Energy Employees Energy Employees Occupational Occupational

Illness Compensation Illness Compensation ProgramProgram

Town Hall Meeting Town Hall Meeting Feed Materials Production Center (FMPC) Feed Materials Production Center (FMPC)

Hamilton, Ohio Hamilton, Ohio September 25, 2012September 25, 2012

2

Administration of the Administration of the EEOICPAEEOICPA

Part BPart B (October 2000) (October 2000)

Part E Part E (October 2004)(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 Department of Health and Human

Services (HHS)Services (HHS) Department of Justice (DOJ)Department of Justice (DOJ)

3

Part B: Who’s Eligible?Part B: Who’s Eligible? Covered EmployeesCovered Employees

DOE employees or its DOE employees or its contractors/subcontractocontractors/subcontractorsrs

Atomic Weapons Atomic Weapons Employers (AWE)Employers (AWE)

Eligible SurvivorsEligible Survivors

Surviving spouse Surviving spouse Children – Regardless of age Children – Regardless of age ParentsParents

Beryllium vendors Beryllium vendors (BV)(BV)

RECA Section 5 RECA Section 5 awardeesawardees

Grandchildren Grandchildren GrandparentsGrandparents

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Means of Verifying Means of Verifying EmploymentEmployment

DOEDOE EE-5 Employment Verification FormEE-5 Employment Verification Form

Oak Ridge Institute for Science and Oak Ridge Institute for Science and Education (ORISE)Education (ORISE)

The Center for Construction Research The Center for Construction Research and Training (CPWR)and Training (CPWR)

Corporate Verifiers Corporate Verifiers SSA wage data SSA wage data Other SourcesOther Sources

Including affidavits and records or Including affidavits and records or documents created by state and federal documents created by state and federal agenciesagencies

5

Part B: Covered Part B: Covered ConditionsConditions

Radiation induced cancer Radiation induced cancer Special Exposure CohortSpecial Exposure Cohort Probability of Causation Probability of Causation

Beryllium DiseaseBeryllium Disease Silicosis (for miners in Nevada Silicosis (for miners in Nevada

and Alaska)and Alaska) ““Supplement” for RECA Supplement” for RECA

Section 5 uranium workersSection 5 uranium workers

6

Part B: Radiation Part B: Radiation Induced CancerInduced Cancer

Causation Causation Dose ReconstructionDose Reconstruction

Conducted by NIOSHConducted by NIOSH Level and extent of occupational Level and extent of occupational

radiation dose radiation dose

Probability of Causation (PoC)Probability of Causation (PoC) Scientific calculation of likelihood that Scientific calculation of likelihood that

radiation exposure caused cancerradiation exposure caused cancer NIOSH-IREPNIOSH-IREP PoC - 50% or greater for award PoC - 50% or greater for award

7

Part B: Special Exposure Part B: Special Exposure CohortCohort

Causation presumed for Special Causation presumed for Special Exposure Cohort (SEC) members Exposure Cohort (SEC) members diagnosed with a “specified cancer”diagnosed with a “specified cancer” NIOSH Dose Reconstruction is not neededNIOSH Dose Reconstruction is not needed

““Specified” Cancer Specified” Cancer 22 cancers 22 cancers named in lawnamed in law

8

Part B: Adding New SEC Part B: Adding New SEC ClassesClasses

NIOSH designates new SEC classes NIOSH designates new SEC classes Worker Petition or Agency Decision Worker Petition or Agency Decision Advisory Board AssistanceAdvisory Board Assistance 4 statutory SEC classes (3 GDPs + 4 statutory SEC classes (3 GDPs +

Amchitka)Amchitka) As of September 22, 2012, HHS has As of September 22, 2012, HHS has

designated 94 additional SEC classes designated 94 additional SEC classes

DOL administers SEC cases DOL administers SEC cases No role in designation No role in designation

9

Feed Materials Production Feed Materials Production Center (FMPC) SEC Class:Center (FMPC) SEC Class:

SEC Class – Effective July 27, 2012SEC Class – Effective July 27, 2012

Qualifying Employment: Qualifying Employment: DOE employees (or employees of DOE employees (or employees of

predecessor agency – AEC) predecessor agency – AEC) DOE contractors and subcontractors DOE contractors and subcontractors

Worked at the FMPC in Fernald, Worked at the FMPC in Fernald, OhioOhio 250 workdays from January 1, 1968 250 workdays from January 1, 1968

through December 31, 1978through December 31, 1978

1010

FMPC SEC Claim ReviewFMPC SEC Claim Review Claims reviewed for SEC inclusion: Claims reviewed for SEC inclusion:

Pending dose reconstruction at time of Pending dose reconstruction at time of SEC class SEC class

Previously denied for POC <50%Previously denied for POC <50%

Potentially affected cases identified Potentially affected cases identified – tracked to resolution – tracked to resolution

Goals for each new SEC class to Goals for each new SEC class to prioritize SEC acceptance prioritize SEC acceptance

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Part E: Who’s Eligible?Part E: Who’s Eligible? Eligible Covered EmployeesEligible Covered Employees

DOE contractor or subcontractor employees DOE contractor or subcontractor employees Does NOT include DOE, AWE, and BV workers Does NOT include DOE, AWE, and BV workers

Eligible SurvivorsEligible Survivors Surviving Spouse Surviving Spouse Employee’s Children, if no surviving spouse, and if at Employee’s Children, if no surviving spouse, and if at

the time of the employee’s death the child was:the time of the employee’s death the child was: Under the age of 18Under the age of 18 Under the age of 23 and a full-time student, Under the age of 23 and a full-time student,

continuously enrolled in an educational institution continuously enrolled in an educational institution since age 18since age 18

Any age if medically incapable of self support Any age if medically incapable of self support

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FMPC ContractorsFMPC Contractors

Contractors: Contractors: National Lead of Ohio (1951 – 1985)National Lead of Ohio (1951 – 1985) Westinghouse (1985 – 1992)Westinghouse (1985 – 1992) Fluor Fernald (1992 – present)Fluor Fernald (1992 – present)

DOE covered facility from 1951 DOE covered facility from 1951 through the present through the present

13

Part E: Illness from Toxic Part E: Illness from Toxic Exposure Exposure

All conditions (not symptoms of All conditions (not symptoms of conditions) are covered conditions) are covered

Must show that toxic exposure at a covered Must show that toxic exposure at a covered DOE facility was a significant factor in DOE facility was a significant factor in

Causing, Contributing to, or Aggravating the Causing, Contributing to, or Aggravating the claimed condition claimed condition

DOL will assist with verifying Part E toxic DOL will assist with verifying Part E toxic exposure exposure

Claimant bears overall burden of proving his or Claimant bears overall burden of proving his or her claim.her claim.

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Part E: Means of VerifyingPart E: Means of Verifying Toxic Exposure 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 Identifies toxic substances related to labor

categories, processes, buildings, and major categories, processes, buildings, and major incidents incidents

Website available at Website available at www.sem.dol.gov DOE Document Acquisition Request DOE Document Acquisition Request

(DAR)(DAR) Claimant RecordsClaimant Records

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Part E: Employee Impairment Part E: Employee Impairment Determination of % permanent Determination of % permanent

whole person impairment due to whole person impairment due to covered illness covered illness

AMA’s Guides to the Evaluation of AMA’s Guides to the Evaluation of Permanent Impairment, 5Permanent Impairment, 5thth Edition Edition

$2,500 awarded for each % of $2,500 awarded for each % of impairmentimpairment

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Part E: Employee Wage Loss Part E: Employee Wage Loss Medical evidence must show Medical evidence must show

decreased capacity to work decreased capacity to work

Employee Compensation:Employee Compensation:

Any year <50% of the pre-disability Any year <50% of the pre-disability annual wage = $15,000 compensation annual wage = $15,000 compensation

Any year > 50% but <75% of the pre-Any year > 50% but <75% of the pre-disability annual wage = $10,000 disability annual wage = $10,000 compensationcompensation

1717

BenefitsBenefitsPart BPart B Part EPart E

$150,000 Employee $150,000 Employee + Survivor+ Survivor

Impairment $2,500 Impairment $2,500 per % (Employee)per % (Employee)

$50,000 RECA $50,000 RECA Employee + Employee + SurvivorSurvivor

Wage Loss $10,000 Wage Loss $10,000 -$15,000 per year -$15,000 per year (Employee)(Employee)

$125,000 Survivor $125,000 Survivor (+ lump-sum Wage (+ lump-sum Wage Loss if eligible)Loss if eligible)

$400,000 CAP for B+E combined$400,000 CAP for B+E combined

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Decision Process Decision Process Recommended Decision – District Office Recommended Decision – District Office

Preliminary determination Preliminary determination Cover letter, decision, and rights to object Cover letter, decision, and rights to object

(oral hearing/review of written record)(oral hearing/review of written record) Final Decision – Final Adjudication Final Decision – Final Adjudication

Branch (FAB)Branch (FAB) Affirmation of recommend decision or Affirmation of recommend decision or

remand based on objection/independent remand based on objection/independent review review

Claimant Rights – Reconsideration & Claimant Rights – Reconsideration & ReopeningReopening

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Claimant Responsibilities Claimant Responsibilities File Claim File Claim Collect/Copy/Submit relevant Collect/Copy/Submit relevant

records 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 – Seek assistance if you need help –

call Resource Center call Resource Center Review decision and information Review decision and information

for appeal for appeal

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Claimant ResourcesClaimant Resources Resource Centers – 11 locationsResource Centers – 11 locations

Portsmouth Resource Center toll free number: Portsmouth Resource Center toll free number: (866) 363-6993(866) 363-6993

District Offices – 4 locations District Offices – 4 locations Cleveland District Office toll free number: (888) Cleveland District Office toll free number: (888)

859-7211859-7211 DEEOIC web siteDEEOIC web site

http://www.dol.gov/owcp/energy/http://www.dol.gov/owcp/energy/ General program informationGeneral program information SEM website SEM website FormsForms Sample decisionsSample decisions

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Ohio Ohio 34 Covered Facilities are located in 34 Covered Facilities are located in

Ohio Ohio Hamilton: Herring-Hall Marvin Safe. Co. Hamilton: Herring-Hall Marvin Safe. Co. Cincinnati: Cincinnati:

Cincinnati Milling Machine Co. Cincinnati Milling Machine Co. General Electric Co. (Ohio)General Electric Co. (Ohio) Kettering Lab., University of Cincinnati Kettering Lab., University of Cincinnati Magnus Brass Co. Magnus Brass Co. Mitchell Steel Co. Mitchell Steel Co. R. W. Leblond Machine Tool Co. R. W. Leblond Machine Tool Co.

A complete list of all covered facilities can be A complete list of all covered facilities can be found at: found at: http://www.hss.energy.gov/healthsafety/fwsp/http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist/findfacility.cfmadvocacy/faclist/findfacility.cfm

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EEOICPA CompensationEEOICPA Compensation

$8.5 Billion Total $8.5 Billion Total Compensation Compensation

$4.58 Billion Part B$4.58 Billion Part B

$2.71 Billion Part E$2.71 Billion Part E

$1.23 Billion $1.23 Billion Medical Medical

Data as of September 16, 2012

PART E32%

MEDICAL14%

PART B54%

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Feed Materials Feed Materials Production Center Production Center

(FMPC)(FMPC) $152.8 Million Total $152.8 Million Total

Compensation Compensation

$79.6 Million Part B$79.6 Million Part B

$56.6 Million Part E$56.6 Million Part E

$16.6 Million $16.6 Million Medical Medical

Data as of September 16, 2012

Part E 37%

Medical 11%

PART B52%

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District Office Jurisdictional District Office Jurisdictional MapMap

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Questions?Questions?