[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: 20CFR30.115]

[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.  30.115  For those radiogenic cancer claims that do not seek benefits 

under Part B of the Act pursuant to the Special Exposure Cohort provisions, 

what will OWCP do once it determines that an employee contracted cancer?

    (a) Other than claims for a non-radiogenic cancer listed by HHS at 
42 CFR 81.30, or claims seeking benefits under Part E of the Act that 
have previously been accepted under section 7384u of the Act, or claims 
previously accepted under Part B pursuant to the Special Exposure Cohort 
provisions, OWCP will forward the claim package (including, but not 
limited to, Forms EE-1, EE-2, EE-3, EE-4 and EE-5, as appropriate) to 
HHS for dose reconstruction. At that point in time, development of the 
claim by OWCP may be suspended.
    (1) This package will include OWCP's initial findings in regard to 
the diagnosis and date of diagnosis of the employee, as well as any 
employment history compiled by OWCP (including information such as dates 
and locations worked, and job titles). The package, however, will not 
constitute either a recommended or final decision by OWCP on the claim.
    (2) HHS will then reconstruct the radiation dose of the employee, 
after such further development of the employment history as it may deem 
necessary, and provide OWCP, DOE and the claimant with the final dose 
reconstruction report. The final dose reconstruction record will be 
delivered to OWCP with the final dose reconstruction report and to the 
claimant upon request.
    (b) Following its receipt of the reconstructed dose from HHS, OWCP 
will resume its adjudication of the cancer claim and consider whether 
the claimant has met the eligibility criteria set forth in subpart C of 
this part. However, during the period before it receives a reconstructed 
dose from HHS, OWCP may continue to develop other aspects of a claim, to 
the extent that it deems such development to be appropriate.

[[Page 94]]