[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: 20CFR30.112]

[Page 92]
 
                      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.  30.112  What kind of evidence is needed to establish covered employment 

and how will that evidence be evaluated?

    (a) Evidence of covered employment may include: employment records; 
pay stubs; tax returns; Social Security records; and written affidavits 
or declarations, subject to penalty of perjury, by the employee, 
survivor or any other person. However, no one document is required to 
establish covered employment and a claimant is not required to submit 
all of the evidence listed above. A claimant may submit other evidence 
not listed above to establish covered employment. To be acceptable as 
evidence, all documents and records must be legible. OWCP will accept 
photocopies, certified copies, and original documents and records.
    (b) Pursuant to Sec. Sec.  30.105 and/or 30.106, DOE or another 
entity verifying alleged employment shall certify that it concurs with 
the employment information provided by the claimant, that it disagrees 
with the information provided by the claimant, or, after a reasonable 
search of its records and a reasonable effort to locate pertinent 
records not already in its possession, it can neither concur nor 
disagree with the information provided by the claimant.
    (1) If DOE or another entity certifies that it concurs with the 
employment information provided by the claimant, then the criterion for 
covered employment will be established.
    (2) If DOE or another entity certifies that it disagrees with the 
information provided by the claimant or that after a reasonable search 
of its records and a reasonable effort to locate pertinent records not 
already in its possession it can neither concur nor disagree with the 
information provided by the claimant, OWCP will evaluate the evidence 
submitted by the claimant to determine whether the claimant has 
established covered employment by a preponderance of the evidence. OWCP 
may request additional evidence from the claimant to demonstrate that 
the claimant has met the criterion for covered employment. Nothing in 
this section shall be construed to limit OWCP's ability to require 
additional documentation.
    (3) If the only evidence of covered employment is a self-serving 
affidavit and DOE or another entity either disagrees with the assertion 
of covered employment or cannot concur or disagree with the assertion of 
covered employment, then OWCP may reject the claim based upon a lack of 
evidence of covered employment.