[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 88-89]

 

                      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 an initial claim for 

benefits?



                Filing Claims for Benefits Under EEOICPA





    (a) To claim benefits under EEOICPA, an employee must file a claim 

in writing. Form EE-1 should be used for this purpose, but any written 

communication that requests benefits under 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 OWCP or on the Internet at www.dol.gov/esa/regs/ 

compliance/owcp/eeoicp/main.htm. The employee's claim must be filed with 

OWCP, but another person may do so on the employee's behalf.

    (b) The employee may choose, at his or her own option, to file for 

benefits for only certain conditions that are potentially compensable 

under the Act (e.g., the employee may not want to claim for an 

occupational illness or a covered illness for which a payment has been 

received that would necessitate an offset of EEOICPA benefits under the 

provisions of Sec.  30.505(b)). The employee may withdraw his or her 

claim by so requesting in writing to OWCP at any time before OWCP 

determines his or her eligibility for benefits.

    (c) Except as provided in paragraph (d) of this section, 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, whichever is the earliest determinable date. 

However, in no event will a claim under Part B of EEOICPA be considered 

to be ``filed'' earlier than July 31, 2001, nor will a claim under Part 

E of EEOICPA be considered to be ``filed'' earlier than October 30, 

2000.

    (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 filing a claim under Part 

B of the Act, the employee is responsible for submitting with his or her 

claim, or arranging for the submission of, medical evidence to OWCP that 

establishes that he or she sustained an occupational illness and/or a 

covered illness. This required medical evidence is described in Sec.  

30.114 and does not refer to mere recitations of symptoms the employee 

experienced that the employee believes indicate that he or she sustained 

an occupational illness or a covered illness.

    (d) For those claims under Part E of EEOICPA that were originally 

filed with DOE as claims for assistance under former section 7385o of 

EEOICPA (which was repealed on October 28, 2004), a claim is considered 

to be ``filed'' on the date that the employee mailed his or her claim to 

DOE, as determined by postmark, or on the date that the claim was 

received by DOE,



[[Page 89]]



whichever is the earliest determinable date. However, in no event will a 

claim referred to in this paragraph be considered to be ``filed'' 

earlier than October 30, 2000.