Energy Employees Occupational Illness Compensation Program Town Hall Meeting Amarillo, Texas March 2012

1 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)

2 EEOICPA Compensation $7.8 Billion Total Compensation $7.8 Billion Total Compensation $4.25 Billion Part B $4.25 Billion Part B $2.55 Billion Part E $2.55 Billion Part E $1 Billion Medical $1 Billion Medical Data as of March 04, 2012

3 Pantex Plant Compensation $47.6 Million Total Compensation $47.6 Million Total Compensation $21.9 Million Part B $21.9 Million Part B $17.2 Million Part E $17.2 Million Part E $8.5 Million Medical $8.5 Million Medical Data as of March 04, 2012

4 Part B: Who’s Eligible? Covered Employees Covered Employees DOE employees or its contractors/subcontractors DOE employees or its contractors/subcontractors Atomic Weapons Employers (AWE) Atomic Weapons Employers (AWE) Eligible Survivors Eligible Survivors Surviving spouse Surviving spouse Children – Regardless of age Children – Regardless of age Parents Parents Beryllium vendors (BV) RECA Section 5 awardees Grandchildren Grandparents

5 Part B: Covered Conditions Radiation induced cancer Radiation induced cancer Special Exposure Cohort (SEC) Special Exposure Cohort (SEC) Probability of Causation (PoC) Probability of Causation (PoC) Beryllium Disease Beryllium Disease Chronic Silicosis (for miners in Nevada and Alaska) Chronic Silicosis (for miners in Nevada and Alaska) “Supplement” for RECA Section 5 awardees “Supplement” for RECA Section 5 awardees

6 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

7 Part B: Special Exposure Cohort HHS Designation HHS 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 22 cancers named in law 22 cancers named in law

8 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 4, 2012, HHS has designated 85 additional SEC classes As of March 4, 2012, HHS has designated 85 additional SEC classes DOL administers SEC cases DOL administers SEC cases No role in designation No role in designation

9 Pantex Plant SEC Class: Effective January 20, 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 the Pantex Plant in Amarillo, Texas, 250 work days from January 1, 1958 through December 31, 1983 Worked at the Pantex Plant in Amarillo, Texas, 250 work days from January 1, 1958 through December 31, 1983 Includes all areas and workers employed at the Pantex Plant Includes all areas and workers employed at the Pantex Plant The 250 work day calculation includes time spent at the Pantex Plant from January 1, 1958 through December 31, 1983, combined with work days within the parameters established for one or more other classes of employees included in the SEC. The 250 work day calculation includes time spent at the Pantex Plant from January 1, 1958 through December 31, 1983, combined with work days within the parameters established for one or more other classes of employees included in the SEC.

10 Pantex Plant Operations Designated DOE facility Designated DOE facility DOE Operations DOE Operations Contractors Contractors Proctor & Gamble (1951 – 1956) Proctor & Gamble (1951 – 1956) Mason & Hanger-Silas Mason (1956 – 2000) Mason & Hanger-Silas Mason (1956 – 2000) BWXT Pantex (2001 – Present) BWXT Pantex (2001 – Present)

11 Employment Verification DOL Assistance – establishing qualifying employment at the Pantex Plant DOL Assistance – establishing qualifying employment at the Pantex Plant DOE/corporate records – employment/medical DOE/corporate records – employment/medical SSA earnings statements SSA earnings statements Center for Construction Research and Training (formerly CPWR) – union records search Center for Construction Research and Training (formerly CPWR) – union records search Subcontractor database Subcontractor database

12 Pantex 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

13 Part E: Illness from Toxic Exposure Eligible Covered Employees Eligible Covered Employees DOE contractor or subcontractor employees DOE contractor or subcontractor employees Does NOT include AWE and BV workers Does NOT include AWE and BV workers Eligible Survivors Eligible Survivors Surviving Spouse Surviving Spouse Employee’s Children, if no surviving spouse, and if at the time of the employee’s death the child was: Employee’s Children, if no surviving spouse, and if at the time of the employee’s death the child was: Under the age of 18 Under the age of 18 Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18 Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18 Any age if incapable of self support Any age if incapable of self support

14 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

15 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

16 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

17Benefits Part B Part E $150,000 $2,500 per % Impairment $50,000 RECA Annual Wage Loss $10,000-$15,000 $125,000 – $175,000 Survivor Medical Care for Accepted Condition (s)

18 Decision 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 recommended decision or remand based on objection/independent review Affirmation of recommended decision or remand based on objection/independent review Claimant Rights – Reconsideration, Reopening, & District Court Claimant Rights – Reconsideration, Reopening, & District Court

19 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

20 Claimant Resources Resource Centers – 11 locations Resource Centers – 11 locations Espanola Resource Center toll free number: (866) Espanola Resource Center toll free number: (866) District Offices – 4 locations District Offices – 4 locations Denver District Office toll free number: (888) Denver District Office toll free number: (888) DEEOIC web site DEEOIC web site General program information General program information SEM website SEM website Forms Forms Sample decisions Sample decisions

21 District Office Jurisdictional Map

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