[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: 20CFR30.2]



[Page 82]

 

                      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 A_General Provisions

 

Sec.  30.2  In general, how have the tasks associated with the 

administration of the EEOICPA claims process been assigned?



    (a) In E.O. 13179, the President assigned the tasks associated with 

administration of the EEOICPA claims process among the Secretaries of 

Labor, Health and Human Services and Energy, and the Attorney General. 

In light of the fact that the Secretary of Labor has been assigned 

primary responsibility for administering the EEOICPA, almost the entire 

claims process is within the exclusive control of OWCP. This means that 

all claimants file their claims with OWCP, and OWCP is responsible for 

granting or denying compensation under the Act (see Sec. Sec.  30.100 

through 30.102). OWCP also provides assistance to claimants and 

potential claimants by providing information regarding eligibility and 

other program requirements, including information on completing claim 

forms and the types and availability of medical testing and diagnostic 

services related to occupational illnesses under Part B of the Act and 

covered illnesses under Part E of the Act. In addition, OWCP provides an 

administrative review process for claimants who disagree with its 

recommended and final adverse decisions on claims of entitlement (see 

Sec. Sec.  30.300 through 30.320).

    (b) However, HHS has exclusive control of the portion of the claims 

process under which it provides reconstructed doses for certain 

radiogenic cancer claims (see Sec.  30.115). HHS also has exclusive 

control of the process for designating classes of employees to be added 

to the Special Exposure Cohort under Part B of the Act, and has 

promulgated regulations governing that process at 42 CFR part 83. 

Finally, HHS has promulgated regulations at 42 CFR part 81 that set out 

guidelines that OWCP follows when it assesses the compensability of an 

employee's radiogenic cancer (see Sec.  30.213). DOE and DOJ must, among 

other things, notify potential claimants and submit evidence that OWCP 

deems necessary for its adjudication of claims under EEOICPA (see 

Sec. Sec.  30.105, 30.112, 30.206, 30.212 and 30.221).