[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: 20CFR30.102]

[Page 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.  30.102  In general, how does an employee file a claim for additional 

impairment or wage-loss under Part E of EEOICPA?

    (a) An employee previously awarded impairment benefits by OWCP may 
file a claim for additional impairment benefits. Such claim must be 
based on an increase in the employee's minimum impairment rating 
attributable to the covered illness or illnesses from the impairment 
rating that formed the basis for the last award of such benefits by 
OWCP. OWCP will only adjudicate claims for such an increased rating that 
are filed at least two years from the date of the last award of 
impairment benefits. However, OWCP will not wait two years before it 
will adjudicate a claim for additional impairment that is based on an 
allegation that the employee sustained a new covered illness.
    (b) An employee previously awarded wage-loss benefits by OWCP may be 
eligible for additional wage-loss benefits for periods of wage-loss that 
were not addressed in a prior claim only if the employee had not reached 
his or her Social Security retirement age at the time of the prior 
award. OWCP will adjudicate claims filed on a yearly basis in connection 
with each succeeding calendar year for which qualifying wage-loss under 
Part E is alleged, as well as claims that aggregate calendar years for 
which qualifying wage-loss is alleged.
    (c) Employees should use Form EE-10 to claim for additional 
impairment or wage-loss benefits under Part E of EEOICPA.
    (1) The employee, or the person filing the claim on behalf of the 
employee, shall affirm that the information provided on Form EE-10 is 
true, and must inform OWCP of any subsequent changes to that 
information.
    (2) The employee is responsible for submitting with any claim filed 
under this section, or arranging for the submission of, factual and 
medical evidence establishing that he or she experienced another 
calendar year of qualifying wage-loss, and/or medical evidence 
establishing that he or she has an increased minimum impairment rating, 
as appropriate.