[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: 20CFR30.111]

[Page 87-88]
 
                      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. 30.111  What is the claimant's responsibility with respect to 
burden of proof, production of documents, presumptions, and affidavits?

    (a) Except where otherwise provided in the Act and these 
regulations, the claimant bears the burden of proving by a preponderance 
of the evidence the existence of each and every criterion necessary to 
establish eligibility under any compensable claim category set forth in 
Sec. 30.110. Proof by a preponderance of the evidence means that it is 
more likely than not that the proposition to be proved is true. Subject 
to the exceptions expressly provided in the Act and these regulations, 
the

[[Page 88]]

claimant also bears the burden of providing to OWCP all written medical 
documentation, contemporaneous records, or other records and documents 
necessary to establish any and all criteria for benefits set forth in 
these regulations.
    (b) In the event that the claim lacks required information or 
supporting documentation, OWCP will notify the employee, survivor, and/
or DOE of the deficiencies and provide an opportunity for correction of 
the deficiencies.
    (c) Written affidavits or declarations, subject to penalty for 
perjury, by the employee, survivor or any other person, will be accepted 
as evidence of employment history and survivor relationship for purposes 
of establishing eligibility and may be relied on in determining whether 
a claim meets the requirements of the Act for benefits if, and only if, 
such person attests that due diligence was used to obtain records in 
support of the claim, but that no records exist.
    (d) A claimant will not be entitled to any presumption otherwise 
provided for in these regulations if substantial evidence exists that 
rebuts the existence of the fact that is the subject of the presumption. 
Substantial evidence means such relevant evidence as a reasonable mind 
might accept as adequate to support a conclusion. When such evidence 
exists, the covered employee or his or her survivor shall be notified 
and afforded the opportunity to submit additional written medical 
documentation or records.