2. Energy Employees OccupationalEnergy Employees Occupational
Illness Compensation ProgramIllness Compensation Program
Town Hall MeetingTown Hall Meeting
Rocky Flats Plant
Denver, ColoradoDenver, Colorado
February 19, 2014February 19, 2014
3. 3
Administration of the EEOICPAAdministration of the EEOICPA
Part BPart B (October 2000)(October 2000)
Part EPart E (October 2004)(October 2004)
Agencies:Agencies:
Department of Labor (DOL)Department of Labor (DOL)
Department of Energy (DOE)Department of Energy (DOE)
Department of Health and Human Services (HHS)Department of Health and Human Services (HHS)
Department of Justice (DOJ)Department of Justice (DOJ)
4. 4
Part B: Who’s Eligible?Part B: Who’s Eligible?
Covered EmployeesCovered Employees
DOE employees or itsDOE employees or its
contractors/subcontractorscontractors/subcontractors
Atomic Weapons EmployersAtomic Weapons Employers
(AWE)(AWE)
Eligible SurvivorsEligible Survivors
Surviving spouseSurviving spouse
Children – Regardless of ageChildren – Regardless of age
ParentsParents
Beryllium vendors (BV)Beryllium vendors (BV)
RECA Section 5 awardeesRECA Section 5 awardees
GrandchildrenGrandchildren
GrandparentsGrandparents
5. 5
Part B: Covered ConditionsPart B: Covered Conditions
Radiation induced cancerRadiation induced cancer
Special Exposure CohortSpecial Exposure Cohort
Probability of CausationProbability of Causation
Beryllium DiseaseBeryllium Disease
Silicosis (for miners in Nevada andSilicosis (for miners in Nevada and
Alaska)Alaska)
““Supplement” for RECA Section 5Supplement” for RECA Section 5
uranium workersuranium workers
6. 66
Means of Verifying EmploymentMeans of Verifying Employment
DOEDOE
EE-5 Employment Verification FormEE-5 Employment Verification Form
Oak Ridge Institute for Science and EducationOak Ridge Institute for Science and Education
(ORISE)(ORISE)
The Center for Construction Research andThe Center for Construction Research and
Training (CPWR)Training (CPWR)
Corporate VerifiersCorporate Verifiers
SSA wage dataSSA wage data
Other SourcesOther Sources
Including affidavits and records or documents createdIncluding affidavits and records or documents created
by state and federal agenciesby state and federal agencies
7. 7
Part B: Radiation Induced CancerPart B: Radiation Induced Cancer
CausationCausation
Dose ReconstructionDose Reconstruction
Conducted by NIOSHConducted by NIOSH
Level and extent of occupational radiation doseLevel and extent of occupational radiation dose
Probability of Causation (PoC)Probability of Causation (PoC)
Scientific calculation of likelihood that radiationScientific calculation of likelihood that radiation
exposure caused cancerexposure caused cancer
NIOSH-IREPNIOSH-IREP
PoC - 50% or greater for awardPoC - 50% or greater for award
8. 8
Part B: Special Exposure CohortPart B: Special Exposure Cohort
Causation presumed for Special Exposure CohortCausation presumed for Special Exposure Cohort
(SEC) members diagnosed with a “specified(SEC) members diagnosed with a “specified
cancer”cancer”
NIOSH Dose Reconstruction is not neededNIOSH Dose Reconstruction is not needed
““Specified” CancerSpecified” Cancer
22 cancers22 cancers named in lawnamed in law
9. 9
Part B: Adding New SEC ClassesPart B: Adding New SEC Classes
NIOSH designates new SEC classesNIOSH designates new SEC classes
Worker Petition or Agency DecisionWorker Petition or Agency Decision
Advisory Board AssistanceAdvisory Board Assistance
4 statutory SEC classes (3 GDPs + Amchitka)4 statutory SEC classes (3 GDPs + Amchitka)
As of February 6, 2014, HHS has designated 107As of February 6, 2014, HHS has designated 107
additional SEC classesadditional SEC classes
DOL administers SEC casesDOL administers SEC cases
No role in designationNo role in designation
10. 10
RFP SEC CLASSES:RFP SEC CLASSES:
There are 3 RFP SEC ClassesThere are 3 RFP SEC Classes
First 2 SEC Classes – Both effective September 5, 2007First 2 SEC Classes – Both effective September 5, 2007
Qualifying Employment:Qualifying Employment:
DOE employees, (or employees of predecessor agency – AEC)DOE employees, (or employees of predecessor agency – AEC)
DOE contractors and subcontractorsDOE contractors and subcontractors
Were monitored or should have been monitored for neutronWere monitored or should have been monitored for neutron
exposuresexposures
Worked at RFP in Golden, ColoradoWorked at RFP in Golden, Colorado
250 workdays from April 1, 1952 through December 31,250 workdays from April 1, 1952 through December 31,
1958 and/or January 1, 1959 through December 31, 19661958 and/or January 1, 1959 through December 31, 1966
11. 11
NEW RFP SEC CLASS:NEW RFP SEC CLASS:
SEC Class – Effective January 11, 2014SEC Class – Effective January 11, 2014
This SEC class subsumes all earlier SEC classesThis SEC class subsumes all earlier SEC classes
Qualifying Employment:Qualifying Employment:
DOE employees, (or employees of predecessor agency – AEC)DOE employees, (or employees of predecessor agency – AEC)
DOE contractors and subcontractorsDOE contractors and subcontractors
Worked at RFP in Golden, ColoradoWorked at RFP in Golden, Colorado
250 workdays from April 1, 1952 through December 31, 1983250 workdays from April 1, 1952 through December 31, 1983
12. 1212
RFP SEC Claim ReviewRFP SEC Claim Review
Claims reviewed for SEC inclusion:Claims reviewed for SEC inclusion:
Pending dose reconstruction at time of SEC classPending dose reconstruction at time of SEC class
Previously denied for POC <50%Previously denied for POC <50%
Potentially affected cases identified – tracked toPotentially affected cases identified – tracked to
resolutionresolution
Of the 302 denied claims potentially affected byOf the 302 denied claims potentially affected by
the new SEC class, 249 have been screened asthe new SEC class, 249 have been screened as
of February 11, 2014of February 11, 2014
Goals for each new SEC class to prioritize SECGoals for each new SEC class to prioritize SEC
acceptanceacceptance
13. 13
Part E: Who’s Eligible?Part E: Who’s Eligible?
Eligible Covered EmployeesEligible Covered Employees
DOE contractor or subcontractor employeesDOE contractor or subcontractor employees
Does NOT include DOE, AWE, and BV workersDoes NOT include DOE, AWE, and BV workers
Eligible SurvivorsEligible Survivors
Surviving SpouseSurviving Spouse
Employee’s Children, if no surviving spouse, and if at the time of theEmployee’s Children, if no surviving spouse, and if at the time of the
employee’s death the child was:employee’s death the child was:
Under the age of 18Under the age of 18
Under the age of 23 and a full-time student, continuously enrolled in anUnder the age of 23 and a full-time student, continuously enrolled in an
educational institution since age 18educational institution since age 18
Any age if medically incapable of self supportAny age if medically incapable of self support
Employee’s cause of death must be related to covered conditionEmployee’s cause of death must be related to covered condition
14. 14
Part E: Illness from Toxic ExposurePart E: Illness from Toxic Exposure
All conditions (not symptoms of conditions) areAll conditions (not symptoms of conditions) are
coveredcovered
Must show that toxic exposure at a covered DOEMust show that toxic exposure at a covered DOE
facility was a significant factor infacility was a significant factor in
Causing, Contributing to, or Aggravating the claimedCausing, Contributing to, or Aggravating the claimed
conditioncondition
DOL will assist with verifying Part E toxic exposureDOL will assist with verifying Part E toxic exposure
Claimant bears overall burden of proving his or her claimClaimant bears overall burden of proving his or her claim
15. 15
Part E: Means of VerifyingPart E: Means of Verifying
Toxic ExposureToxic Exposure
DOL Resource CentersDOL Resource Centers
Occupational History Questionnaires (OHQ)Occupational History Questionnaires (OHQ)
Site Exposure Matrices (SEM)Site Exposure Matrices (SEM)
Identifies toxic substances related to laborIdentifies toxic substances related to labor
categories, processes, buildings, and majorcategories, processes, buildings, and major
incidentsincidents
Website available atWebsite available at www.sem.dol.govwww.sem.dol.gov
DOE Document Acquisition Request (DAR)DOE Document Acquisition Request (DAR)
Claimant RecordsClaimant Records
16. 16
Part E: Employee ImpairmentPart E: Employee Impairment
Determination of % permanent whole personDetermination of % permanent whole person
impairment due to covered illnessimpairment due to covered illness
AMA’s Guides to the Evaluation of PermanentAMA’s Guides to the Evaluation of Permanent
Impairment, 5Impairment, 5thth
EditionEdition
$2,500 awarded for each % of impairment$2,500 awarded for each % of impairment
17. 17
Part E: Employee Wage LossPart E: Employee Wage Loss
Medical evidence must show decreasedMedical evidence must show decreased
capacity to workcapacity to work
Employee Compensation:Employee Compensation:
Any year <50% of the pre-disability annual wage =Any year <50% of the pre-disability annual wage =
$15,000 compensation$15,000 compensation
Any year > 50% but <75% of the pre-disabilityAny year > 50% but <75% of the pre-disability
annual wage = $10,000 compensationannual wage = $10,000 compensation
18. 1818
BenefitsBenefits
Part BPart B Part EPart E
$150,000 Employee +$150,000 Employee +
SurvivorSurvivor
Impairment $2,500 per %Impairment $2,500 per %
(Employee)(Employee)
$50,000 RECA Employee$50,000 RECA Employee
+ Survivor+ Survivor
Wage Loss $10,000 -Wage Loss $10,000 -
$15,000 per year$15,000 per year
(Employee)(Employee)
$125,000 Survivor$125,000 Survivor
(+ lump-sum Wage Loss if(+ lump-sum Wage Loss if
eligible)eligible)
$400,000 CAP for B+E combined$400,000 CAP for B+E combined
19. 19
Decision ProcessDecision Process
Recommended Decision – District OfficeRecommended Decision – District Office
Preliminary determinationPreliminary determination
Cover letter, decision, and rights to object (oralCover letter, decision, and rights to object (oral
hearing/review of written record)hearing/review of written record)
Final Decision – Final Adjudication BranchFinal Decision – Final Adjudication Branch
(FAB)(FAB)
Affirmation of recommended decision or remandAffirmation of recommended decision or remand
based on objection/independent reviewbased on objection/independent review
Claimant Rights – Reconsideration & ReopeningClaimant Rights – Reconsideration & Reopening
20. 20
Claimant ResponsibilitiesClaimant Responsibilities
File ClaimFile Claim
Collect/Copy/Submit relevant recordsCollect/Copy/Submit relevant records
Respond to information requestsRespond to information requests
Talk to co-workers – get affidavitsTalk to co-workers – get affidavits
Seek assistance if you need help – callSeek assistance if you need help – call
Resource CenterResource Center
Review decision and information for appealReview decision and information for appeal
21. 21
Claimant ResourcesClaimant Resources
Resource Centers – 11 locationsResource Centers – 11 locations
Denver Resource Center toll free number: (866) 540-4977Denver Resource Center toll free number: (866) 540-4977
District Offices – 4 locationsDistrict Offices – 4 locations
Denver District Office toll free number: (888) 805-3389Denver District Office toll free number: (888) 805-3389
DEEOIC web siteDEEOIC web site
http://www.dol.gov/owcp/energy/http://www.dol.gov/owcp/energy/
General program informationGeneral program information
SEM websiteSEM website
FormsForms
Sample decisionsSample decisions
22. 22
EEOICPA CompensationEEOICPA Compensation
$10.1 Billion Total$10.1 Billion Total
CompensationCompensation
$5.25 Billion Part B$5.25 Billion Part B
$3.14 Billion Part E$3.14 Billion Part E
$1.78 Billion Medical$1.78 Billion Medical
Data as of February 9, 2014
PART E
32%
MEDICAL
15%
PART B
53%
23. 23
Rocky Flats Plant CompensationRocky Flats Plant Compensation
$304.3 Million Total$304.3 Million Total
CompensationCompensation
$157.5 Million Part B$157.5 Million Part B
$106.2 Million Part E$106.2 Million Part E
$40.6 Million Medical$40.6 Million Medical
Data as of February 9, 2014
Part E
35%
Medical
13%
PART B
52%