[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: 20CFR30.213]

[Page 97-98]
 
                      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.  30.213  How does a claimant establish that the radiogenic cancer was at 

least as likely as not related to employment at the DOE facility, the atomic 

weapons employer facility, or the RECA section 5 facility?

    (a) HHS, with the advice of the Advisory Board on Radiation and 
Worker Health, has issued regulatory guidelines at 42 CFR part 81 that 
OWCP uses to determine whether radiogenic cancers claimed under Parts B 
and E were at least as likely as not related to employment at a DOE 
facility, an atomic weapons employer facility, or a RECA section 5 
facility, as appropriate. Persons should consult HHS's regulations for 
information regarding the factual evidence that will be considered by 
OWCP, in addition to the employee's radiation dose reconstruction that 
will be provided to OWCP by HHS, in making this particular factual 
determination.
    (b) HHS's regulations satisfy the legal requirements in section 
7384n(c) of the Act, which also sets out OWCP's obligation to use them 
in its adjudication of claims for radiogenic cancer filed under Part B 
of the Act, and provide the factual basis for OWCP to determine if the 
``probability of causation'' (PoC) that an employee's cancer was 
sustained in the performance of duty is 50% or greater (i.e., it is ``at 
least as likely as not'' causally related to employment), as required 
under section 7384n(b).
    (c) OWCP also uses HHS's regulations when it makes the determination 
required by section 7385s-4(c)(1)(A) of the Act, since those regulations 
provide the factual basis for OWCP to determine if ``it is at least as 
likely as not'' that exposure to radiation at a DOE facility or RECA 
section 5 facility, as appropriate, was a significant factor in 
aggravating, contributing to, or causing the employee's radiogenic 
cancer claimed under Part E. For cancer claims under Part E, if the PoC 
is less

[[Page 98]]

than 50% and the claimant alleges that the employee was exposed to 
additional toxic substances, OWCP will determine if the claim is 
otherwise compensable pursuant to Sec.  30.230(d) of this part.