[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: 20CFR30.3]



[Page 82-83]

 

                      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 A_General Provisions

 

Sec.  30.3  What do these regulations contain?



    This part 30 sets forth the regulations governing administration of 

all claims that are filed with OWCP, except to the extent specified in 

certain provisions. Its provisions are intended to assist persons 

seeking benefits under EEOICPA, as well as personnel in the various 

federal agencies and DOL who process claims filed under EEOICPA or who 

perform administrative functions with respect to EEOICPA. The various 

subparts of this part contain the following:

    (a) Subpart A: The general statutory and administrative framework 

for processing claims under both Parts B and E of EEOICPA. It contains a 

statement of purpose and scope, together with definitions of terms, 

information regarding the disclosure of OWCP records, and a description 

of rights and penalties involving EEOICPA claims, including convictions 

for fraud.

    (b) Subpart B: The rules for filing claims for entitlement under



[[Page 83]]



EEOICPA. It also addresses general standards regarding necessary 

evidence and the burden of proof, descriptions of basic forms and 

special procedures for certain cancer claims.

    (c) Subpart C: The eligibility criteria for occupational illnesses 

and covered illnesses compensable under Parts B and E of EEOICPA.

    (d) Subpart D: The rules governing the adjudication process leading 

to recommended and final decisions on claims for entitlement filed under 

Parts B and E of EEOICPA. It also describes the hearing and reopening 

processes.

    (e) Subpart E: The rules governing medical care, second opinion and 

referee medical examinations directed by OWCP as part of its 

adjudication of entitlement, and medical reports and records in general. 

It also addresses the kinds of medical treatment that may be authorized 

and how medical bills are paid.

    (f) Subpart F: The rules relating to the payment of monetary 

compensation available under Parts B and E of EEOICPA. It includes 

provisions on medical monitoring for beryllium sensitivity, on the 

identification, processing and recovery of overpayments of compensation, 

and on the maximum aggregate amount of compensation payable under Part 

E.

    (g) Subpart G: The rules concerning the representation of claimants 

in connection with the administrative adjudication of claims before 

OWCP, subrogation of the United States, the effect of tort suits against 

beryllium vendors and atomic weapons employers, and the coordination of 

benefits under Part E of EEOICPA with state workers' compensation 

benefits for the same covered illness.

    (h) Subpart H: Information for medical providers. It includes rules 

for medical reports, medical bills, and the OWCP medical fee schedule, 

as well as the provisions for exclusion of medical providers.

    (i) Subpart I: The rules relating to the adjudication of alleged 

periods of wage-loss of covered Part E employees. It also includes 

provisions on the use by OWCP of Social Security Administration earnings 

information and certain medical evidence to establish compensable wage-

loss.

    (j) Subpart J: The rules relating to the adjudication of alleged 

impairment due to the exposure of covered Part E employees to toxic 

substances. It includes provisions relating to the medical evaluation of 

ratable impairments, the rating of progressive conditions, 

apportionment, and qualifications of physicians.



                               Definitions