[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: 20CFR30.232]



[Page 101-102]

 

                      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.  30.232  How does a claimant establish that the employee has been 

diagnosed with a covered illness, or sustained an injury, illness, 

impairment or disease as a consequence of a covered illness?



    (a) To establish that the employee has been diagnosed with a covered 

illness as required by Sec.  30.230(d), the employee, or his or her 

survivor(s), must provide the following:

    (1) The name and address of any licensed physician who is the source 

of a diagnosis based upon documented medical information that the 

employee has or had an illness and that the illness may have resulted 

from exposure to a toxic substance while the employee was employed at a 

DOE facility or a RECA section 5 facility, as appropriate, and, to the 

extent practicable, a copy of the diagnosis and a summary of the 

information upon which the diagnosis is based; and

    (2) A signed medical release, authorizing the release of any 

diagnosis, medical opinion and medical records documenting the diagnosis 

or opinion that the employee has or had an illness and that the illness 

may have resulted from exposure to a toxic substance while the employee 

was employed at a DOE facility or RECA section 5 facility, as 

appropriate; and

    (3) To the extent practicable and appropriate, an occupational 

history obtained by a physician, an occupational health professional, or 

a DOE-sponsored Former Worker Program (if such an occupational history 

is not reasonably available or is inadequate, and such history is deemed 

by OWCP to be needed for the fair adjudication of the claim, then OWCP 

may assist the claimant in developing this history); and

    (4) Any other information or materials deemed by OWCP to be 

necessary to provide reasonable evidence that the employee has or had an 

illness that may have arisen from exposure to a toxic substance while 

employed at a DOE facility or RECA section 5 facility, as appropriate.

    (b) The employee, or his or her survivor(s), may also submit to OWCP 

other evidence not described in paragraph (a) of this section showing 

that the employee has or had an illness that resulted from an exposure 

to a toxic substance during the course of employment at either a DOE 

facility or a RECA section 5 facility, as appropriate.

    (c) An injury, illness, impairment or disease sustained as a 

consequence of a covered illness (as defined in Sec.  30.5(r)) must be 

established with a fully rationalized medical report by a physician



[[Page 102]]



that shows the relationship between the injury, illness, impairment or 

disease and the covered illness. Neither the fact that the injury, 

illness, impairment or disease manifests itself after a diagnosis of a 

covered illness, nor the belief of the claimant that the injury, 

illness, impairment or disease was caused by the covered illness, is 

sufficient in itself to prove a causal relationship.