[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: 20CFR30.114]



[Page 93]

 

                      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.  30.114  What kind of evidence is needed to establish a covered 

medical condition and how will that evidence be evaluated?



    (a) Evidence of a covered medical condition may include: a 

physician's report, laboratory reports, hospital records, death 

certificates, x-rays, magnetic resonance images or reports, computer 

axial tomography or other imaging reports, lymphocyte proliferation 

testings, beryllium patch tests, pulmonary function or exercise testing 

results, pathology reports including biopsy results and other medical 

records. A claimant is not required to submit all of the evidence listed 

in this paragraph. A claimant may submit other evidence that is not 

listed in this paragraph to establish a covered medical condition. 

Nothing in this section shall be construed to limit OWCP's ability to 

require additional documentation.

    (b) The medical evidence submitted will be used to establish the 

diagnosis and the date of diagnosis of the covered medical condition.

    (1) For covered beryllium illnesses, additional medical evidence, as 

set forth in Sec.  30.207, is required to establish a beryllium illness.

    (2) For chronic silicosis, additional medical evidence, as set forth 

in Sec.  30.222, is required to establish chronic silicosis.

    (3) For consequential injuries, illnesses, impairments or diseases, 

the claimant must also submit a physician's fully rationalized medical 

report showing a causal relationship between the resulting injury, 

illness, impairment or disease and the covered medical condition.

    (c) OWCP will evaluate the medical evidence in accordance with 

recognized and accepted diagnostic criteria used by physicians to 

determine whether the claimant has established the medical condition for 

which compensation is sought in accordance with the requirements of the 

Act.



         Special Procedures for Certain Radiogenic Cancer Claims