[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: 20CFR30.221]

[Page 99]
 
                      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.  30.221  How does a claimant prove exposure to silica in the performance 

of duty?

    (a) Proof of the employee's employment and presence for the 
requisite days during the mining of tunnels at a DOE facility located in 
Nevada or Alaska for tests or experiments related to an atomic weapon 
may be made by the submission of any trustworthy records that, on their 
face or in conjunction with other such records, establish that the 
employee was so employed and present at these sites and the time 
period(s) of such employment and presence.
    (b) If the evidence shows that exposure occurred while the employee 
was employed and present at a facility during a time frame that is 
outside the relevant time frame indicated for that facility, OWCP may 
request that DOE provide additional information on the facility. OWCP 
will determine whether the evidence of record supports enlarging the 
relevant time frame for that facility.
    (c) Records from the following sources may be considered as evidence 
for purposes of establishing proof of employment or presence at a 
covered facility:
    (1) Records or documents created by any federal government agency 
(including verified information submitted for security clearance), any 
tribal government, or any state, county, city or local government 
office, agency, department, board or other entity, or other public 
agency or office.
    (2) Records or documents created as a byproduct of any regularly 
conducted business activity or by an entity that acted as a contractor 
or subcontractor to the DOE.
    (d) For purposes of satisfying the 250 workday requirement of Sec.  
30.220(a), the claimant may aggregate the days of service at more than 
one qualifying site.