[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: 20CFR30.213]



[Page 97-98]

 

                      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.  30.213  How does a claimant establish that the radiogenic cancer 

was at least as likely as not related to employment at the DOE facility, 

the atomic weapons employer facility, or the RECA section 5 facility?



    (a) HHS, with the advice of the Advisory Board on Radiation and 

Worker Health, has issued regulatory guidelines at 42 CFR part 81 that 

OWCP uses to determine whether radiogenic cancers claimed under Parts B 

and E of EEOICPA were at least as likely as not related to employment at 

a DOE facility, an atomic weapons employer facility, or a RECA section 5 

facility, as appropriate. Persons should consult HHS's regulations for 

information regarding the factual evidence that will be considered by 

OWCP, in addition to the employee's radiation dose reconstruction that 

will be provided to OWCP by HHS, in making this particular factual 

determination.

    (b) HHS's regulations satisfy the legal requirements in section 

7384n(c) of the Act, which also sets out OWCP's obligation to use them 

in its adjudication of claims for radiogenic cancer filed under Part B 

of the Act, and provide the factual basis for OWCP to determine if the 

``probability of causation'' (PoC) that an employee's cancer was 

sustained in the performance of duty is 50% or greater (i.e., it is ``at 

least as likely as not'' causally related to employment), as required 

under section 7384n(b).

    (c) OWCP also uses HHS's regulations when it makes the determination 

required by section 7385s-4(c)(1)(A) of the Act, since those regulations 

provide the factual basis for OWCP to determine if ``it is at least as 

likely as not'' that exposure to radiation at a DOE facility or RECA 

section 5 facility, as appropriate, was a significant factor in 

aggravating, contributing to, or causing the employee's radiogenic 

cancer claimed under Part E of EEOICPA. For cancer claims under Part E, 

if the PoC



[[Page 98]]



is less than 50% and the claimant alleges that the employee was exposed 

to additional toxic substances, OWCP will determine if the claim is 

otherwise compensable pursuant to Sec.  30.230(d) of this part.