Energy Employees Occupational Illness Compensation (17.310)

Program

17.310 Energy Employees Occupational Illness Compensation

Federal Agency

Agency: Department of Labor
Office: Employment Standards Administration

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 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 calendar 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 either 10 or 20 calendar years of qualifying 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 (or their eligible survivors) 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

Credentials/Documentation

Necessary documentation is developed when claim is filed with the program. This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. 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

> 180 Days.

Appeals

From 120 to 180 days. 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

Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.

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. Method of awarding/releasing assistance: lump sum.

Post Assistance Requirements

Reports

Audits

No audits are required for this program.

Records

Not applicable.

Program Accomplishments

Not Applicable.

Financial Information

Account Identification

16-1523-0-1-053.

Obligations

(Direct Payments with Unrestricted Use) FY 08 $1,072,796,000; FY 09 est $1,101,192,000; FY 10 est $950,505,000

Range and Average of Financial Assistance

Maximum montetary 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

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices. Persons are encouraged to communicate with the district offices of the Office of Workers' Compensation Programs (OWCP), Division of Energy Employees Occupational Illness Compensation (DEEOIC).

Headquarters Office

Rachel Leiton, Office of Workers' Compensation Programs, Division of Energy Employees Occupational Illness Compensation, 200 Constitution Avenue NW, Washington, District of Columbia 20210 Email: DEEOIC-PUBLIC@dol.gov Phone: (202) 693-0081

Web Site Address

http://www.dol.gov.

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.