energy employees occupational illness compensation program
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Energy Employees Occupational Illness Compensation Program. Town Hall Meeting Amarillo, Texas March 2012. Administration of the EEOICPA. Part B (October 2000) Part E (October 2004) Agencies: Department of Labor (DOL) Department of Energy (DOE) - PowerPoint PPT PresentationTRANSCRIPT
Energy Employees Energy Employees Occupational Occupational
Illness Compensation Illness Compensation ProgramProgram
Town Hall MeetingTown Hall MeetingAmarillo, TexasAmarillo, Texas
March 2012March 2012
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Administration of the Administration of the EEOICPAEEOICPA
Part BPart B (October 2000) (October 2000) Part E Part E (October 2004)(October 2004)
Agencies:Agencies: Department of Labor (DOL)Department of Labor (DOL) Department of Energy (DOE)Department of Energy (DOE) Department of Health and Human Department of Health and Human
Services (HHS)Services (HHS) National Institute for Occupational Safety and National Institute for Occupational Safety and
Health (NIOSH)Health (NIOSH) Department of Justice (DOJ)Department of Justice (DOJ)
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EEOICPA CompensationEEOICPA Compensation
$7.8 Billion Total $7.8 Billion Total Compensation Compensation
$4.25 Billion Part $4.25 Billion Part BB
$2.55 Billion Part $2.55 Billion Part EE
$1 Billion Medical $1 Billion Medical
Data as of March 04, 2012
PART E33%
MEDICAL13%
PART B54%
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Pantex Plant Pantex Plant Compensation Compensation
$47.6 Million Total $47.6 Million Total Compensation Compensation
$21.9 Million Part $21.9 Million Part BB
$17.2 Million Part $17.2 Million Part EE
$8.5 Million $8.5 Million Medical Medical
Data as of March 04, 2012
PART B46%
MEDICAL18%
PART E36%
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Part B: Who’s Eligible?Part B: Who’s Eligible?
Covered EmployeesCovered Employees
DOE employees or its DOE employees or its contractors/subcontractocontractors/subcontractorsrs
Atomic Weapons Atomic Weapons Employers (AWE)Employers (AWE)
Eligible SurvivorsEligible Survivors
Surviving spouse Surviving spouse Children – Regardless of Children – Regardless of
age age ParentsParents
Beryllium vendors Beryllium vendors (BV)(BV)
RECA Section 5 RECA Section 5 awardeesawardees
Grandchildren Grandchildren GrandparentsGrandparents
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Part B: Covered Part B: Covered ConditionsConditions
Radiation induced cancer Radiation induced cancer Special Exposure Cohort (SEC)Special Exposure Cohort (SEC) Probability of Causation (PoC) Probability of Causation (PoC)
Beryllium DiseaseBeryllium Disease Chronic Silicosis (for miners in Chronic Silicosis (for miners in
Nevada and Alaska)Nevada and Alaska) ““Supplement” for RECA Supplement” for RECA
Section 5 awardees Section 5 awardees
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Part B: Dose Part B: Dose Reconstruction & Reconstruction &
Probability of CausationProbability of Causation Dose ReconstructionDose Reconstruction
Conducted by NIOSHConducted by NIOSH Level and extent of occupational Level and extent of occupational
radiation dose radiation dose
Probability of Causation (PoC)Probability of Causation (PoC) Scientific calculation of likelihood that Scientific calculation of likelihood that
radiation exposure caused cancerradiation exposure caused cancer NIOSH-IREPNIOSH-IREP PoC - 50% or greater for award PoC - 50% or greater for award
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Part B: Special Exposure Part B: Special Exposure CohortCohort
HHS Designation HHS Designation Presumption – occupational radiation caused Presumption – occupational radiation caused
cancer cancer
Employment Employment Worked particular location or specific Worked particular location or specific
process process Work day requirement – 250 work days Work day requirement – 250 work days
““Specified” Cancer Specified” Cancer 22 cancers 22 cancers named in lawnamed in law
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Part B: Adding New SEC Part B: Adding New SEC Classes Classes
NIOSH designates new SEC classes NIOSH designates new SEC classes Worker Petition or Agency Decision Worker Petition or Agency Decision Advisory Board Assistance Advisory Board Assistance 4 statutory SEC classes (3 GDPs + 4 statutory SEC classes (3 GDPs +
Amchitka)Amchitka) As of March 4, 2012, HHS has As of March 4, 2012, HHS has
designated 85 additional SEC classesdesignated 85 additional SEC classes
DOL administers SEC cases DOL administers SEC cases No role in designation No role in designation
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Pantex Plant SEC Class:Pantex Plant SEC Class:Effective January 20, 2012Effective January 20, 2012
Qualifying Employment: Qualifying Employment: DOE employees (or employees of predecessor DOE employees (or employees of predecessor
agency – AEC)agency – AEC) DOE contractors and subcontractorsDOE contractors and subcontractors
Worked at the Pantex Plant in Amarillo, Worked at the Pantex Plant in Amarillo, Texas, 250 work days from January 1, 1958 Texas, 250 work days from January 1, 1958 through December 31, 1983through December 31, 1983 Includes all areas and workers employed at the Includes all areas and workers employed at the
Pantex PlantPantex Plant The 250 work day calculation includes time spent The 250 work day calculation includes time spent
at the Pantex Plant from January 1, 1958 through at the Pantex Plant from January 1, 1958 through December 31, 1983 , combined with work days December 31, 1983 , combined with work days within the parameters established for one or more within the parameters established for one or more other classes of employees included in the SEC. other classes of employees included in the SEC.
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Pantex Plant OperationsPantex Plant Operations
Designated DOE facility Designated DOE facility DOE Operations DOE Operations
Contractors Contractors Proctor & Gamble (1951 – 1956)Proctor & Gamble (1951 – 1956) Mason & Hanger-Silas Mason (1956 – Mason & Hanger-Silas Mason (1956 –
2000)2000) BWXT Pantex (2001 – Present)BWXT Pantex (2001 – Present)
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Employment Verification Employment Verification
DOL Assistance – establishing DOL Assistance – establishing qualifying employment at the qualifying employment at the Pantex Plant Pantex Plant DOE/corporate records – DOE/corporate records –
employment/medical employment/medical SSA earnings statementsSSA earnings statements Center for Construction Research Center for Construction Research
and Training (formerly CPWR) – and Training (formerly CPWR) – union records search union records search
Subcontractor databaseSubcontractor database
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Pantex Claim Reviews Pantex Claim Reviews
Claims reviewed for SEC inclusion:Claims reviewed for SEC inclusion: Pending dose reconstruction at time of Pending dose reconstruction at time of
SEC class SEC class Previously denied for POC <50%Previously denied for POC <50%
Potentially affected cases identified Potentially affected cases identified – tracked to resolution – tracked to resolution
Goals for each new SEC class to Goals for each new SEC class to prioritize SEC acceptanceprioritize SEC acceptance
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Part E: Illness from Toxic Part E: Illness from Toxic Exposure Exposure
Eligible Covered EmployeesEligible Covered Employees DOE contractor or subcontractor employees DOE contractor or subcontractor employees Does NOT include AWE and BV workers Does NOT include AWE and BV workers
Eligible SurvivorsEligible Survivors Surviving Spouse Surviving Spouse Employee’s Children, if no surviving spouse, and if at Employee’s Children, if no surviving spouse, and if at
the time of the employee’s death the child was:the time of the employee’s death the child was: Under the age of 18Under the age of 18 Under the age of 23 and a full-time student, Under the age of 23 and a full-time student,
continuously enrolled in an educational institution continuously enrolled in an educational institution since age 18since age 18
Any age if incapable of self support Any age if incapable of self support
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Part E: Means of VerifyingPart E: Means of Verifying Toxic Exposure Toxic Exposure
DOL Resource Centers DOL Resource Centers Occupational History Questionnaires Occupational History Questionnaires
(OHQ)(OHQ) Site Exposure Matrices (SEM)Site Exposure Matrices (SEM)
Identifies toxic substances related to labor Identifies toxic substances related to labor categories, processes, buildings, and major categories, processes, buildings, and major incidents incidents
Website available at Website available at www.sem.dol.gov DOE Document Acquisition Request DOE Document Acquisition Request
(DAR)(DAR) Claimant RecordsClaimant Records
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Part E: Employee Impairment Part E: Employee Impairment
Determination of % permanent Determination of % permanent whole person impairment due to whole person impairment due to covered illness covered illness
AMA’s Guides to the Evaluation of AMA’s Guides to the Evaluation of Permanent Impairment, 5Permanent Impairment, 5thth Edition Edition
$2,500 awarded for each % of $2,500 awarded for each % of impairmentimpairment
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Part E: Employee Wage Loss Part E: Employee Wage Loss Medical evidence must show Medical evidence must show
decreased capacity to work decreased capacity to work
Employee Compensation:Employee Compensation:
Any year <50% of the pre-disability Any year <50% of the pre-disability annual wage = $15,000 compensation annual wage = $15,000 compensation
Any year > 50% but <75% of the pre-Any year > 50% but <75% of the pre-disability annual wage = $10,000 disability annual wage = $10,000 compensationcompensation
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BenefitsBenefits
Part BPart B Part EPart E
$150,000$150,000 $2,500 per % $2,500 per % ImpairmentImpairment
$50,000 RECA$50,000 RECA
Annual Wage Loss Annual Wage Loss $10,000-$15,000$10,000-$15,000
$125,000 – $125,000 – $175,000 Survivor$175,000 Survivor
Medical Care for Accepted Condition (s)Medical Care for Accepted Condition (s)
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Decision Process Decision Process Recommended Decision – District Office Recommended Decision – District Office
Preliminary determination Preliminary determination Cover letter, decision, and rights to object Cover letter, decision, and rights to object
(oral hearing/review of written record)(oral hearing/review of written record) Final Decision – Final Adjudication Final Decision – Final Adjudication
Branch (FAB)Branch (FAB) Affirmation of recommended decision or Affirmation of recommended decision or
remand based on objection/independent remand based on objection/independent review review
Claimant Rights – Reconsideration, Claimant Rights – Reconsideration, Reopening, & District CourtReopening, & District Court
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Claimant Responsibilities Claimant Responsibilities
File Claim File Claim Collect/Copy/Submit relevant Collect/Copy/Submit relevant
records records Respond to information requests Respond to information requests Talk to co-workers – get affidavits Talk to co-workers – get affidavits Seek assistance if you need help – Seek assistance if you need help –
call Resource Center call Resource Center Review decision and information Review decision and information
for appeal for appeal
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Claimant ResourcesClaimant Resources
Resource Centers – 11 locationsResource Centers – 11 locations Espanola Resource Center toll free number: Espanola Resource Center toll free number:
(866) 272-3622(866) 272-3622 District Offices – 4 locations District Offices – 4 locations
Denver District Office toll free number: (888) Denver District Office toll free number: (888) 805-3389805-3389
DEEOIC web siteDEEOIC web site http://www.dol.gov/owcp/energy/http://www.dol.gov/owcp/energy/ General program informationGeneral program information SEM website SEM website FormsForms Sample decisionsSample decisions
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District Office Jurisdictional Map
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Questions?Questions?