[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: 20CFR30.214]



[Page 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.  30.214  How does a claimant establish that the employee is a 

member of the Special Exposure Cohort?



    (a) For purposes of establishing eligibility as a member of the 

Special Exposure Cohort (SEC) under Sec.  30.210(a)(1), the employee 

must have been a DOE employee, a DOE contractor employee, or an atomic 

weapons employee who meets any of the following requirements:

    (1) The employee was so employed for a number of workdays 

aggregating at least 250 workdays before February 1, 1992, at a gaseous 

diffusion plant located in Paducah, Kentucky; Portsmouth, Ohio; or Oak 

Ridge, Tennessee; and during such employment:

    (i) Was monitored through the use of dosimetry badges for exposure 

at the plant of the external parts of the employee's body to radiation; 

or

    (ii) Worked in a job that had exposures comparable to a job that is 

or was monitored through the use of dosimetry badges.

    (2) The employee was so employed before January 1, 1974, by DOE or a 

DOE contractor or subcontractor on Amchitka Island, Alaska, and was 

exposed to ionizing radiation in the performance of duty related to the 

Long Shot, Milrow, or Cannikin underground nuclear tests.

    (3) The employee is a member of a group or class of employees 

subsequently designated as additional members of the SEC by HHS.

    (b) For purposes of satisfying the 250 workday requirement of 

paragraph (a)(1) of this section, the claimant may aggregate the days of 

service at more than one gaseous diffusion plant.

    (c) Proof of employment by the DOE or a DOE contractor, or an atomic 

weapons employer, for the requisite time periods set forth in paragraph 

(a) of this section, may be made by the submission of any trustworthy 

records that, on their face or in conjunction with other such records, 

establish that the employee was so employed and the time period(s) of 

such employment. If the evidence shows that exposure occurred while the 

employee was employed by an employer that would have to be designated by 

DOE as an atomic weapons employer under section 7384l(4) of the Act to 

be a covered employer, and that the employer has not been so designated, 

OWCP will deny the claim on the ground that the employer is not a 

covered atomic weapons employer.

    (d) Records from the following sources may be considered as evidence 

for purposes of establishing employment or presence at a covered 

facility:

    (1) Records or documents created by any federal government agency 

(including verified information submitted for security clearance), any 

tribal government, or any state, county, city or local government 

office, agency, department, board or other entity, or other public 

agency or office.

    (2) Records or documents created as a byproduct of any regularly 

conducted business activity or by an entity that acted as a contractor 

or subcontractor to the DOE.