[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: 20CFR30.230]

[Page 100-101]
 
                      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.  30.230  What are the criteria necessary to establish that an employee 

contracted a covered illness under Part E of EEOICPA?

    To establish that an employee contracted a covered illness under 
Part E of the Act, the employee, or his or her survivor, must show one 
of the following:
    (a) That OWCP has determined under Part B of EEOICPA that the 
employee is a Department of Energy contractor employee as defined in 
Sec.  30.5(w), and that he or she has been awarded compensation under 
that Part of the Act for an occupational illness;
    (b) That the Attorney General has determined that the employee is 
entitled to payment of $100,000 as compensation due under section 5 of 
RECA for a claim made under that statute (however, if a deceased 
employee's survivor has been determined to be entitled to such an award, 
his or her survivor(s), if any, will only be entitled to benefits under 
Part E of EEOICPA in accordance with section 7385s-3 of the Act);
    (c) That the Secretary of Energy has accepted a positive 
determination of a Physicians Panel that the employee sustained an 
illness or died due to exposure to a toxic substance at a DOE facility 
under former section 7385o of EEOICPA, or that the Secretary of Energy 
has found significant evidence contrary to a negative determination of a 
Physicians Panel; or
    (d)(1) That the employee is a civilian Department of Energy 
contractor employee as defined in Sec.  30.5(w), or a civilian who was 
employed in a uranium mine or mill located in Colorado, New Mexico, 
Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, 
Oregon or Texas at any time during the period from January 1, 1942 
through December 31, 1971, or was employed in the transport of uranium 
ore or vanadium-uranium ore from such a mine or mill during that same 
period, and that he or she:
    (i) Has been diagnosed with an illness; and
    (ii) That it is at least as likely as not that exposure to a toxic 
substance at a Department of Energy facility or at a RECA section 5 
facility, as appropriate, was a significant factor in aggravating, 
contributing to, or causing the illness; and
    (iii) That it is at least as likely as not that the exposure to such 
toxic substance was related to employment at a Department of Energy 
facility or a RECA section 5 facility, as appropriate.

[[Page 101]]

    (2) In making the determination under paragraph (d)(1)(ii) of this 
section, OWCP will consider:
    (i) The nature, frequency and duration of exposure of the covered 
employee to the substance alleged to be toxic;
    (ii) Evidence of the carcinogenic or pathogenic properties of the 
alleged toxic substance to which the employee was exposed;
    (iii) An opinion of a qualified physician with expertise in 
treating, diagnosing or researching the illness claimed to be caused or 
aggravated by the alleged exposure; and
    (iv) Any other evidence that OWCP determines to have demonstrated 
relevance to the relation between a particular toxic substance and the 
claimed illness.