Energy Employees Occupational Illness Compensation Program Town Hall Meetings Livermore, California June 29, 2010

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 Nationwide $5.8 Billion Total Compensation $5.8 Billion Total Compensation $3.3 Billion Part B $3.3 Billion Part B $2.0 Billion Part E $2.0 Billion Part E $513 Million Medical $513 Million Medical Data as of June 15, 2010

3 Lawrence Livermore National Laboratory (LLNL) Compensation $120 Million Total Compensation $120 Million Total Compensation $72 Million Part B $72 Million Part B $44 Million Part E $44 Million Part E $3.875 Medical $3.875 Medical Data as of June 15, 2010

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 Chronic Silicosis For miners in Nevada and Alaska 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 days Work day requirement – 250 days “Specified” Cancer “Specified” Cancer 22 cancers named in the law 22 cancers named in the law

8 Part B: Adding New SEC Classes NIOSH designates new classes NIOSH designates new 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 June 1, 2010, HHS has designated 55 additional SEC classes As of June 1, 2010, HHS has designated 55 additional SEC classes DOL administers SEC cases DOL administers SEC cases No role in designation No role in designation

9 Lawrence Livermore National Laboratory (LLNL) SEC Class Qualifying Employment: Qualifying Employment: DOE employee (or employee of predecessor agency – AEC) DOE employee (or employee of predecessor agency – AEC) DOE contractors and subcontractors DOE contractors and subcontractors Worked at Lawrence Livermore National Laboratory in Livermore, California Worked at Lawrence Livermore National Laboratory in Livermore, California 250 work days between January 1, 1950 through December 31, work days between January 1, 1950 through December 31, 1973 Designation became effective on May 5, 2010 Designation became effective on May 5, 2010

10 Employment Verification DOL Assistance – establishing qualifying employment at Lawrence Livermore. DOL Assistance – establishing qualifying employment at Lawrence Livermore. DOE/corporate records – employment/medical DOE/corporate records – employment/medical SSA earnings statements SSA earnings statements CPWR – Union record search CPWR – Union record search Subcontractor database Subcontractor database

11 LLNL 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 District offices screen and prioritize cases affected by new SEC designation District offices screen and prioritize cases affected by new SEC designation

12 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

13 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 DOE Document Acquisition Request (DAR) DOE Document Acquisition Request (DAR) Claimant Records Claimant Records

14 Part E: 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

15 Part E: Wage Loss Medical evidence must show decreased capacity to work Medical evidence must show decreased capacity to work Earnings evidence must show wage loss due to the accepted condition Earnings evidence must show wage loss due to the accepted condition 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

16Benefits 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)

17 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) Issues final agency decision or remands claim to district office based on independent review Issues final agency decision or remands claim to district office based on independent review Claimant Rights – Reconsideration, Reopening, & District Court Claimant Rights – Reconsideration, Reopening, & District Court

18 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

19 Claimant Resources Resource Centers – 11 locations Resource Centers – 11 locations California Resource Center toll free number: (866) California Resource Center toll free number: (866) District Offices – 4 locations District Offices – 4 locations Seattle District Office toll free number: (888) Seattle 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

20 District Office Jurisdictional Map

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Questions?