[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: 20CFR30.113]



[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.  30.113  What are the requirements for written medical 

documentation, contemporaneous records, and other records or documents?



    (a) All written medical documentation, contemporaneous records, and 

other records or documents submitted by an employee or his or her 

survivor to prove any criteria provided for in these regulations must be 

legible. OWCP will accept photocopies, certified copies, and original 

documents and records.

    (b) To establish eligibility, the employee or his or her survivor 

may be required to provide, where appropriate, additional 

contemporaneous records to the extent they exist or an authorization to 

release additional contemporaneous records or a statement by the 

custodian(s) of the record(s) certifying that the requested record(s) no 

longer exist. Nothing in this section shall be construed to limit OWCP's 

ability to require additional documentation.

    (c) If a claimant submits a certified statement, by a person with 

knowledge of the facts, that the medical records containing a diagnosis 

and date of diagnosis of a covered medical condition no longer exist, 

then OWCP may consider other evidence to establish a diagnosis and date 

of diagnosis of a covered medical condition. However, if the certified 

statement is a self-serving document, OWCP may reject the claim based 

upon a lack of evidence of a covered medical condition.



[[Page 93]]