contractors/subcontractors • Atomic Weapons Employers (AWE) • Beryllium vendors (BV) • Certain survivors of deceased workers • RECA Section 5 uranium workers

7. Part B: Who’s Eligible? (cont’d) • Presumptive coverage for workers with 22 specified cancers at SPECIAL EXPOSURE COHORT (SEC) sites • Four legislated – 3 Gaseous Diffusion Plants, plus Amchitka • 44 SEC classes added by HHS so far

8. Under Part B Eligible Survivors (at time of compensation payment): • Spouse – married to covered employee for at least one year immediately prior to death • Children (if there is no surviving spouse) • Parents (when there is no surviving spouse or child) • Grandchildren (when there are no preceding survivors) • Grandparents (when there are no preceding survivors)

9. Basic Part B Claim Criteria – Employment • DOE Employee • DOE Contractor or Subcontractor • Beryllium Vendors • Atomic Weapons Employer • Approved Section 5 RECA claims

10. Basic Part B Claim Criteria – Medical Illnesses • Any malignant cancer (at least as likely as not caused by radiation exposure) • Chronic Beryllium Disease • Chronic Silicosis (only for employees who worked during the mining of atomic weapon test tunnels in Nevada or Alaska) • Beryllium Sensitivity

11. Basic Part B Claim Criteria – Burden of Proof • Claimant carries the burden to prove the elements of the claim • DOL will assist in collection of evidence, i.e. medical documentation, employment & exposure records

12. Part B Benefits • $150,000 lump sum compensation payment • Medical benefits for covered conditions • Medical treatment and monitoring only for beryllium sensitivity

13. Uranium Worker Part B Benefits under the EEOICPA • DOL verifies RECA Section 5 award with the DOJ to determine coverage and compensation • Section 5 awardees from DOJ receive $50,000 and medical benefits under Part B of the EEOICPA

14. A Quick Look at Part E • Any occupational illness with causal relationship to toxic substance/chemical supported by well reasoned and rationalized medical evidence • DOE contractor/subcontractor or worker at RECA Section 5 facility • Certain survivors of deceased workers; eligible spouse; if no spouse, eligible child • Available compensation based on permanent impairment, years of eligible wage loss, medical care for covered conditions, and for survivors, if employee’s death caused, contributed to, or aggravated by covered illness

15. Part E: Who’s Eligible? • DOE contractors and subcontractors • Does NOT include AWE, BV workers • EXCEPTION: if AWE/BV is designated as a DOE contractor for remediation, and the employee worked on the remediation • Eligible survivors

16. Part E Eligible Survivors (at time of employee’s death) • Spouse – married to covered employee for at least one year immediately prior to death • Covered Child – if no surviving spouse, a child is eligible for compensation 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, or • Any age, if incapable of self support

17. Basic Part E Claim Criteria Employment: • Proof of Section 5 employment (uranium mining, uranium milling, or ore transporting) at a Section 5 facility (uranium mine or uranium mill), and exposure to a toxic substance Medical: • Diagnosed illness, e.g. asbestosis, cancer, dermatitis, asthma, etc.

18. Basic Part E Claim Criteria cont’d Proof of Survivorship Eligibility: • i.e. Marriage Certificate, Birth Certificate Burden of Proof: • Claimant carries the burden to prove the elements of the claim • DOL will assist in collection of evidence, i.e. medical documentation, employment & exposure records

19. Part E Benefits • $250,000 maximum lump sum compensation payment per covered employee (includes wage loss and/or impairment • $175,000 Maximum survivor benefit • $125,000 standard survivor lump sum compensation benefit • + additional $25,000 or $50,000 for established wage loss • State Workers’ Compensation/Tort offset can be applied • Medical benefits for covered conditions

20. Survivor – Compensation Categories • Category 1 – employee death was caused, contributed to, or aggravated by toxic exposure • Category 2 – Category 1 plus employee had 10 years- 19 years wage loss due to covered illness • Category 3 – Category 1 plus employee had 20 years or more wage loss due to covered illness

21. Section 5 Uranium Workers and Part E of the EEOICPA • Part E expands eligibility for Section 5 uranium workers (uranium miners, millers, and ore transporters) and their eligible survivors • Treated same as covered DOE contractor/subcontractor employees and eligible for same benefits • An award under Section 5 of RECA administered by DOJ is NOT required for consideration under Part E of the EEOICPA

22. Means of Verifying Exposure • DOL Resource Centers • Occupational History Questionnaires (OHQ) • DOE Document Acquisition Request (DAR) • Former Worker Protection Records (FWP) • Claimant Records

23. Means of Verifying Exposure cont’d Site Exposure Matrices (SEM) • Identifies toxic substances related to labor categories, processes, buildings, and major incidents • Designed to assist with exposure evaluation and houses exposure information for uranium sites • 4,170 Uranium Mines • 48 Uranium Mills • 17 Ore Buying Stations • A version of the SEM database is available to the public on the DEEOIC website at http://www.sem.dol.gov/

24. Proving Causation Under Part E of the EEOICPA • “At least as likely as not” that exposure to a toxic substance (including radiation) at a Section 5 facility (uranium mine or uranium mill) was a significant factor in causing, contributing to, or aggravating the worker’s illness • Automatic establishment of causation for the condition • Part B condition accepted by DOL • For survivor claims, causation between covered condition and death must also be established

25. Part E: Impairment • Determination of % of permanent whole body impairment due to covered illness • Impairment rating performed at maximum medical improvement (MMI) • Well-stabilized and unlikely to improve with medical treatment • Covered illness in terminal stage prior to MMI • DOL proceeds to determine impairment rating • Standard Applied – 5th Edit. AMA’s Guides to the Evaluation of Permanent Impairment • Decreased function in a body part or organ established by medical evidence • Claimant may request re-evaluation every two years or upon acceptance of new illness • $2,500 awarded for each percentage point of impairment

26. Impairment Rating Procedures • Options For Getting Impairment Rating: • Option 1- Physician of the employee’s choice OR • Option 2- DOL gathers appropriate tests and has a qualified physician complete an impairment evaluation based on the medical records • Criteria for Physician Selection: • Trained and certified to perform impairment ratings using the AMA’s Guides to the Evaluation of Permanent Impairment, or experience using the Guides

27. Part E: Wage Loss • Evidence must show reduced earned wages prior to reaching normal SSA retirement age as a result of a covered illness due to exposure to a toxic substance at a DOE facility or RECA Section 5 facility • Calculations based on evidence from multiple sources including SSA earnings, tax documents, & wage earnings records • Earnings adjusted for inflation to determine years qualifying for wage loss award • Claimants may file for additional qualifying years of wage loss 1 year after initial payment • Employee potentially eligible for $10,000 or $15,000 per year in wage loss benefit depending on level of wage loss

28. Issuing Decisions • Recommended decision – issued by the District Office (DO) • Waive objections • File objections • Review of Written Record • Oral Hearing • Final decision – issued by the Final Adjudication Branch (FAB) • Reconsideration within 30 days • Reopening at any time (with new evidence or change in Program) • Federal Court

29. Claimant Resources • Resource Centers – 11 locations • Takes claims and provides customer service • Newly expanded assistance capabilities • District Offices – 4 locations • Toll Free Phone Numbers • DEEOIC Website • General program information • Forms • Sample decisions • SEM Website

30. Program Statistics • For Part B and Part E available at DOL’s web site:http://www.dol.gov/esa/owcp/energy/regs/compliance/weeklystats.htm • By state and worksite available at:http://www.dol.gov/esa/owcp/energy/regs/compliance/statistics/Statistics.htm • Updated daily

32. Resource Center Contact Info

33. District Office Jurisdictional Map

34. District Office Contact Info

35. Questions?