[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: 20CFR30.230]



[Page 100-101]

 

                      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.  30.230  What are the criteria necessary to establish that an 

employee contracted a covered illness under Part E of EEOICPA?



    To establish that an employee contracted a covered illness under 

Part E of the Act, the employee, or his or her survivor, must show one 

of the following:

    (a) That OWCP has determined under Part B of EEOICPA that the 

employee is a Department of Energy contractor employee as defined in 

Sec.  30.5(w), and that he or she has been awarded compensation under 

that Part of the Act for an occupational illness;

    (b) That the Attorney General has determined that the employee is 

entitled to payment of $100,000 as compensation due under section 5 of 

RECA for a claim made under that statute (however, if a deceased 

employee's survivor has been determined to be entitled to such an award, 

his or her survivor(s), if any, will only be entitled to benefits under 

Part E of EEOICPA in accordance with section 7385s-3 of the Act);

    (c) That the Secretary of Energy has accepted a positive 

determination of a Physicians Panel that the employee sustained an 

illness or died due to exposure to a toxic substance at a DOE facility 

under former section 7385o of EEOICPA, or that the Secretary of Energy 

has found significant evidence contrary to a negative determination of a 

Physicians Panel; or

    (d)(1) That the employee is a Department of Energy contractor 

employee as defined in Sec.  30.5(w), or an individual who was employed 

in a uranium mine or mill located in Colorado, New Mexico, Arizona, 

Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon or 

Texas at any time during the period from January 1, 1942 through 

December 31, 1971, or was employed in the transport of uranium ore or 

vanadium-uranium ore from such a mine or mill during that same period, 

and that he or she:

    (i) Has been diagnosed with an illness; and

    (ii) That it is at least as likely as not that exposure to a toxic 

substance at a Department of Energy facility or at a RECA section 5 

facility, as appropriate, was a significant factor in aggravating, 

contributing to, or causing the illness; and

    (iii) That it is at least as likely as not that the exposure to such 

toxic substance was related to employment at a Department of Energy 

facility or a RECA section 5 facility, as appropriate.



[[Page 101]]



    (2) In making the determination under paragraph (d)(1)(ii) of this 

section, OWCP will consider:

    (i) The nature, frequency and duration of exposure of the covered 

employee to the substance alleged to be toxic;

    (ii) Evidence of the carcinogenic or pathogenic properties of the 

alleged toxic substance to which the employee was exposed;

    (iii) An opinion of a qualified physician with expertise in 

treating, diagnosing or researching the illness claimed to be caused or 

aggravated by the alleged exposure; and

    (iv) Any other evidence that OWCP determines to have demonstrated 

relevance to the relation between a particular toxic substance and the 

claimed illness.