[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: 20CFR30.207]



[Page 95-96]

 

                      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 C_Eligibility Criteria

 

Sec.  30.207  How does a claimant prove a diagnosis of a beryllium 

disease covered under Part B?



    (a) Written medical documentation is required in all cases to prove 

that the employee developed a covered beryllium illness. Proof that the 

employee developed a covered beryllium illness must be made by using the 

procedures outlined in paragraphs (b), (c), or (d) of this section.

    (b) Beryllium sensitivity or sensitization is established with an 

abnormal LPT performed on either blood or lung lavage cells.

    (c) Chronic beryllium disease is established in the following 

manner:

    (1) For diagnoses on or after January 1, 1993, beryllium sensitivity 

(as established in accordance with paragraph (b) of this section), 

together with lung pathology consistent with chronic beryllium disease, 

including the following:

    (i) A lung biopsy showing granulomas or a lymphocytic process 

consistent with chronic beryllium disease;

    (ii) A computerized axial tomography scan showing changes consistent 

with chronic beryllium disease; or

    (iii) Pulmonary function or exercise testing showing pulmonary 

deficits consistent with chronic beryllium disease.

    (2) For diagnoses before January 1, 1993, the presence of the 

following:

    (i) Occupational or environmental history, or epidemiologic evidence 

of beryllium exposure; and

    (ii) Any three of the following criteria:

    (A) Characteristic chest radiographic (or computed tomography (CT)) 

abnormalities.

    (B) Restrictive or obstructive lung physiology testing or diffusing 

lung capacity defect.

    (C) Lung pathology consistent with chronic beryllium disease.

    (D) Clinical course consistent with a chronic respiratory disorder.

    (E) Immunologic tests showing beryllium sensitivity (skin patch test 

or beryllium blood test preferred).

    (d) An injury, illness, impairment or disability sustained as a 

consequence of beryllium sensitivity or established chronic beryllium 

disease must be established with a fully rationalized medical report by 

a physician that



[[Page 96]]



shows the relationship between the injury, illness, impairment or 

disability and the beryllium sensitivity or established chronic 

beryllium disease. Neither the fact that the injury, illness, impairment 

or disability manifests itself after a diagnosis of beryllium 

sensitivity or established chronic beryllium disease, nor the belief of 

the claimant that the injury, illness, impairment or disability was 

caused by the beryllium sensitivity or established chronic beryllium 

disease, is sufficient in itself to prove a causal relationship.



  Eligibility Criteria for Claims Relating to Radiogenic Cancer Under 

                        Parts B and E of EEOICPA