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Administrative Issues

• Emergency Exits

• Rest Rooms

• Photos

• Cell Phones

Energy Employees Occupational Energy Employees Occupational Illness Compensation ProgramIllness Compensation Program

Town Hall Meeting Town Hall Meeting Rocky Flats Plant Denver, Colorado Denver, Colorado February 19, 2014February 19, 2014

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Administration of the EEOICPAAdministration of the EEOICPA 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 Services (HHS)Department of Health and Human Services (HHS) Department of Justice (DOJ)Department of Justice (DOJ)

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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/subcontractorscontractors/subcontractors

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

Eligible SurvivorsEligible Survivors

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

Beryllium vendors (BV)Beryllium vendors (BV) RECA Section 5 awardeesRECA Section 5 awardees

Grandchildren Grandchildren GrandparentsGrandparents

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Part B: Covered ConditionsPart B: Covered Conditions

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 and Silicosis (for miners in Nevada and

Alaska)Alaska) ““Supplement” for RECA Section 5 Supplement” for RECA Section 5

uranium workersuranium workers

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Means of Verifying EmploymentMeans of Verifying Employment DOEDOE

EE-5 Employment Verification FormEE-5 Employment Verification Form Oak Ridge Institute for Science and Education Oak Ridge Institute for Science and Education

(ORISE)(ORISE) The Center for Construction Research and The Center for Construction Research and

Training (CPWR)Training (CPWR) Corporate Verifiers Corporate Verifiers SSA wage data SSA wage data Other SourcesOther Sources

Including affidavits and records or documents created Including affidavits and records or documents created by state and federal agenciesby state and federal agencies

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Part B: Radiation Induced CancerPart B: Radiation Induced CancerCausation Causation

Dose ReconstructionDose Reconstruction Conducted by NIOSHConducted 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 Scientific calculation of likelihood that radiation

exposure caused cancerexposure 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 CohortPart B: Special Exposure Cohort

Causation presumed for Special Exposure Cohort Causation presumed for Special Exposure Cohort (SEC) members diagnosed with a “specified (SEC) members diagnosed with a “specified cancer”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 ClassesPart 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 AssistanceAdvisory Board Assistance 4 statutory SEC classes (3 GDPs + Amchitka)4 statutory SEC classes (3 GDPs + Amchitka) As of February 6, 2014, HHS has designated 107 As of February 6, 2014, HHS has designated 107

additional SEC classes additional SEC classes

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

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RFP SEC CLASSES:RFP SEC CLASSES: There are 3 RFP SEC Classes There are 3 RFP SEC Classes

First 2 SEC Classes – Both effective September 5, 2007 First 2 SEC Classes – Both effective September 5, 2007

Qualifying Employment: Qualifying Employment: DOE employees, (or employees of predecessor agency – AEC) DOE employees, (or employees of predecessor agency – AEC) DOE contractors and subcontractors DOE contractors and subcontractors Were monitored or should have been monitored for neutron Were monitored or should have been monitored for neutron

exposuresexposures

Worked at RFP in Golden, Colorado Worked at RFP in Golden, Colorado

250 workdays from April 1, 1952 through December 31, 250 workdays from April 1, 1952 through December 31, 1958 and/or January 1, 1959 through December 31, 19661958 and/or January 1, 1959 through December 31, 1966

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NEW RFP SEC CLASS:NEW RFP SEC CLASS:

SEC Class – Effective January 11, 2014SEC Class – Effective January 11, 2014 This SEC class subsumes all earlier SEC classesThis SEC class subsumes all earlier SEC classes Qualifying Employment: Qualifying Employment:

DOE employees, (or employees of predecessor agency – AEC) DOE employees, (or employees of predecessor agency – AEC) DOE contractors and subcontractors DOE contractors and subcontractors

Worked at RFP in Golden, Colorado Worked at RFP in Golden, Colorado

250 workdays from April 1, 1952 through December 31, 1983250 workdays from April 1, 1952 through December 31, 1983

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RFP SEC Claim ReviewRFP SEC Claim Review

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 Potentially affected cases identified – tracked to resolutionresolution

Of the 302 denied claims potentially affected by Of the 302 denied claims potentially affected by the new SEC class, 249 have been screened as the new SEC class, 249 have been screened as of February 11, 2014 of February 11, 2014

Goals for each new SEC class to prioritize SEC Goals for each new SEC class to prioritize SEC acceptance 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 the time of the Employee’s Children, if no surviving spouse, and if at the time of the

employee’s death the child was: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, continuously enrolled in an Under the age of 23 and a full-time student, continuously enrolled in an

educational institution since age 18educational institution since age 18 Any age if medically incapable of self support Any age if medically incapable of self support

Employee’s cause of death must be related to covered conditionEmployee’s cause of death must be related to covered condition

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

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

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

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

DOL will assist with verifying Part E toxic exposure DOL will assist with verifying Part E toxic exposure Claimant bears overall burden of proving his or her claimClaimant bears overall burden of proving his or 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.govwww.sem.dol.gov

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

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Part E: Employee Impairment Part E: Employee Impairment

Determination of % permanent whole person Determination of % permanent whole person impairment due to covered illness impairment due to covered illness

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

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

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Part E: Employee Wage Loss Part E: Employee Wage Loss

Medical evidence must show decreased Medical evidence must show decreased capacity to work capacity to work

Employee Compensation:Employee Compensation:

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

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

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BenefitsBenefitsPart BPart B Part EPart E

$150,000 Employee + $150,000 Employee + SurvivorSurvivor

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

$50,000 RECA Employee $50,000 RECA Employee + Survivor+ Survivor

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 Loss if (+ lump-sum Wage Loss if eligible)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 (oral Cover letter, decision, and rights to object (oral

hearing/review of written record)hearing/review of written record)

Final Decision – Final Adjudication Branch Final Decision – Final Adjudication Branch (FAB)(FAB) Affirmation of recommended decision or remand Affirmation of recommended decision or remand

based on objection/independent review based on objection/independent review Claimant Rights – Reconsideration & ReopeningClaimant Rights – Reconsideration & Reopening

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Claimant Responsibilities 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 Seek assistance if you need help – call

Resource Center Resource Center Review decision and information for appeal Review decision and information for appeal

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Claimant ResourcesClaimant Resources

Resource Centers – 11 locationsResource Centers – 11 locations Denver Resource Center toll free number: (866) 540-4977Denver Resource Center toll free number: (866) 540-4977

District Offices – 4 locations District Offices – 4 locations Denver District Office toll free number: (888) 805-3389Denver District Office toll free number: (888) 805-3389

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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EEOICPA CompensationEEOICPA Compensation

$10.1 Billion Total $10.1 Billion Total Compensation Compensation

$5.25 Billion Part B$5.25 Billion Part B

$3.14 Billion Part E$3.14 Billion Part E

$1.78 Billion Medical $1.78 Billion Medical

Data as of February 9, 2014

PART E32%

MEDICAL15%

PART B53%

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Rocky Flats Plant CompensationRocky Flats Plant Compensation

$304.3 Million Total $304.3 Million Total Compensation Compensation

$157.5 Million Part B$157.5 Million Part B

$106.2 Million Part E$106.2 Million Part E

$40.6 Million Medical $40.6 Million Medical

Data as of February 9, 2014

Part E 35%

Medical 13%

PART B52%

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District Office Jurisdictional MapDistrict Office Jurisdictional Map

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Questions?Questions?