[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: 20CFR30.210]

[Page 96]
 
                      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 C_Eligibility Criteria
 
Sec.  30.210  What are the criteria for eligibility for benefits relating to 

radiogenic cancer?

    (a) To establish eligibility for benefits for radiogenic cancer 
under Part B of EEOICPA, an employee or his or her survivor must show 
that:
    (1) The employee has been diagnosed with one of the forms of cancer 
specified in Sec.  30.5(ff) of this part; and
    (i) Is a member of the Special Exposure Cohort (as described in 
Sec.  30.214(a) of this subpart) who, as a civilian DOE employee or 
civilian DOE contractor employee, contracted the specified cancer after 
beginning employment at a DOE facility; or
    (ii) Is a member of the Special Exposure Cohort (as described in 
Sec.  30.214(a) of this subpart) who, as a civilian atomic weapons 
employee, contracted the specified cancer after beginning employment at 
an atomic weapons employer facility (as defined in Sec.  30.5(e)); or
    (2) The employee has been diagnosed with cancer; and
    (i)(A) Is/was a civilian DOE employee who contracted that cancer 
after beginning employment at a DOE facility; or
    (B) Is/was a civilian DOE contractor employee who contracted that 
cancer after beginning employment at a DOE facility; or
    (C) Is/was a civilian atomic weapons employee who contracted that 
cancer after beginning employment at an atomic weapons employer 
facility; and
    (ii) The cancer was at least as likely as not related to the 
employment at the DOE facility or atomic weapons employer facility; or
    (3) The employee has been diagnosed with an injury, illness, 
impairment or disease that arose as a consequence of the accepted 
cancer.
    (b)(1) To establish eligibility for benefits for radiogenic cancer 
under Part E of EEOICPA, an employee or his or her survivor must show 
that:
    (i) The employee has been diagnosed with cancer; and
    (A) Is/was a civilian DOE contractor employee or a civilian RECA 
section 5 uranium worker who contracted that cancer after beginning 
employment at a DOE facility or a RECA section 5 facility; and
    (B) The cancer was at least as likely as not related to exposure to 
a toxic substance of a radioactive nature at a DOE facility or a RECA 
section 5 facility; and
    (C) It is at least as likely as not that the exposure to such toxic 
substance(s) was related to employment at a DOE facility or a RECA 
section 5 facility; or
    (ii) The employee has been diagnosed with an injury, illness, 
impairment or disease that arose as a consequence of the accepted 
cancer.
    (2) Eligibility for benefits for radiogenic cancer under Part E in a 
claim that has previously been accepted under Part B pursuant to the 
Special Exposure Cohort provisions is described in Sec.  30.230(a) of 
these regulations.