Brookhaven by C1c84G

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									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




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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)
       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


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    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
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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
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                 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


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               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

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District Office Jurisdictional Map




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Questions?

								
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