[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: 20CFR30.221]



[Page 99]

 

                      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.  30.221  How does a claimant prove exposure to silica in the 

performance of duty?



    (a) Proof of the employee's employment and presence for the 

requisite days during the mining of tunnels at a DOE facility located in 

Nevada or Alaska for tests or experiments related to an atomic weapon 

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 present at these sites and the time 

period(s) of such employment and presence.

    (b) If the evidence shows that exposure occurred while the employee 

was employed and present at a facility during a time frame that is 

outside the relevant time frame indicated for that facility by DOE, OWCP 

may request that DOE provide additional information on the facility. 

OWCP will determine whether the evidence of record supports enlarging 

the relevant time frame for that facility.

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

for purposes of establishing proof of 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.

    (d) For purposes of satisfying the 250 workday requirement of Sec.  

30.220(a), the claimant may aggregate the days of service at more than 

one qualifying site.