[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: 20CFR30.114]

[Page 93]
 
                      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.  30.114  What kind of evidence is needed to establish a compensable 

medical condition and how will that evidence be evaluated?

    (a) Evidence of a compensable medical condition may include: a 
physician's report, laboratory reports, hospital records, death 
certificates, x-rays, magnetic resonance images or reports, computer 
axial tomography or other imaging reports, lymphocyte proliferation 
testings, beryllium patch tests, pulmonary function or exercise testing 
results, pathology reports including biopsy results and other medical 
records. A claimant is not required to submit all of the evidence listed 
in this paragraph. A claimant may submit other evidence that is not 
listed in this paragraph to establish a compensable medical condition. 
Nothing in this section shall be construed to limit OWCP's ability to 
require additional documentation.
    (b) The medical evidence submitted will be used to establish the 
diagnosis and the date of diagnosis of the compensable medical 
condition.
    (1) For covered beryllium illnesses, additional medical evidence, as 
set forth in Sec.  30.207, is required to establish a beryllium illness.
    (2) For chronic silicosis, additional medical evidence, as set forth 
in Sec.  30.222, is required to establish chronic silicosis.
    (3) For consequential injuries, illnesses, impairments or diseases, 
the claimant must also submit a physician's fully rationalized medical 
report showing a causal relationship between the resulting injury, 
illness, impairment or disease and the compensable medical condition.
    (c) OWCP will evaluate the medical evidence in accordance with 
recognized and accepted diagnostic criteria used by physicians to 
determine whether the claimant has established the medical condition for 
which compensation is sought in accordance with the requirements of the 
Act.

         Special Procedures for Certain Radiogenic Cancer Claims