Energy Employees Energy Employees Occupational Occupational

Illness Compensation Illness Compensation ProgramProgram

Town Hall Meeting Town Hall Meeting Oak Ridge National Laboratory (X-10) Oak Ridge National Laboratory (X-10)

Oak Ridge, Tennessee Oak Ridge, Tennessee February 13, 2013February 13, 2013

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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)

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EEOICPA CompensationEEOICPA Compensation

$9 Billion Total $9 Billion Total Compensation Compensation

$4.80 Billion Part B$4.80 Billion Part B

$2.83 Billion Part E$2.83 Billion Part E

$1.37 Billion $1.37 Billion Medical Medical

Data as of February 3, 2013

PART E32%

MEDICAL15%

PART B53%

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Oak Ridge National Oak Ridge National Laboratory (X-10) Laboratory (X-10)

CompensationCompensation $499.2 Million Total $499.2 Million Total

Compensation Compensation

$242.9 Million Part $242.9 Million Part BB

$165.2 Million Part $165.2 Million Part EE

$91.1 Million $91.1 Million Medical Medical

Data as of February 3, 2013

Part E 33%

Medical 18%

PART B49%

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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 Children – Regardless of

age 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

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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

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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

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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

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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 February 6, 2013, HHS has As of February 6, 2013, HHS has

designated 99 additional SEC classes designated 99 additional SEC classes

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

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Oak Ridge National Laboratory Oak Ridge National Laboratory (X-10) (X-10)

SEC Class:SEC Class: SEC Class – Effective January 6, SEC Class – Effective January 6,

20132013

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 X-10 in Oak Ridge, Worked at X-10 in Oak Ridge, TennesseeTennessee 250 workdays from June 17, 1943 250 workdays from June 17, 1943

through July 31, 1955through July 31, 1955

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X-10 SEC Claim ReviewX-10 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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X-10 ContractorsX-10 Contractors

Contractors: Contractors: University of Chicago (1943 – 1945)University of Chicago (1943 – 1945) Monsanto Chemical (1945 – 1947)Monsanto Chemical (1945 – 1947) Union Carbide and Carbon Corp. (1948 – Union Carbide and Carbon Corp. (1948 –

1984)1984) Martin Marietta Energy Systems (1984 – Martin Marietta Energy Systems (1984 –

1994)1994) Lockheed Martin Energy Research Corp. Lockheed Martin Energy Research Corp.

(1994 – 1998)(1994 – 1998) UT Battelle (2000 – present)UT Battelle (2000 – present)

DOE covered facility from 1943 DOE covered facility from 1943 through the present through the present

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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 claimher 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 Occupational History Questionnaires

(OHQ)(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

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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 Oak Ridge Resource Center toll free number: Oak Ridge Resource Center toll free number:

(866) 481-0411(866) 481-0411 District Offices – 4 locations District Offices – 4 locations

Jacksonville District Office toll free number: Jacksonville District Office toll free number: (877) 336-4272(877) 336-4272

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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District Office Jurisdictional District Office Jurisdictional MapMap

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Questions?Questions?