Energy Employees Occupational Illness Compensation Program

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

• Emergency Exits
• Rest Rooms
• Photos
• Cell Phones

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Administration of the EEOICPA

• Part B (October 2000)
• Part E (October 2004)
• Agencies
• Department of Labor (DOL)
• Department of Energy (DOE)
• Department of Health and Human Services (HHS)
• National Institute for Occupational Safety and
  Health (NIOSH)
• Department of Justice (DOJ)

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EEOICPA Compensation

• 7.9 Billion Total Compensation
• 4.29 Billion Part B
• 2.56 Billion Part E
• 1.06 Billion Medical

Data as of March 26, 2012
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Savannah River Compensation

• 502.8 Million Total Compensation
• 240.0 Million Part B
• 202.9 Million Part E
• 59.9 Million Medical

Data as of March 26, 2012
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Employee Eligibility
Employed By Part B Part E
DOE Contractors and Subcontractors Yes Yes
DOE Federal Employees Yes No
AWE Employees Yes No
Beryllium Vendors Yes No
RECA Yes Yes
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Covered Conditions
Condition Part B Part E
CBD Yes Yes
Beryllium Sensitivity Medical Monitoring Only Yes
Chronic Silicosis Yes Yes
Cancer Yes Yes
Any condition related to toxic exposure No Yes
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Survivor Definition
Type Part B Part E
Spouse at time of death Yes Yes
Children - under age 18 under age 23 if full-time student or any age if medically incapable of self- support Yes Yes
Adult Children Yes No
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Part B Dose Reconstruction Probability of
Causation

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

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Part B Special Exposure Cohort

• Worker Group Designation
• Presumption occupational radiation caused
  cancer
• Employment
• Worked particular location or specific process
• Work day requirement 250 work days
• Specified Cancer
• 21 cancers named in law

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Part B Adding New SEC Classes

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

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Savannah River SEC ClassEffective March 3, 2012

• Qualifying Employment
• DOE employees (or employees of predecessor agency
  AEC)
• DOE contractors and subcontractors
• 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
• Those areas not within the boundaries of the
  Savannah River Site are not included in the SEC

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Savannah River Site Contractors

• E.I. Du Pont de Nemours and Company
• 1950 1989
• Westinghouse Savannah River Company
• 1989 Present

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Means of Verifying Employment

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

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Savannah River Site Claim Reviews

• Claims reviewed for SEC inclusion
• Pending dose reconstruction at time of SEC class
• Previously denied for POC lt50
• Potentially affected cases identified tracked
  to resolution
• Goals for each new SEC class to prioritize SEC
  acceptance

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Part E Means of Verifying Toxic Exposure

• DOL Resource Centers
• Occupational History Questionnaires (OHQ)
• Site Exposure Matrices (SEM)
• Identifies toxic substances related to labor
  categories, processes, buildings, and major
  incidents
• Website available at www.sem.dol.gov
• DOE Document Acquisition Request (DAR)
• Claimant Records

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Part E Employee Impairment

• Determination of permanent whole person
  impairment due to covered illness
• AMAs Guides to the Evaluation of Permanent
  Impairment, 5th Edition
• 2,500 awarded for each of impairment

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Part E Employee Wage Loss

• Medical evidence must show decreased capacity to
  work
• Employee Compensation
• Any year lt50 of the pre-disability annual wage
  15,000 compensation
• Any year gt 50 but lt75 of the pre-disability
  annual wage 10,000 compensation

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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 BE combined 400,000 CAP for BE combined
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Decision Appeals Process

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

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Claimant Responsibilities

• File Claim
• Collect/Copy/Submit relevant records
• Respond to information requests
• Talk to co-workers get affidavits
• Seek assistance if you need help call Resource
  Center
• Review decision and information for appeal

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Claimant Resources

• Resource Centers 11 locations
• Savannah River Resource Center toll free number
  [phone]
• District Offices 4 locations
• Jacksonville District Office toll free number
  [phone]
• DEEOIC web site
• http//www.dol.gov/owcp/energy/
• General program information
• SEM website
• Forms
• Sample decisions

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Program Statistics

• Program statistics for Part B and Part E
  available at DOLs web site http//www.dol.gov/o
  wcp/energy/regs/compliance/weeklystats.htm
• Program statistics by state and worksite
  available at
• http//www.dol.gov/owcp/energy/regs/compliance/st
  atistics/Statistics.htm
• Program statistics updated daily

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District Office Jurisdictional Map
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Questions?