[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 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.  30.112  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) Pursuant to Sec.  30.105, 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.