[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 91-92]

 

                      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 the regulations in 

this part, the 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 claimant of the 

deficiencies and provide him or her 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.



[[Page 92]]



    (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 claimant shall be notified and afforded the opportunity to 

submit additional written medical documentation or records.