[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: 20CFR30.102]



[Page 90]

 

                      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.  30.102  In general, how does an employee file a claim for additional 

impairment or wage-loss under Part E of EEOICPA?



    (a) An employee previously awarded impairment benefits by OWCP may 

file a claim for additional impairment benefits. Such claim must be 

based on an increase in the employee's minimum impairment rating 

attributable to the covered illness or illnesses from the impairment 

rating that formed the basis for the last award of such benefits by 

OWCP. OWCP will only adjudicate claims for such an increased rating that 

are filed at least two years from the date of the last award of 

impairment benefits. However, OWCP will not wait two years before it 

will adjudicate a claim for additional impairment that is based on an 

allegation that the employee sustained a new covered illness.

    (b) An employee previously awarded wage-loss benefits by OWCP may be 

eligible for additional wage-loss benefits for periods of wage-loss that 

were not addressed in a prior claim only if the employee had not reached 

his or her Social Security retirement age at the time of the prior 

award. OWCP will adjudicate claims filed on a yearly basis in connection 

with each succeeding calendar year for which qualifying wage-loss under 

Part E is alleged, as well as claims that aggregate calendar years for 

which qualifying wage-loss is alleged.

    (c) Employees should use Form EE-10 to claim for additional 

impairment or wage-loss benefits under Part E of EEOICPA.

    (1) The employee, or the person filing the claim on behalf of the 

employee, shall affirm that the information provided on Form EE-10 is 

true, and must inform OWCP of any subsequent changes to that 

information.

    (2) The employee is responsible for submitting with any claim filed 

under this section, or arranging for the submission of, factual and 

medical evidence establishing that he or she experienced another 

calendar year of qualifying wage-loss, and/or medical evidence 

establishing that he or she has an increased minimum impairment rating, 

as appropriate.