[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: 20CFR30.112]

[Page 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. 30.112  What kind of evidence is needed to establish covered 
employment and how will that evidence be evaluated?

    (a) Evidence of covered employment may include: employment records; 
pay stubs; tax returns; social security records; and written affidavits 
or declarations, subject to penalty of perjury, by the employee, 
survivor or any other person. However, no one document is required to 
establish covered employment and a claimant is not required to submit 
all of the evidence listed above. A claimant may submit other evidence 
not listed above to establish covered employment. To be acceptable as 
evidence, all documents and records must be legible. OWCP will accept 
photocopies, certified copies, and original documents and records.
    (b) DOE shall certify that it concurs with the employment 
information provided by the claimant, that it disagrees with the 
information provided by the claimant, or, after a reasonable search of 
its records and a reasonable effort to locate pertinent records not 
already in its possession, it can neither concur nor disagree with the 
information provided by the claimant.
    (1) If DOE certifies that it concurs with the employment information 
provided by the claimant, then the criterion for covered employment will 
be established.
    (2) If DOE certifies that it disagrees with the information provided 
by the claimant or that after a reasonable search of its records and a 
reasonable effort to locate pertinent records not already in its 
possession it can neither concur nor disagree with the information 
provided by the claimant, OWCP will evaluate the evidence submitted by 
the claimant to determine whether the claimant has established covered 
employment by a preponderance of the evidence. OWCP may request 
additional evidence from the claimant to demonstrate that the claimant 
has met the criterion for covered employment. Nothing in this section 
shall be construed to limit OWCP's ability to require additional 
documentation.
    (3) If the only evidence of covered employment is a self-serving 
affidavit and DOE either disagrees with the assertion of covered 
employment or cannot concur or disagree with the assertion of covered 
employment, then OWCP may reject the claim based upon a lack of evidence 
of covered employment.