[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: 20CFR30.232]

[Page 101-102]
 
                      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.  30.232  How does a claimant establish that the employee has been 

diagnosed with a covered illness, or sustained an injury, illness, impairment 

or disease as a consequence of a covered illness?

    (a) To establish that the employee has been diagnosed with a covered 
illness as required by Sec.  30.230(d), the employee, or his or her 
survivor(s), must provide the following:
    (1) The name and address of any licensed physician who is the source 
of a diagnosis based upon documented medical information that the 
employee has or had an illness and that the illness may have resulted 
from exposure to a toxic substance while the employee was employed at a 
DOE facility or a RECA section 5 facility, as appropriate, and, to the 
extent practicable, a copy of the diagnosis and a summary of the 
information upon which the diagnosis is based; and
    (2) A signed medical release, authorizing the release of any 
diagnosis, medical opinion and medical records documenting the diagnosis 
or opinion that the employee has or had an illness and that the illness 
may have resulted from exposure to a toxic substance while the employee 
was employed at a DOE facility or RECA section 5 facility, as 
appropriate; and
    (3) To the extent practicable and appropriate, an occupational 
history obtained by a physician, an occupational health professional, or 
a DOE-sponsored Former Worker Program (if such an occupational history 
is not reasonably available or is inadequate, and such history is deemed 
by OWCP to be needed for the fair adjudication of the claim, then OWCP 
may assist the claimant in developing this history); and
    (4) Any other information or materials deemed by OWCP to be 
necessary to provide reasonable evidence that the employee has or had an 
illness that may have arisen from exposure to a toxic substance while 
employed at a DOE facility or RECA section 5 facility, as appropriate.
    (b) The employee, or his or her survivor(s), may also submit to OWCP 
other evidence not described in paragraph (a) of this section showing 
that the employee has or had an illness that

[[Page 102]]

resulted from an exposure to a toxic substance during the course of 
employment at either a DOE facility or a RECA section 5 facility, as 
appropriate.
    (c) An injury, illness, impairment or disease sustained as a 
consequence of a covered illness (as defined in Sec.  30.5(r)) must be 
established with a fully rationalized medical report by a physician that 
shows the relationship between the injury, illness, impairment or 
disease and the covered illness. Neither the fact that the injury, 
illness, impairment or disease manifests itself after a diagnosis of a 
covered illness, nor the belief of the claimant that the injury, 
illness, impairment or disease was caused by the covered illness, is 
sufficient in itself to prove a causal relationship.