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Energy Employees Occupational Illness Compensation

Program Descriptions

Program Number

17.310

Title

Energy Employees Occupational Illness Compensation

 

Federal Agency

OFFICE OF WORKERS' COMPENSATION PROGRAMS, EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR

 

Authorization

Energy Employees Occupational Illness Compensation Program Act of 2000, as amended; 42 U.S.C. 7384 et seq.

 

Status

Active

 

Objectives

Part B provides lump-sum monetary payments of and medical benefits to covered employees and, where applicable, to survivors of such employees, of the Department of Energy (DOE), its predecessor agencies and certain of its vendors, contractors and subcontractors. Part B also provides lump-sum payments and medical benefits to individuals found eligible by the Department of Justice (DOJ) under section 5 of the Radiation Exposure Compensation Act (RECA) and, where applicable, to their survivors. Part E of the Act provides variable lump-sum payments (based on a worker's permanent impairment and/or years of qualifying wage-loss) and medical benefits for covered DOE contractor employees and, where applicable, provides variable lump-sum payments to survivors of such employees (based on a worker's death due to a covered illness and any years of established wage-loss). Part E also provides these same payments and benefits to uranium miners, millers and ore transporters covered by section 5 of RECA and, where applicable, to survivors of such employees.

 

Types of Assistance

Direct Payments with Unrestricted Use.

 

Uses and Use Restrictions

This program provides lump-sum monetary payments to employees and former employees as compensation for occupational illnesses under Part B, and covered illnesses under Part E; medical expenses (including hospital care). Benefits are paid from a mandatory appropriation of Federal funds.

 

Eligibility Requirements

Applicant Eligibility

Employees and, where applicable, to survivors of such employees, of the Department of Energy (DOE), its predecessor agencies, certain of its vendors, contractors and subcontractors, and uranium miners, millers and ore transporters covered by section 5 of RECA, who are or were engaged in covered employment related to the testing or production of nuclear weapons.

Beneficiary Eligibility

Employees and, where applicable, to survivors of such employees, of the Department of Energy (DOE), its predecessor agencies, certain of its vendors, contractors and subcontractors, and uranium miners, millers and ore transporters covered by section 5 of RECA, who are or were engaged in covered employment related to the testing or production of nuclear weapons.

Credentials/Documentation

Necessary documentation is developed when claim is filed with the program.

 

Application and Award Process

Preapplication Coordination

None. This program is excluded from coverage under E.O. 12372.

Application Procedure

Employee or his or her survivor(s) files written claim for compensation (Form EE-1 or EE-2) with the local district office of the Office of Workers' Compensation Programs (OWCP), or with a Resource Center.

Award Procedure

Authority to issue recommended decisions under this program rests with the District Director in OWCP district offices. Authority to issue final decisions rests with the Final Adjudication Branch.

Deadlines

Not applicable.

Range of Approval/Disapproval Time

Not applicable.

Appeals

Request for review of or hearing on a recommended decision must be made within 60 days. Request for reconsideration of a final agency decision must be filed within 30 days of issuance of the final decision. Request to reopen claim after issuance of a final decision may be made at any time, if supported by material evidence.

Renewals

 

Assistance Considerations

Formula and Matching Requirements

Not applicable.

Length and Time Phasing of Assistance

Benefits are not length-based. Maximum monetary lump-sum payment under Part B is $150,000 per covered employee; maximum monetary lump-sum payment under Part E is $250,000 per covered employee. No limitation on payment of medical expenses.

 

Post Assistance Requirements

Reports

Not applicable.

Audits

Not applicable.

Records

Not applicable.

 

Financial Information

Account Identification

16-1523-0-1-053.

Obligations

(Benefits) FY 07 $898,090; FY 08 est $965,555; and FY 09 est $948,487.

Range and Average of Financial Assistance

Maximum monetary lump-sum payment under Part B is $150,000 per covered employee; maximum monetary lump-sum payment under Part E is $250,000 per covered employee. No limitation on payment of medical expenses.

 

Program Accomplishments

The program currently receives on average 20,000 new claims per year from employees (or their survivors) of DOE, its predecessor agencies, certain of its vendors, contractors and subcontractors, and uranium miners, millers and ore transporters covered by section 5 of RECA, who are or were engaged in covered employment related to the testing or production of nuclear weapons.

 

Regulations, Guidelines and Literature

Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act, 20 CFR part 30, are available on the Internet at http://www.dol.gov or from OWCP.

 

Information Contacts

Regional or Local Office

Persons are encouraged to communicate with the district offices of the Office of Workers' Compensation Programs. See Appendix IV of the Catalog for addresses and areas of jurisdiction listed under Employment Standards Administration.

Headquarters Office

Office of Workers' Compensation Programs, Division of Energy Employees Occupational Illness Compensation, Washington, DC 20210. Telephone: (202)693-0081. Contact: Peter Turcic.

Web Site Address

http://www.dol.gov

 

Related Programs

None.

 

Examples of Funded Projects

Not applicable.

 

Criteria for Selecting Proposals

Not applicable.



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