[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: 20CFR30.303]



[Page 103]

 

                      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 D_Adjudicatory Process

 

Sec.  30.303  What information may OWCP request in connection with a claim 

under Part E of EEOICPA?



    At any time during the course of development of a claim for benefits 

under Part E, OWCP may determine that it needs relevant information to 

adjudicate the claim. When this occurs, and at the request of OWCP, DOE 

and/or any contractor who employed a Department of Energy contractor 

employee must provide to OWCP information or documents in response to 

the request in connection with a claim under Part E of EEOICPA.

    (a) The party to whom the request is made must respond to OWCP 

within 60 days of the request with either:

    (1) The requested information or documents; or

    (2) A sworn statement that a good faith search for the requested 

information or documents was conducted, and that the information or 

documents could not be located.

    (b) DOE and/or the DOE contractor who employed a Department of 

Energy contractor employee must query third parties under its control to 

acquire the requested information or documents.

    (c) In providing the requested information or documents, DOE and/or 

the DOE contractor who employed a DOE contractor employee must preserve 

the current organization of the requested information or documents, and 

must provide such description and indexing of the requested information 

or documents as OWCP considers appropriate to facilitate their use by 

OWCP.

    (d) Information or document requests may include, but are not 

limited to, requests for records, files and other data, whether paper, 

electronic, imaged or otherwise, developed, acquired or maintained by 

DOE or the DOE contractor who employed a DOE contractor employee. Such 

information or documents may include records, files and data on facility 

industrial hygiene, employment of individuals or groups, exposure and 

medical records, and claims applications.



                     Recommended Decisions on Claims