[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: 20CFR30.210]



[Page 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.  30.210  What are the criteria for eligibility for benefits relating 

to radiogenic cancer?



    (a) To establish eligibility for benefits for radiogenic cancer 

under Part B of EEOICPA, an employee or his or her survivor must show 

that:

    (1) The employee has been diagnosed with one of the forms of cancer 

specified in Sec.  30.5(ff) of this part; and

    (i) Is a member of the Special Exposure Cohort (as described in 

Sec.  30.214(a) of this subpart) who, as a civilian DOE employee or 

civilian DOE contractor employee, contracted the specified cancer after 

beginning employment at a DOE facility; or

    (ii) Is a member of the Special Exposure Cohort (as described in 

Sec.  30.214(a) of this subpart) who, as a civilian atomic weapons 

employee, contracted the specified cancer after beginning employment at 

an atomic weapons employer facility (as defined in Sec.  30.5(e)); or

    (2) The employee has been diagnosed with cancer; and

    (i)(A) Is/was a civilian DOE employee who contracted that cancer 

after beginning employment at a DOE facility; or

    (B) Is/was a civilian DOE contractor employee who contracted that 

cancer after beginning employment at a DOE facility; or

    (C) Is/was a civilian atomic weapons employee who contracted that 

cancer after beginning employment at an atomic weapons employer 

facility; and

    (ii) The cancer was at least as likely as not related to the 

employment at the DOE facility or atomic weapons employer facility; or

    (3) The employee has been diagnosed with an injury, illness, 

impairment or disease that arose as a consequence of the accepted 

cancer.

    (b)(1) To establish eligibility for benefits for radiogenic cancer 

under Part E of EEOICPA, an employee or his or her survivor must show 

that:

    (i) The employee has been diagnosed with cancer; and

    (A) Is/was a civilian DOE contractor employee or a civilian RECA 

section 5 uranium worker who contracted that cancer after beginning 

employment at a DOE facility or a RECA section 5 facility; and

    (B) The cancer was at least as likely as not related to exposure to 

a toxic substance of a radioactive nature at a DOE facility or a RECA 

section 5 facility; and

    (C) It is at least as likely as not that the exposure to such toxic 

substance(s) was related to employment at a DOE facility or a RECA 

section 5 facility; or

    (ii) The employee has been diagnosed with an injury, illness, 

impairment or disease that arose as a consequence of the accepted 

cancer.

    (2) Eligibility for benefits for radiogenic cancer under Part E in a 

claim that has previously been accepted under Part B pursuant to the 

Special Exposure Cohort provisions is described in Sec.  30.230(a).