[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR30.100]

[Page 85-86]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
CHAPTER I--OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR
 
PART 30_CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL 
ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED--Table of Contents
 
     Subpart B_Filing Claims; Evidence and Burden of Proof; Special 
                  Procedures for Certain Cancer Claims
 
Sec. 30.100  In general, how does an employee file for benefits?

     Claims for Occupational Illness--Employee or Survivor's Actions


    (a) To claim benefits under the EEOICPA, an employee must file a 
claim in writing on or after July 31, 2001. Form EE-1 should be used for 
this purpose, but any written communication that requests benefits under 
the EEOICPA will be considered a claim. It will, however, be necessary 
for an employee to submit a Form EE-1 for OWCP to fully develop the 
claim. Copies of Form EE-1 may be obtained from

[[Page 86]]

OWCP, from DOE, or on the Internet at www.dol.gov/esa/regs/compliance/
owcp/eeoicp/main.htm. The employee must file his or her claim with OWCP, 
or another person may do so on the employee's behalf.
    (b) The employee may withdraw his or her claim by so requesting in 
writing to OWCP at any time before OWCP determines eligibility for 
benefits.
    (c) A claim is considered to be ``filed'' on the date that the 
employee mails his or her claim to OWCP, as determined by postmark, or 
on the date that the claim is received by OWCP or DOE, whichever is the 
earliest determinable date, but in no event earlier than July 31, 2001.
    (1) The employee, or the person filing the claim on behalf of the 
employee, shall affirm that the information provided on the Form EE-1 is 
true, and must inform OWCP of any subsequent changes to that 
information.
    (2) Except for a covered uranium employee, the employee is 
responsible for submitting, or arranging for the submission of, medical 
evidence to OWCP that establishes that he or she sustained an 
occupational illness.