[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR30.101]

[Page 89-90]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
CHAPTER I--OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR
 
PART 30_CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL 
 
     Subpart B_Filing Claims; Evidence and Burden of Proof; Special 
                  Procedures for Certain Cancer Claims
 
Sec.  30.101  In general, how is a survivor's claim filed?

    (a) A survivor of an employee who sustained an occupational illness 
or a covered illness must file a claim for compensation in writing. Form 
EE-2 should be used for this purpose, but any written communication that 
requests survivor benefits under the Act will be considered a claim. It 
will, however, be necessary for a survivor to submit a Form EE-2 for 
OWCP to fully develop the claim. Copies of Form EE-2 may be obtained 
from OWCP or on the Internet at http://www.dol.gov/esa/regs/compliance/
owcp/eeoicp/main.htm. The survivor's claim must be filed with OWCP, but 
another person may do so on the survivor's behalf. Although only one 
survivor needs to file a claim under this section to initiate the 
development process, OWCP will distribute any monetary benefits payable 
on the claim among all eligible surviving beneficiaries who have filed 
claims with OWCP.
    (b) A survivor may choose, at his or her own option, to file for 
benefits for only certain conditions that are potentially compensable 
under the Act (e.g., the survivor may not want to claim for an 
occupational illness or a covered illness for which a payment has been 
received that would necessitate an offset of EEOICPA benefits under the 
provisions of Sec.  30.505(b) of these regulations). The survivor may 
withdraw his or her claim by so requesting in writing to OWCP at any 
time before OWCP determines his or her eligibility for benefits.
    (c) A survivor must be alive to receive any payment under EEOICPA; 
there is no vested right to such payment.
    (d) Except as provided in paragraph (e) of this section, a 
survivor's claim is considered to be ``filed'' on the date that the 
survivor mails his or her claim to OWCP, as determined by postmark, or 
the date that the claim is received by OWCP, whichever is the earliest 
determinable date. However, in no event will a survivor's claim under 
Part B of the Act be considered to be ``filed'' earlier than July 31, 
2001, nor will a survivor's claim under Part E of the Act be considered 
to be ``filed'' earlier than October 30, 2000.
    (1) The survivor, or the person filing the claim on behalf of the 
survivor, shall affirm that the information provided on the Form EE-2 is 
true, and must inform OWCP of any subsequent changes to that 
information.
    (2) Except for the survivor of a covered uranium employee claiming 
under Part B of the Act, the survivor is responsible for submitting, or 
arranging for the submission of, evidence to OWCP that establishes that 
the employee upon whom the survivor's claim is based was eligible for 
such benefits, including medical evidence that establishes that the 
employee sustained an occupational illness or a covered illness. This 
required medical evidence is described in Sec.  30.114 and does not 
refer to mere recitations by the survivor of symptoms the employee 
experienced that the survivor believes indicate that the employee 
sustained an occupational illness or a covered illness.
    (e) For those claims under Part E of EEOICPA that were originally 
filed with DOE as claims for assistance under former section 7385o of 
EEOICPA (which was repealed on October 28, 2004), a claim is considered 
to be ``filed'' on the date that the survivor mailed his or her claim to 
DOE, as determined by postmark, or on the date that the claim was 
received by DOE, whichever is the earliest determinable date. However, 
in no event will a claim referred to in this paragraph be considered to 
be ``filed'' earlier than October 30, 2000.
    (f) A spouse or a child of a deceased DOE contractor employee or 
RECA section 5 uranium worker, who is not a covered spouse or covered 
child under Part E, may submit a written request to OWCP for a 
determination of whether that deceased DOE contractor employee or RECA 
section 5 uranium worker contracted a covered illness under section 
7385s-4(d) of EEOICPA.
    (1) Any such request submitted pursuant to paragraph (f) of this 
section will not be considered a survivor's claim for benefits under 
Part E of the Act.
    (2) As part of its consideration of any request submitted pursuant 
to paragraph (f) of this section, OWCP will apply the eligibility 
criteria in subpart

[[Page 90]]

C of this part. However, the adjudicatory procedures contained in 
subpart D of this part will not apply to OWCP's consideration of such a 
request, and OWCP's response to the request will not constitute a final 
agency decision on entitlement to any benefits under EEOICPA.