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EEOICPA OFFICE OF THE OMBUDSMAN

EEOICPA OFFICE OF THE OMBUDSMAN. May 23, 2012 Lynchburg, Virginia . Overview of the Office of the Ombudsman Overview of Part B as it applies to Atomic Weapons Employers Overview of Dose Reconstruction and Special Exposure Cohorts Questions and Answers

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EEOICPA OFFICE OF THE OMBUDSMAN

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  1. EEOICPA OFFICE OF THE OMBUDSMAN May 23, 2012 Lynchburg, Virginia

  2. Overview of the Office of the Ombudsman Overview of Part B as it applies to Atomic Weapons Employers Overview of Dose Reconstruction and Special Exposure Cohorts Questions and Answers Opportunity to Meet with Various Representatives Today’s Agenda

  3. Attendees • The Office of the Ombudsman, Energy Employees Occupational Illness Compensation Program • The Division of Energy Employees Occupational Illness Compensation (Washington, DC) • Cleveland District Office – available via telephone to answer questions

  4. Office of the Ombudsman History: • Oct 2000 – Congress creates EEOICPA (Part B and D). • Part B administered by Dept of Labor • Part D administered by Dept of Energy • Oct 2004 - Congress repeals Part D and establishes Part E. • Part E administered by the Dept of Labor • Creates the Office of the Ombudsman • The Office of the Ombudsman is an independent entity within the Dept of Labor.

  5. Office of the Ombudsman Duties: • Provide information on the benefits available under EEOICPA. • Make recommendations regarding the location of resource centers for the acceptance and development of claims. • Submit a report to Congress setting forth: a.) The number and types of complaints, grievances and requests for assistance received during the year, and b.) An assessment of the most common difficulties encountered by claimants during the year.

  6. OFFICE OF THE OMBUDSMAN • Does not make decisions on claims • Cannot make DEEOIC change a decision. • Cannot make Congress revise the Act. • Sets forth (in the annual report to Congress) the number and types of complaints received during the year and provides an assessment of the most common difficulties encountered during the year.

  7. Part B OverviewforAtomic Weapons Employers

  8. Employee Eligibility: DOE Employee DOE Contractor or Subcontractor Beryllium Vendors Atomic Weapons Employer (AWE) Approved Section 5 RECA claims Survivor Eligibility: Eligible Spouse Children Parents Grandchildren Grandparents Part B Eligibility

  9. BWX Technologies is an AWE Atomic weapons employer (AWE) is an entity, other than the United States, that – • Processed or produced, for use by the US, materials that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling, and • Is designated by the Secretary of Energy as an atomic weapons employer for purposes of the compensation program 42 U.S.C. Section7384l (4)

  10. Covered Periods According to the Department of Energy, BWX Technologies was an: • AWE: 1959; 1968-1972 & 1985-2001 • Residual Radiation: 1960-1967; 1973-1984; and 2002-March 1, 2011 • BE: 1995-2001    

  11. Under Part B Atomic Weapons Employees are Covered for: Cancers (that are at least as likely as not, caused by radiation exposure)

  12. Part B Compensation Compensation for Part B cancer claims: • $150,000 (lump sum) • Medical Benefits for the covered illness/condition

  13. Part B Compensation • Dose Reconstruction for Cancer Related Claims • Special Exposure Cohorts

  14. NIOSH RESPONSIBILITIES NIOSH assigned lead role for: • Administration of the radiation dose reconstruction process • Development of probability of causation guidelines • Evaluation of SEC petitions

  15. Radiation Dose Reconstruction • DOL refers cancer claims to NIOSH for a dose reconstruction to determine the Probability of Causation (PoC) that the cancer was caused by an occupational exposure to radiation. • In order to compensate claims filed under Part B of EEOICPA, the PoC must be 50% or greater.

  16. Dose Reconstruction Process Receive Claim from DOL Request Data from DOE and Review Upon Receipt Conduct Interview Conduct Dose Reconstruction CATI Report to Claimant Draft Dose Reconstruction Report to Claimant Closeout Interview Finalize Dose Reconstruction Receive Signed OCAS-1 Final Dose Reconstruction Report to Claimant Send to DOL

  17. Special Exposure Cohort (SEC) If a claimant qualifies for inclusion in a Special Exposure Cohort class, the claimant receives compensation for cancers caused by exposure to radiation without the completion of a radiation dose reconstruction by NIOSH and without a determination by the Dept of Labor of the PoC.

  18. Special Exposure Cohort (SEC) • Congress included certain employees of 4 facilities/sites as SECs. • The President, upon the recommendation of the Advisory Board on Radiation Worker Health designates additional SEC classes. • Compensation can be awarded for 21 (“specified”) cancers, provided that other requirements are met.

  19. SEC’s at BWX Technologies, Inc Two (2) SEC classes at BWX Technologies, Inc: • All Atomic Weapons Employer employees who worked at BWX Technologies, Inc., in Lynchburg, Virginia from January 1, 1959 through December 31, 1959; and/or from January 1, 1968 through December 31, 1972, for a number of work days aggregating at least 250 work days, occurring either solely under this employment, or in combination with work days within the parameters established for one or more other classes of employees in the Special Exposure Cohort. • All Atomic Weapons Employer employees who worked at BWX Technologies, Inc., in Lynchburg, Virginia during the period from January 1, 1985 through November 30, 1994, for a number of work days aggregating at least 250 work days, occurring either solely under this employment, or in combination with work days within the parameters established for one or more other classes of employees included in the Special Exposure Cohort.

  20. 21 Cancers • Bone cancer • Renal cancers • Leukemia (other than chronic lymphocytic leukemia provided that onset was at least 2 years after the first exposure • Lung cancer (other than in situ lung cancer that is discovered during or after a post-mortem exam) Or one of the following diseases, provided that onset was at least 5 years after the first exposure: • Multiple myeloma • Lymphomas (other than Hodgkin’s disease)

  21. 21 Cancers (cont’d) • Primary cancer of the: • Bile ducts • Brain • Male or Female Breast • Colon • Esophagus • Gall bladder • Liver (except if cirrhosis or hepatitis B is indicated) • Ovary • Pancreas • Pharynx • Salivary gland • Small Intestine • Stomach • Thyroid • Urinary bladder

  22. For More Information Contact one of the DOL Resource Centers or a District Office. Oak Ridge Resource Center Jackson Plaza Office Complex 800 Oak Ridge Turnpike, Suite C-103 Oak Ridge, TN 37830 Toll free: (866) 481-0411 or.center@rrohio.com Cleveland District Office U.S. Department of Labor, DEEOIC 1001 Lakeside Avenue, Suite 350 Cleveland, OH 44114 Toll free: (888) 859-7211

  23. Ombudsman Contact Information Mail: U.S. Department of Labor Office of the Ombudsman 200 Constitution Ave., NW, Room N2454 Washington, D.C. 20210 Toll Free: 1-877-662-8363 Email:ombudsman@dol.gov Website:www.dol.gov/eeombd

  24. Questions/Comments

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