[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: 20CFR30.115]



[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.  30.115  For those radiogenic cancer claims that do not seek benefits 

under Part B of the Act pursuant to the Special Exposure Cohort provisions, 

what will OWCP do once it determines that an employee contracted cancer?



    (a) Other than claims for a non-radiogenic cancer listed by HHS at 

42 CFR 81.30, or claims seeking benefits under Part E of the Act that 

have previously been accepted under section 7384u of the Act, or claims 

previously accepted under Part B pursuant to the Special Exposure Cohort 

provisions, OWCP will forward the claim package (including, but not 

limited to, Forms EE-1, EE-2, EE-3, EE-4 and EE-5, as appropriate) to 

HHS for dose reconstruction. At that point in time, development of the 

claim by OWCP may be suspended.

    (1) This package will include OWCP's initial findings in regard to 

the diagnosis and date of diagnosis of the employee, as well as any 

employment history compiled by OWCP (including information such as dates 

and locations worked, and job titles). The package, however, will not 

constitute either a recommended or final decision by OWCP on the claim.

    (2) HHS will then reconstruct the radiation dose of the employee, 

after such further development of the employment history as it may deem 

necessary, and provide OWCP, DOE and the claimant with the final dose 

reconstruction report. The final dose reconstruction record will be 

delivered to OWCP with the final dose reconstruction report and to the 

claimant upon request.

    (b) Following its receipt of the reconstructed dose from HHS, OWCP 

will resume its adjudication of the cancer claim and consider whether 

the claimant has met the eligibility criteria set forth in subpart C of 

this part. However, during the period before it receives a reconstructed 

dose from HHS, OWCP may continue to develop other aspects of a claim, to 

the extent that it deems such development to be appropriate.



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