Energy Employees Occupational Illness Compensation Program Savannah River Site Town Hall Meeting Augusta, Georgia April 17, 2012

1 Administrative Issues Emergency Exits Emergency Exits Rest Rooms Rest Rooms Photos Photos Cell Phones Cell Phones

2 Administration of the EEOICPA Part B (October 2000) Part B (October 2000) Part E (October 2004) Part E (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) National Institute for Occupational Safety and Health (NIOSH) National Institute for Occupational Safety and Health (NIOSH) Department of Justice (DOJ) Department of Justice (DOJ)

3 EEOICPA Compensation $7.9 Billion Total Compensation $7.9 Billion Total Compensation $4.29 Billion Part B $4.29 Billion Part B $2.56 Billion Part E $2.56 Billion Part E $1.06 Billion Medical $1.06 Billion Medical Data as of March 26, 2012

4 Savannah River Compensation $502.8 Million Total Compensation $502.8 Million Total Compensation $240.0 Million Part B $240.0 Million Part B $202.9 Million Part E $202.9 Million Part E $59.9 Million Medical $59.9 Million Medical Data as of March 26, 2012

55 Employee Eligibility Employed By Part B Part E DOE Contractors and Subcontractors YesYes DOE Federal Employees YesNo AWE Employees YesNo Beryllium Vendors YesNo RECAYesYes

66 Covered Conditions Condition Part B Part E CBDYesYes Beryllium Sensitivity Medical Monitoring Only Yes Chronic Silicosis YesYes CancerYesYes Any condition related to toxic exposure NoYes

77 Survivor Definition Type Part B Part E Spouse at time of death YesYes Children - under age 18; under age 23 if full-time student; or any age if medically incapable of self- support YesYes Adult Children YesNo

8 Part B: Dose Reconstruction & Probability of Causation Dose Reconstruction Dose Reconstruction Conducted by NIOSH Conducted by NIOSH Level and extent of occupational radiation dose Level and extent of occupational radiation dose Probability of Causation (PoC) Probability of Causation (PoC) Scientific calculation of likelihood that radiation exposure caused cancer Scientific calculation of likelihood that radiation exposure caused cancer NIOSH-IREP NIOSH-IREP PoC - 50% or greater for award PoC - 50% or greater for award

9 Part B: Special Exposure Cohort Worker Group Designation Worker Group Designation Presumption – occupational radiation caused cancer Presumption – occupational radiation caused 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 21 cancers named in law 21 cancers named in law

10 Part B: Adding New SEC Classes NIOSH designates new SEC classes NIOSH designates new SEC classes Worker Petition or Agency Decision Worker Petition or Agency Decision Advisory Board Assistance Advisory Board Assistance 4 statutory SEC classes (3 GDPs + Amchitka) 4 statutory SEC classes (3 GDPs + Amchitka) As of March 1, 2012, HHS has designated 85 additional SEC classes As of March 1, 2012, HHS has designated 85 additional SEC classes DOL administers SEC cases DOL administers SEC cases No role in designation No role in designation

11 Savannah River SEC Class: Effective March 3, 2012 Qualifying Employment: Qualifying Employment: DOE employees (or employees of predecessor agency – AEC) DOE employees (or employees of predecessor agency – AEC) DOE contractors and subcontractors DOE contractors and subcontractors Worked at Savannah River Site in Aiken, South Carolina, 250 work days from January 1, 1953 through September 30, 1972 Worked at Savannah River Site in Aiken, South Carolina, 250 work days from January 1, 1953 through September 30, 1972 Includes all areas and workers employed at the Savannah River Site Includes all areas and workers employed at the Savannah River Site Those areas not within the boundaries of the Savannah River Site are not included in the SEC Those areas not within the boundaries of the Savannah River Site are not included in the SEC

12 Savannah River Site Contractors E.I. Du Pont de Nemours and Company: E.I. Du Pont de Nemours and Company: 1950 – – 1989 Westinghouse Savannah River Company: Westinghouse Savannah River Company: 1989 – Present 1989 – Present

1313 Means of Verifying Employment DOE DOE EE-5 Employment Verification Form EE-5 Employment Verification Form Oak Ridge Institute for Science and Education (ORISE) Oak Ridge Institute for Science and Education (ORISE) The Center for Construction Research and Training (CPWR) The Center for Construction Research and Training (CPWR) Corporate Verifiers Corporate Verifiers SSA wage data SSA wage data Affidavits Affidavits

14 Savannah River Site Claim Reviews Claims reviewed for SEC inclusion: Claims reviewed for SEC inclusion: Pending dose reconstruction at time of SEC class Pending dose reconstruction at time of SEC class Previously denied for POC <50% Previously denied for POC <50% Potentially affected cases identified – tracked to resolution Potentially affected cases identified – tracked to resolution Goals for each new SEC class to prioritize SEC acceptance Goals for each new SEC class to prioritize SEC acceptance

15 Part E: Means of Verifying Toxic Exposure DOL Resource Centers DOL Resource Centers Occupational History Questionnaires (OHQ) Occupational History Questionnaires (OHQ) Site Exposure Matrices (SEM) Site Exposure Matrices (SEM) Identifies toxic substances related to labor categories, processes, buildings, and major incidents Identifies toxic substances related to labor categories, processes, buildings, and major incidents Website available at Website available at DOE Document Acquisition Request (DAR) DOE Document Acquisition Request (DAR) Claimant Records Claimant Records

16 Part E: Employee Impairment Determination of % permanent whole person impairment due to covered illness Determination of % permanent whole person impairment due to covered illness AMA’s Guides to the Evaluation of Permanent Impairment, 5 th Edition AMA’s Guides to the Evaluation of Permanent Impairment, 5 th Edition $2,500 awarded for each % of impairment $2,500 awarded for each % of impairment

17 Part E: Employee Wage Loss Medical evidence must show decreased capacity to work Medical evidence must show decreased capacity to work Employee Compensation: Employee Compensation: Any year <50% of the pre-disability annual wage = $15,000 compensation Any year <50% of the pre-disability annual wage = $15,000 compensation Any year > 50% but 50% but <75% of the pre-disability annual wage = $10,000 compensation

1818 Benefits Part B Part E $150,000 Employee + Survivor Impairment $2,500 per % (Employee) $50,000 RECA Employee + Survivor Wage Loss $10,000 - $15,000 per year (Employee) $125,000 Survivor $400,000 CAP for B+E combined

1919 Decision & Appeals Process Recommended Decision - District Office Recommended Decision - District Office Preliminary determination Preliminary determination Cover letter, decision, and rights to object (oral hearing/review of written record) Cover letter, decision, and rights to object (oral hearing/review of written record) Final Decision – Final Adjudication Branch (FAB) Final Decision – Final Adjudication Branch (FAB) Affirmation of recommendation or remand based on objection/ independent review Affirmation of recommendation or remand based on objection/ independent review Appeal Rights – Reconsideration, Reopening & District Court Appeal Rights – Reconsideration, Reopening & District Court

20 Claimant Responsibilities File Claim File Claim Collect/Copy/Submit relevant records Collect/Copy/Submit relevant 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 – call Resource Center Seek assistance if you need help – call Resource Center Review decision and information for appeal Review decision and information for appeal

21 Claimant Resources Resource Centers – 11 locations Resource Centers – 11 locations Savannah River Resource Center toll free number: (866) Savannah River Resource Center toll free number: (866) District Offices – 4 locations District Offices – 4 locations Jacksonville District Office toll free number: (877) Jacksonville District Office toll free number: (877) DEEOIC web site DEEOIC web site General program information General program information SEM website SEM website Forms Forms Sample decisions Sample decisions

2222 Program Statistics Program statistics for Part B and Part E available at DOL’s web site: eklystats.htm Program statistics for Part B and Part E available at DOL’s web site: eklystats.htm Program statistics by state and worksite available at: Program statistics by state and worksite available at: tistics/Statistics.htm Program statistics updated daily Program statistics updated daily

23 District Office Jurisdictional Map

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