Energy Employees Occupational Illness Compensation (17.310)
Program
17.310 Energy Employees Occupational Illness Compensation
Federal Agency
OFFICE OF WORKERS' COMPENSATION PROGRAMS, EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR
Authorization
Energy Employees Occupational Illness Compensation Program Act of 2000, as amended; 42 U.S.C. 7384 et seq.
Program Number
17.310
Last Known Status
Active
Objectives
Part B provides lump-sum monetary payments of and medical benefits to covered employees and, where applicable, to survivors of such employees, of the Department of Energy (DOE), its predecessor agencies and certain of its vendors, contractors and subcontractors. Part B also provides lump-sum payments and medical benefits to individuals found eligible by the Department of Justice (DOJ) under section 5 of the Radiation Exposure Compensation Act (RECA) and, where applicable, to their survivors. Part E of the Act provides variable lump-sum payments (based on a worker's permanent impairment and/or years of qualifying wage-loss) and medical benefits for covered DOE contractor employees and, where applicable, provides variable lump-sum payments to survivors of such employees (based on a worker's death due to a covered illness and any years of established wage-loss). Part E also provides these same payments and benefits to uranium miners, millers and ore transporters covered by section 5 of RECA and, where applicable, to survivors of such employees.
Types of Assistance
Direct Payments with Unrestricted Use.
Uses and Use Restrictions
This program provides lump-sum monetary payments to employees and former employees as compensation for occupational illnesses under Part B, and covered illnesses under Part E; medical expenses (including hospital care). Benefits are paid from a mandatory appropriation of Federal funds.
Eligibility Requirements
Applicant Eligibility
Employees and, where applicable, to survivors of such employees, of the Department of Energy (DOE), its predecessor agencies, certain of its vendors, contractors and subcontractors, and uranium miners, millers and ore transporters covered by section 5 of RECA, who are or were engaged in covered employment related to the testing or production of nuclear weapons.
Beneficiary Eligibility
Employees and, where applicable, to survivors of such employees, of the Department of Energy (DOE), its predecessor agencies, certain of its vendors, contractors and subcontractors, and uranium miners, millers and ore transporters covered by section 5 of RECA, who are or were engaged in covered employment related to the testing or production of nuclear weapons.
Credentials/Documentation
Necessary documentation is developed when claim is filed with the program.
Application and Award Process
Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.
Application Procedure
Employee or his or her survivor(s) files written claim for compensation (Form EE-1 or EE-2) with the local district office of the Office of Workers' Compensation Programs (OWCP), or with a Resource Center.
Award Procedure
Authority to issue recommended decisions under this program rests with the District Director in OWCP district offices. Authority to issue final decisions rests with the Final Adjudication Branch.
Deadlines
Not applicable.
Range of Approval/Disapproval Time
Appeals
Request for review of or hearing on a recommended decision must be made within 60 days. Request for reconsideration of a final agency decision must be filed within 30 days of issuance of the final decision. Request to reopen claim after issuance of a final decision may be made at any time, if supported by material evidence.
Renewals
Not applicable.
Assistance Considerations
Formula and Matching Requirements
Not applicable.
Length and Time Phasing of Assistance
Benefits are not length-based. Maximum monetary lump-sum payment under Part B is $150,000 per covered employee; maximum monetary lump-sum payment under Part E is $250,000 per covered employee. No limitation on payment of medical expenses.
Post Assistance Requirements
Reports
Not applicable.
Audits
Not applicable.
Records
Not applicable.
Program Accomplishments
The program currently receives on average 20,000 new claims per year from employees (or their survivors) of DOE, its predecessor agencies, certain of its vendors, contractors and subcontractors, and uranium miners, millers and ore transporters covered by section 5 of RECA, who are or were engaged in covered employment related to the testing or production of nuclear weapons.
Financial Information
Account Identification
16-1523-0-1-053.
Obligations
(Benefits) FY 05 618, 000,000 FY 06 est $870.000,000; and FY 07 est $1.123,000,000; 036,000.
Range and Average of Financial Assistance
Maximum monetary lump-sum payment under Part B is $150,000 per covered employee; maximum monetary lump-sum payment under Part E is $250,000 per covered employee. No limitation on payment of medical expenses.
Regulations, Guidelines and Literature
Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act, 20 CFR part 30, are available on the Internet at http://www.dol.gov, or from OWCP.
Related Programs
None.
Information Contacts
Regional or Local Office
Persons are encouraged to communicate with the district offices of the Office of Workers' Compensation Programs. See Appendix IV of the Catalog for addresses and areas of jurisdiction listed under Employment Standards Administration.
Headquarters Office
Office of Workers' Compensation Programs, Division of Energy Employees Occupational Illness Compensation, Washington, DC 20210. Telephone: (202)693-0081. Contact: Peter Turcic.
Web Site Address
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Not applicable.
