Energy Employees Occupational Illness Compensation Program Town Hall Meeting Brookhaven National Laboratory, Upton, New York July 17, 2012 Administrative Issues Emergency Exits Rest Rooms Photos Cell Phones 1 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) Department of Justice (DOJ) 2 EEOICPA Compensation $8.2 Billion Total MEDICAL Compensation 14% $4.46 Billion Part B PART B 54% $2.66 Billion Part E PART E 32% $1.16 Billion Medical 3 Data as of July 1, 2012 Brookhaven National Laboratory Compensation $111.7 Million Total Medical 2% Compensation Part E 30% $76.1 Million Part B PART B $33.3 Million Part E 68% $2.3 Million Medical 4 Data as of July 1, 2012 Part B: Who’s Eligible? Covered Employees DOE employees or its Beryllium vendors (BV) contractors/subcontractors RECA Section 5 awardees Atomic Weapons Employers (AWE) Eligible Survivors Surviving spouse Grandchildren Children – Regardless of age Grandparents Parents 5 Part B: Covered Conditions Radiation induced cancer Special Exposure Cohort Probability of Causation Beryllium Disease Silicosis (for miners in Nevada and Alaska) “Supplement” for RECA uranium workers 6 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 7 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 22 cancers named in law 8 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 June 2012, HHS has designated 89 additional SEC classes DOL administers SEC cases No role in designation 9 Brookhaven National Laboratory 2 SEC Classes: 1st SEC Class - Effective January 9, 2010 Qualifying Employment: DOE employees (or employees of predecessor agency – AEC) DOE contractors and subcontractors Worked at Brookhaven National Laboratory in Upton, New York 250 workdays from Jan. 1, 1947 through Dec. 31, 1979 10 Brookhaven National Laboratory 2 SEC Classes (cont’d): 2nd SEC Class - Effective June 10, 2012 Qualifying Employment: DOE employees (or employees of predecessor agency – AEC) DOE contractors and subcontractors Worked at Brookhaven National Laboratory in Upton, New York 250 workdays from Jan. 1, 1980 through Dec. 31, 1993 11 Brookhaven National Laboratory Contractors Associated Universities, Incorporated: 1947 – 1998 Brookhaven Science Association (Battelle Memorial Institute and State University of New York at Stony Brook): 1998 – Present 12 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 Other Sources Including affidavits and records or documents created by state and federal agencies 13 Brookhaven National Lab. Claim Reviews Claims reviewed for SEC inclusion: Pending dose reconstruction at time of SEC class Previously denied for POC <50% Potentially affected cases identified – tracked to resolution Goals for each new SEC class to prioritize SEC acceptance 14 Part E: Illness from Toxic Exposure Eligible Covered Employees DOE contractor or subcontractor employees Does NOT include DOE, AWE, and BV workers Eligible Survivors Surviving Spouse Employee’s Children, if no surviving spouse, and if at the time of the employee’s death the child was: Under the age of 18 Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18 Any age if medically incapable of self support 15 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 16 Part E: Employee Impairment Determination of % permanent whole person impairment due to covered illness AMA’s Guides to the Evaluation of Permanent Impairment, 5th Edition $2,500 awarded for each % of impairment 17 Part E: Employee Wage Loss Medical evidence must show decreased capacity to work Employee Compensation: Any year <50% of the pre-disability annual wage = $15,000 compensation Any year > 50% but <75% of the pre-disability annual wage = $10,000 compensation 18 Benefits Part B Part E $150,000 Employee + Impairment $2,500 per % Survivor (Employee) $50,000 RECA Employee Wage Loss $10,000 - + Survivor $15,000 per year (Employee) $125,000 Survivor (+ lump-sum Wage Loss if eligible) $400,000 CAP for B+E combined 19 Decision 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 recommend decision or remand based on objection/independent review Claimant Rights – Reconsideration, Reopening, & District Court 20 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 21 Claimant Resources Resource Centers – 11 locations New York Resource Center toll free number: (800) 941-3943 District Offices – 4 locations Cleveland District Office toll free number: (888) 859-7211 DEEOIC web site http://www.dol.gov/owcp/energy/ General program information SEM website Forms Sample decisions 22 District Office Jurisdictional Map 23 24 Questions?
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