[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: 20CFR30.101]

[Page 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. 30.101  In general, how is a survivor's claim filed?

    (a) A survivor of an employee who sustained an occupational illness 
may file a claim for compensation in writing on or after July 31, 2001. 
Form EE-2 should be used for this purpose, but any written communication 
that requests benefits under the Act will be considered a claim. It 
will, however, be necessary for a survivor to submit a Form EE-2 for 
OWCP to fully develop the claim. Copies of Form EE-2 may be obtained 
from OWCP, from DOE, or on the Internet at www.dol.gov/esa/regs/
compliance/owcp/eeoicp/main.htm. The claiming survivor must file his or 
her claim with OWCP, or another person may do so on the survivor's 
behalf. Although only one survivor need file a claim under this section 
to initiate the development process, OWCP will distribute any monetary 
benefits paid among all eligible surviving beneficiaries pursuant to the 
terms of Sec. 30.501.
    (b) A survivor may withdraw his or her claim by so requesting in 
writing to OWCP at any time before OWCP determines eligibility for 
benefits.
    (c) A survivor must be alive to receive any payment; there is no 
vested right to such payment.
    (d) A survivor's claim is considered to be ``filed'' on the date 
that the survivor mails his or her claim to OWCP, as determined by 
postmark, or 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 survivor, or the person filing the claim on behalf of the 
survivor, shall affirm that the information provided on the Form EE-2 is 
true, and must inform OWCP of any subsequent changes to that 
information.
    (2) Except for the survivor of a covered uranium employee, the 
survivor is responsible for submitting, or arranging for the submission 
of, evidence to OWCP that establishes that the employee upon whom the 
survivor's claim is based was eligible for such benefits, including 
medical evidence that establishes that the employee sustained an 
occupational illness.