Energy Employees Occupational Illness Compensation Program Town Hall Meetings Attleboro, Mass & Cromwell, Conn June , 2014

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

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) DOL’s Division of Energy Employees Occupational Illness Compensation (DEEOIC) administers the EEOICPA DOL’s Division of Energy Employees Occupational Illness Compensation (DEEOIC) administers the EEOICPA Department of Energy (DOE) Department of Energy (DOE) Department of Health and Human Services Department of Health and Human Services National Institute for Occupational Safety and Health (NIOSH) National Institute for Occupational Safety and Health (NIOSH) Department of Justice Department of Justice

3 EEOICPA Definitions Atomic Weapons Employer- any entity, other than the United States, that: (1) Processed or produced, for use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling; and (2) is designated by the Secretary of Energy as an Atomic Weapons Employer during a designated period for purposes of the EEOICPA Atomic Weapons Employer- any entity, other than the United States, that: (1) Processed or produced, for use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling; and (2) is designated by the Secretary of Energy as an Atomic Weapons Employer during a designated period for purposes of the EEOICPA Atomic Weapons Employees- are individuals employed by an Atomic Weapons Employer during a covered time period, and individuals employed at a facility that the National Institute for Occupational Safety and Health reported had a potential for significant residual radiation contamination outside of the covered period described above Atomic Weapons Employees- are individuals employed by an Atomic Weapons Employer during a covered time period, and individuals employed at a facility that the National Institute for Occupational Safety and Health reported had a potential for significant residual radiation contamination outside of the covered period described above

4 EEOICPA Definitions Department of Energy (DOE) facility- means, as determined by the Director of OWCP, any building, structure, or premise, including the grounds upon which such building, structure, or premise is located, in which operations are, or have been, conducted by, or on behalf of, the DOE, except for buildings, structures, premises, grounds, or operations pertaining to the Naval Nuclear Propulsion Program; and, with regard to which the DOE has or had: Department of Energy (DOE) facility- means, as determined by the Director of OWCP, any building, structure, or premise, including the grounds upon which such building, structure, or premise is located, in which operations are, or have been, conducted by, or on behalf of, the DOE, except for buildings, structures, premises, grounds, or operations pertaining to the Naval Nuclear Propulsion Program; and, with regard to which the DOE has or had: A propriety interest; or A propriety interest; or Entered into a contract with an entity to provide management and operation, management and integration, environmental remediation services, construction, or maintenance services Entered into a contract with an entity to provide management and operation, management and integration, environmental remediation services, construction, or maintenance services

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

88 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 (+ lump-sum Wage Loss if eligible) $400,000 CAP for B+E combined

99 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 Other Sources Other Sources Including affidavits and records or documents created by state and federal agencies Including affidavits and records or documents created by state and federal agencies

10 Part B: Dose Reconstruction & Probability of Causation Part B Cancer Cases and Dose Reconstruction Part B Cancer Cases and 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

11 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 22 cancers named in law 22 cancers named in law Employees determined to be part of a designated SEC class with a “specified cancer” do not need a NIOSH dose reconstruction Employees determined to be part of a designated SEC class with a “specified cancer” do not need a NIOSH dose reconstruction

12 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 June 1, 2014, HHS has designated 108 additional SEC classes As of June 1, 2014, HHS has designated 108 additional SEC classes DOL administers SEC cases DOL administers SEC cases No role in designation No role in designation

13 Mass, Conn, and RI Facilities with an SEC Class Massachusetts has 7 Massachusetts has 7 Hood Building, Metals and Controls Corp., Norton Co. (2), Nuclear Metals, Inc., Ventron Corporation, and Winchester Engineering and Analytical Center Hood Building, Metals and Controls Corp., Norton Co. (2), Nuclear Metals, Inc., Ventron Corporation, and Winchester Engineering and Analytical Center Connecticut has 2 Connecticut has 2 Combustion Engineering, and Connecticut Aircraft Nuclear Engine Laboratory (CANEL) Combustion Engineering, and Connecticut Aircraft Nuclear Engine Laboratory (CANEL) Rhode Island has 0 Rhode Island has 0

14 Part E: Causation Claims developed for exposure to toxic substances Claims developed for exposure to toxic substances Causation: “At least as likely as not” that exposure to a toxic Causation: “At least as likely as not” that exposure to a toxic substance at a covered facility during a covered period was a substance at a covered facility during a covered period was a significant factor in aggravating, contributing to, or causing significant factor in aggravating, contributing to, or 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 records DAR records Former Worker Medical Screening Program (FWP) work history interviews Former Worker Medical Screening Program (FWP) work history 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

15 Site Exposure Matrices (SEM) Website Repository of information regarding toxic substances present at DOE and RECA Section 5 Facilities Repository of information regarding toxic substances present at DOE and RECA Section 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 scientifically established links between certain toxic substances and certain Illnesses Also contains information regarding scientifically established links between certain toxic substances and certain Illnesses Available at Available at

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

18 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

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 EEOICPA Compensation $10.5 Billion Total Compensation $10.5 Billion Total Compensation $5.38 Billion Part B $5.38 Billion Part B $3.21 Billion Part E $3.21 Billion Part E $1.91 Billion Medical $1.91 Billion Medical Data as of June 1, 2014

21 Total Compensation By State Massachusetts-$65.7 Million Massachusetts-$65.7 Million Connecticut-$26.8 Million Connecticut-$26.8 Million Rhode Island-$11.08 Million Rhode Island-$11.08 Million Data as of June 1, 2014

22 Claimant Resources 11 Resource Centers Nationwide 11 Resource Centers Nationwide New York Resource Center toll free number: (800) New York Resource Center toll free number: (800) District Offices Nationwide 4 District Offices Nationwide Cleveland District Office toll free number: (888) Cleveland District Office toll free number: (888) DEEOIC WEBSITE- DEEOIC WEBSITE- General program information General program information SEM public website SEM public website Forms Forms Sample Decisions Sample Decisions

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24 District Office Jurisdictional Map

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