Energy Employees Energy Employees Occupational Occupational

Illness Compensation Illness Compensation ProgramProgram

Town Hall Meetings Attleboro, Mass & Cromwell, Conn

June 18 - 19, 2014

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Our Mission and the Our Mission and the EEOICPAEEOICPA

The Department of Labor’s Division of The Department of Labor’s Division of Energy Employees Occupational Illness Energy Employees Occupational Illness Compensation has the responsibility for Compensation has the responsibility for administering the Energy Employees administering the Energy Employees Occupational Illness Compensation Occupational Illness Compensation Program Act (EEOICPA). This law was Program Act (EEOICPA). This law was passed to provide compensation and passed to provide compensation and medical benefits to individuals who became medical benefits to individuals who became ill as a result of their employment in the ill as a result of their employment in the atomic weapons industry. These include atomic weapons industry. These include Department of Energy (DOE) employees, Department of Energy (DOE) employees, DOE contractors and subcontractors, DOE contractors and subcontractors, Atomic Weapons Employer employees, Atomic Weapons Employer employees, employees of beryllium vendors, and certain employees of beryllium vendors, and certain beneficiaries of Section 5 of the Radiation beneficiaries of Section 5 of the Radiation Exposure Compensation Act (RECA). Exposure Compensation Act (RECA).

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Administration of the Administration of the EEOICPAEEOICPA

Part BPart B (October 2000) (October 2000) Part E Part E (October 2004)(October 2004)

Agencies:Agencies: Department of Labor (DOL) Department of Labor (DOL)

DOL’s Division of Energy Employees DOL’s Division of Energy Employees Occupational Illness Compensation (DEEOIC) Occupational Illness Compensation (DEEOIC) administers the EEOICPA administers the EEOICPA

Department of Energy (DOE)Department of Energy (DOE) Department of Health and Human ServicesDepartment of Health and Human Services

National Institute for Occupational Safety and National Institute for Occupational Safety and Health (NIOSH) Health (NIOSH)

Department of Justice Department of Justice

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EEOICPA DefinitionsEEOICPA Definitions Atomic Weapons Employer- Atomic Weapons Employer- any entity, other any entity, other

than the United States, that: (1) Processed or than the United States, that: (1) Processed or produced, for use by the United States, produced, for use by the United States, material that emitted radiation and was used material that emitted radiation and was used in the production of an atomic weapon, in the production of an atomic weapon, excluding uranium mining and milling; and excluding uranium mining and milling; and (2) is designated by the Secretary of Energy as (2) is designated by the Secretary of Energy as an Atomic Weapons Employer during a an Atomic Weapons Employer during a designated period for purposes of the designated period for purposes of the EEOICPAEEOICPA

Atomic Weapons Employees- Atomic Weapons Employees- are individuals are individuals employed by an Atomic Weapons Employer employed by an Atomic Weapons Employer during a covered time period, and individuals during a covered time period, and individuals employed at a facility that the National employed at a facility that the National Institute for Occupational Safety and Health Institute for Occupational Safety and Health reported had a potential for significant reported had a potential for significant residual radiation contamination outside of residual radiation contamination outside of the covered period described abovethe covered period described above

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EEOICPA DefinitionsEEOICPA Definitions Department of Energy (DOE) facility- Department of Energy (DOE) facility- means, means,

as determined by the Director of OWCP, any as determined by the Director of OWCP, any building, structure, or premise, including building, structure, or premise, including the grounds upon which such building, the grounds upon which such building, structure, or premise is located, in which structure, or premise is located, in which operations are, or have been, conducted by, operations are, or have been, conducted by, or on behalf of, the DOE, except for or on behalf of, the DOE, except for buildings, structures, premises, grounds, or buildings, structures, premises, grounds, or operations pertaining to the Naval Nuclear operations pertaining to the Naval Nuclear Propulsion Program; and, with regard to Propulsion Program; and, with regard to which the DOE has or had:which the DOE has or had: A propriety interest; or A propriety interest; or Entered into a contract with an entity to Entered into a contract with an entity to

provide management and operation, provide management and operation, management and integration, management and integration, environmental remediation services, environmental remediation services, construction, or maintenance services construction, or maintenance services

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Employee EligibilityEmployee EligibilityEmployed ByEmployed By Part BPart B Part EPart E

DOE DOE Contractors Contractors and and SubcontractoSubcontractorsrs

YesYes YesYes

DOE Federal DOE Federal EmployeesEmployees

YesYes NoNo

AWE AWE EmployeesEmployees

YesYes NoNo

Beryllium Beryllium VendorsVendors

YesYes NoNo

RECARECA YesYes YesYes

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Covered ConditionsCovered ConditionsConditionCondition Part BPart B Part EPart E

CBDCBD YesYes YesYes

Beryllium Beryllium SensitivitySensitivity

Medical Medical Monitoring Monitoring

OnlyOnly

YesYes

Chronic Chronic SilicosisSilicosis

YesYes YesYes

CancerCancer YesYes YesYes

Any Any condition condition related to related to toxic toxic exposureexposure

NoNo YesYes

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Survivor DefinitionSurvivor DefinitionTypeType Part BPart B Part EPart E

Spouse at Spouse at time of time of deathdeath

YesYes YesYes

Children - Children - under age 18; under age 18; under age 23 under age 23 if full-time if full-time student; or student; or any age if any age if medically medically incapable of incapable of self- supportself- support

YesYes YesYes

Adult Adult ChildrenChildren

YesYes NoNo

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BenefitsBenefitsPart BPart B Part EPart E

$150,000 Employee $150,000 Employee + Survivor+ Survivor

Impairment $2,500 Impairment $2,500 per % (Employee)per % (Employee)

$50,000 RECA $50,000 RECA Employee + Employee + SurvivorSurvivor

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 (+ lump-sum Wage Loss if eligible)Loss if eligible)

$400,000 CAP for B+E combined$400,000 CAP for B+E combined

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Means of Verifying Means of Verifying EmploymentEmployment

DOEDOE EE-5 Employment Verification FormEE-5 Employment Verification Form

Oak Ridge Institute for Science and Oak Ridge Institute for Science and Education (ORISE)Education (ORISE)

The Center for Construction Research The Center for Construction Research and Training (CPWR)and Training (CPWR)

Corporate Verifiers Corporate Verifiers SSA wage data SSA wage data Other SourcesOther Sources

Including affidavits and records or Including affidavits and records or documents created by state and federal documents created by state and federal agenciesagencies

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Part B: Dose Part B: Dose Reconstruction & Reconstruction &

Probability of CausationProbability of Causation Part B Cancer Cases and Dose Part B Cancer Cases and Dose

ReconstructionReconstruction Conducted by NIOSHConducted by NIOSH Level and extent of occupational radiation Level and extent of occupational radiation

dose dose

Probability of Causation (PoC)Probability of Causation (PoC) Scientific calculation of likelihood that Scientific calculation of likelihood that

radiation exposure caused cancerradiation exposure caused cancer NIOSH-IREPNIOSH-IREP PoC - 50% or greater for award PoC - 50% or greater for award

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Part B: Special Exposure Part B: Special Exposure Cohort Cohort

Worker Group Designation Worker Group Designation Presumption – occupational radiation caused Presumption – occupational radiation caused

cancer cancer Employment Employment

Worked particular location or specific process Worked particular location or specific process Work day requirement – 250 work days Work day requirement – 250 work days

““Specified” Cancer Specified” Cancer 22 cancers 22 cancers named in lawnamed in law

Employees determined to be part of a Employees determined to be part of a designated SEC class with a “specified designated SEC class with a “specified cancer” do not need a NIOSH dose cancer” do not need a NIOSH dose reconstruction reconstruction

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Part B: Adding New SEC Part B: Adding New SEC ClassesClasses

NIOSH designates new SEC classes NIOSH designates new SEC classes Worker Petition or Agency Decision Worker Petition or Agency Decision Advisory Board AssistanceAdvisory Board Assistance 4 statutory SEC classes (3 GDPs + 4 statutory SEC classes (3 GDPs +

Amchitka)Amchitka) As of June 1, 2014, HHS has designated As of June 1, 2014, HHS has designated

108 additional SEC classes 108 additional SEC classes

DOL administers SEC cases DOL administers SEC cases No role in designation No role in designation

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Mass, Conn, and RI Mass, Conn, and RI Facilities with an SEC Facilities with an SEC

ClassClass Massachusetts has 7Massachusetts has 7

Hood Building, Metals and Controls Corp., Hood Building, Metals and Controls Corp., Norton Co. (2), Nuclear Metals, Inc., Norton Co. (2), Nuclear Metals, Inc., Ventron Corporation, and Winchester Ventron Corporation, and Winchester Engineering and Analytical Center Engineering and Analytical Center

Connecticut has 2Connecticut has 2 Combustion Engineering, and Connecticut Combustion Engineering, and Connecticut

Aircraft Nuclear Engine Laboratory Aircraft Nuclear Engine Laboratory (CANEL) (CANEL)

Rhode Island has 0Rhode Island has 0

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Part E: CausationPart E: Causation Claims developed for exposure to Claims developed for exposure to toxic substancestoxic substances

Causation: “At least as likely as not” that exposure to Causation: “At least as likely as not” that exposure to a toxica toxic

substance at a covered facility during a covered substance at a covered facility during a covered period was a period was a

significant factor in aggravating, contributing to, or significant factor in aggravating, contributing to, or causing causing

the claimed Illness the claimed Illness

Tools:Tools: Occupational History Questionnaire (OHQ)Occupational History Questionnaire (OHQ) Site Exposure Matrices (SEM)Site Exposure Matrices (SEM) DAR recordsDAR records Former Worker Medical Screening Program (FWP) work history Former Worker Medical Screening Program (FWP) work history

interviews interviews The Center for Construction Research & Training (CPWR)The Center for Construction Research & Training (CPWR) DOE Physician Panel Findings DOE Physician Panel Findings Other Sources: Affidavits/facility records Other Sources: Affidavits/facility records

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Site Exposure Matrices Site Exposure Matrices (SEM) Website(SEM) Website

Repository of information regarding toxic Repository of information regarding toxic substances present at DOE and RECA Section substances present at DOE and RECA Section 5 Facilities 5 Facilities

Information gathered from a variety of sources Information gathered from a variety of sources

Expansion completed in April 2014 Expansion completed in April 2014

Also contains information regarding Also contains information regarding scientifically established links between certain scientifically established links between certain toxic substances and certain Illnesses toxic substances and certain Illnesses

Available at Available at http://www.sem.dol.gov

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Part E: Employee Impairment Part E: Employee Impairment

Determination of % permanent Determination of % permanent whole person impairment due to whole person impairment due to covered Illness covered Illness

AMA’s Guides to the Evaluation of AMA’s Guides to the Evaluation of Permanent Impairment, 5Permanent Impairment, 5thth Edition Edition

$2,500 awarded for each % of $2,500 awarded for each % of impairmentimpairment

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Part E: Employee Wage Loss Part E: Employee Wage Loss Medical evidence must show Medical evidence must show

decreased capacity to work decreased capacity to work

Employee Compensation:Employee Compensation:

Any year <50% of the pre-disability Any year <50% of the pre-disability annual wage = $15,000 compensation annual wage = $15,000 compensation

Any year > 50% but <75% of the pre-Any year > 50% but <75% of the pre-disability annual wage = $10,000 disability annual wage = $10,000 compensationcompensation

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Decision & Appeals Decision & Appeals ProcessProcess

Recommended Decision - District Recommended Decision - District OfficeOffice Preliminary determination Preliminary determination Cover letter, decision, and rights to object Cover letter, decision, and rights to object

(oral hearing/review of written record)(oral hearing/review of written record)

Final Decision – Final Adjudication Final Decision – Final Adjudication Branch (FAB)Branch (FAB) Affirmation of recommendation or remand Affirmation of recommendation or remand

based on objection/ independent reviewbased on objection/ independent review Appeal Rights – Reconsideration, Appeal Rights – Reconsideration,

Reopening & District Court Reopening & District Court

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Claimant Responsibilities Claimant Responsibilities

File Claim File Claim Collect/Copy/Submit relevant Collect/Copy/Submit relevant

records records Respond to information requests Respond to information requests Talk to co-workers – get affidavits Talk to co-workers – get affidavits Seek assistance if you need help – Seek assistance if you need help –

call Resource Center call Resource Center Review decision and information Review decision and information

for appeal for appeal

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EEOICPA CompensationEEOICPA Compensation

$10.5 Billion Total $10.5 Billion Total Compensation Compensation

$5.38 Billion Part $5.38 Billion Part BB

$3.21 Billion Part E$3.21 Billion Part E

$1.91 Billion $1.91 Billion Medical Medical

Data as of June 1, 2014

PART E31%

MEDICAL18%

PART B51%

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Total Compensation By Total Compensation By StateState

MassachusettsMassachusetts-$65.7 Million -$65.7 Million

ConnecticutConnecticut-$26.8 Million -$26.8 Million

Rhode IslandRhode Island-$11.08 Million -$11.08 Million

Data as of June 1, 2014

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Claimant ResourcesClaimant Resources 11 Resource Centers Nationwide11 Resource Centers Nationwide

New York Resource Center toll free number: (800) New York Resource Center toll free number: (800) 941-3943941-3943

4 District Offices Nationwide4 District Offices Nationwide Cleveland District Office toll free number: (888) Cleveland District Office toll free number: (888)

859-7211859-7211

DEEOIC WEBSITE- DEEOIC WEBSITE- www.dol.gov/owcp/energy/www.dol.gov/owcp/energy/ General program informationGeneral program information SEM public website SEM public website FormsForms Sample Decisions Sample Decisions

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District Office Jurisdictional Map

Questions?Questions?