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TABLE OF CONTENTS 

Paragraph and Subject Page Date Trans. No. 

Chapter 0-0100 Introduction 

 Table of Contents . . . . . . i 11/08 09-01 

 1 Purpose and Scope . . . . . . 1 11/08 09-01 

 2 The EEOICPA . . . . . . . . . 1 11/08 09-01 

 3 Organization . . . . . . . . . 2 11/08 09-01 

 4 Responsibilities . . . . . . . 3 11/08 09-01 

 5 Training . . . . . . . . . . . 8 11/08 09-01 

 6 Jurisdiction . . . . . . . . . 9 11/08 09-01 

Exhibits 

 1 Jurisdictional Map and DEEOIC 

 District Office Addresses. . 11/08 09-01 

 

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1. Purpose and Scope. This chapter provides an overview of 

the Energy Employees Occupational Illness Compensation Program 

Act (EEOICPA) and the structure of the Division of Energy 

Employees Occupational Illness Compensation (DEEOIC). It also 

addresses the relationships between DEEOIC and the Office of 

Workers' Compensation Programs (OWCP) and the Employment 

Standards Administration (ESA), the various components of the 

DEEOIC, and training for DEEOIC employees. 

2. The EEOICPA. The EEOICPA, as amended, 42 U.S.C. § 7384 et 

seq., was enacted as Title XXXVI of the Floyd D. Spence National 

Defense Authorization Act for Fiscal Year 2001, Public Law 106-

398. The Act as amended has two parts, Part B and Part E. On 

October 28, 2004, the President signed into law an amendment 

that repealed Part D of the EEOICPA and created a new program 

called Part E. The amendment gives the Department of Labor the 

responsibility for administering this new program. 

The amendment grants covered Department of Energy (DOE) 

contractor employees compensation based on the level of 

impairment and/or wage loss, if they develop an illness as a 

result of exposure to a toxic substance at a DOE facility. 

Medical benefits will also be available to qualifying employees 

for treatment and care of the accepted covered illness. 

Eligible survivors may receive compensation, if the employee’s 

death was aggravated, contributed to, or caused by the covered 

illness. 

a. Part B. The purpose of Part B is to provide a lump 

sum payment of $150,000 and medical benefits as 

compensation to covered employees suffering from 

occupational illnesses incurred as a result of their 

exposure to radiation, beryllium, or silica while in the 

performance of duty for the DOE and certain of its vendors, 

contractors and subcontractors. 

The legislation also provides for the payment of 

compensation to certain survivors of these covered 

employees, as well as for payment of a smaller lump sum of 

$50,000 to individuals or their survivors who were 

determined to be eligible for compensation under Section 5 

of the Radiation Exposure Compensation Act (RECA). 

Compensation for individuals with beryllium sensitivity is 

limited to medical monitoring. 

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2. The EEOICPA. (Continued) 

b. Part E. The purpose of Part E is to provide variable 

amounts of compensation to DOE contractor employees or to 

their survivor(s) where it is at least as likely as not 

that exposure to a toxic substance while employed at a 

covered facility was a significant factor in aggravating, 

contributing to or causing the employee’s illness or death. 

Variable amounts of compensation up to $250,000 are 

determined based on causation, wage loss, and impairment. 

3. Organization. This paragraph describes the structure and 

authority of the National, Regional, and District Offices (DOs). 

ESA has five agencies, of which OWCP is one. (The others are the 

Wage and Hour Division; the Office of Federal Contract 

Compliance Programs; the Office of Labor-Management Standards; 

and the Office of Management, Administration, and Planning.) 

In turn, OWCP has five divisions, of which DEEOIC is one. (The 

others are the Division of Federal Employees’ Compensation; the 

Division of Longshore and Harbor Workers' Compensation; the 

Division of Coal Mine Workers' Compensation; and the Division of 

Planning, Policy, and Standards.) 

a. Assistant Secretary for Employment Standards. While 

the Assistant Secretary retains authority for 

administrative management, the authority for the execution 

of the program and activities of OWCP as a whole resides 

with the Director, Office of Workers' Compensation 

Programs, who retains final authority over claims under the 

EEOICPA. 

The functions of budget, accounting, personnel, management 

of priority correspondence and forms, and disposition of 

records are centralized within ESA. These functions 

encompass operations of the DEEOIC that are not directly 

concerned with the administration of the EEOICPA. 

b. Regional Director. ESA has six regions. OWCP 

Programs in each region are administered by a Regional 

Director (RD), who reports to the Director for OWCP.

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3. Organization. (Continued) 

c. District Director. DEEOIC has four DOs, which are 

located in Jacksonville, Florida; Cleveland, Ohio; Denver, 

Colorado; and Seattle, Washington. Each DO is managed by a 

District Director (DD), who reports to the RD. (Exhibit 1 

contains a list of addresses, telephone numbers, and fax 

numbers for the DOs.) 

4. Responsibilities. This paragraph describes the roles of 

the various components within the DEEOIC. 

a. District Offices. Within each DO there are a variety 

of roles: 

(1) Claims Functions. Supervisory Claims Examiners 

manage units of Senior Claims Examiners and Claims 

Examiners (CEs). Staff in these units adjudicate 

claims, authorize compensation and medical benefits, 

respond to inquiries from interested parties, and 

maintain case files. 

(2) Fiscal Functions. Fiscal Officers (FOs) are 

designated for each DO. The primary responsibility of 

these individuals is to ensure the integrity of the 

compensation payment process. The FO is also 

responsible for monitoring financial management 

records and serves as the DO point of contact for 

medical billing issues. 

(3) Medical Functions. The DEEOIC has several 

District Medical Consultants (DMCs) who work under 

contract to review individual cases. A District 

Medical Scheduler is designated for each DO. The 

primary responsibility of this individual is to 

coordinate the medical referrals. 

(4) Mail and File Functions. Personnel in this area 

open, sort and place mail, compile case files, retire 

case records according to established schedules, and 

transfer case files in and out of the DO. 

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4. Responsibilities. (Continued) 

(5) Contact and Technical Assistance. Customer 

Service Representatives are responsible for answering 

phones, referring calls within the DO and responding 

to general inquiries. Technical assistants are 

responsible for providing technical guidance and 

assistance to DO personnel and maintaining liaison 

with organizations outside the DO. 

b. National Office (NO). The Director of DEEOIC has 

final authority to manage and administer the program. With 

the exception of the FAB Chief, who reports directly to the 

Director, the Deputy Director supervises the DEEOIC Branch 

Chiefs and serves as the Acting Director in the Director's 

absence. Under the immediate jurisdiction of the Director 

and Deputy Director are the: 

(1) Branch of Policy. Personnel in the Policy Branch 

consist of the Policy, Regulations and Procedures Unit 

(PRPU), Secondary Claims Examiner (CE2) Unit, and the 

Medical, Health & Science Unit (MHSU). 

(a) The Policy, Regulations and Procedures Unit 

(PRPU) develops program policies and procedures 

to carry out the functions of the DEEOIC. In 

particular, PRPU staff: 

(i) Prepare and maintain the program’s 

procedure manual and issue program 

bulletins, which entail significant 

coordination with the Office of the 

Solicitor for the Department of Labor, 

especially with regard to statutory and 

regulatory changes; 

(ii) Conduct accountability reviews; 

(iii) Participate in the development of 

training materials; 

(iv) Handle functions relating to employment 

verification and records, including the 

tracking of covered time frames for 

employment; and 

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4. Responsibilities. (Continued) 

(v) Review memorandums to the Director 

submitted by the Final Adjudication Branch 

(FAB) and DO requesting the reopening of a 

claim or the vacating of a FAB decision 

based upon new and/or relevant evidence. 

These reviews are conducted by the Reopening 

Unit, which consists of CEs who review the 

case record for determination of whether a 

reopening of the claim or the vacating of a 

FAB decision is in order or not. 

Based upon the determination, the CE drafts, 

for the Director’s signature, a denial 

letter to the party requesting the reopening 

or a Director’s Order to the FAB or DO, 

setting the FAB decision or FAB remand order 

aside and outlining the course of action 

required to resolve the issue(s). 

(b) The Secondary Claims Examiner (CE2) Unit 

handles DO development and adjudication required 

while a case is pending review at the FAB. The 

CE2 Unit only adjudicates issues that are outside 

the scope of the issue(s) being addressed by the 

FAB. In particular, CE2 staff: 

(i) Conduct all necessary development on 

outstanding claim elements not related to 

the recommended decision (RD) currently in 

front of the FAB for review, and code the 

Energy Case Management System (ECMS) 

appropriately reflecting those actions for 

the duration of the FAB review process; 

(ii) Prepare a memorandum for the case file 

explaining what development actions have 

been taken and what future actions are 

required to address any outstanding issues; 

and 

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4. Responsibilities. (Continued) 

(iii) Issue an RD whenever the case record 

contains enough evidence on file to support 

an RD on any of the outstanding claim 

elements. 

(c) The Medical, Health & Science Unit (MHSU) 

consists of a Medical Director, Health 

Physicists, Industrial Hygienists, 

Epidemiologist/Toxicologist, and support 

personnel. The MHSU function includes the 

following: 

 (i) Review, research and respond to case 

referrals from the FAB, DOs and PRPU. Serve as 

the DEEOIC technical experts on medical, 

radiological, and toxicological causation and 

exposure issues; 

 (ii) Update and maintain the Site Exposure 

Matrices (SEM) to ensure that it contains the 

most accurate and current information; 

 (iii) Serve as the liaison between National 

Institute for Safety and Health (NIOSH) and 

DEEOIC on all dose reconstruction related issues; 

and 

 (iv) Coordinate and oversee District Medical 

Consultant (DMC) referrals. 

(2) Branch of Outreach and Technical Assistance 

(BOTA). Personnel in the BOTA are responsible for 

technical assistance and outreach activities, 

including developing informational materials and 

maintaining the Web page. In particular, BOTA staff: 

(a) Develop and conduct training for DEEOIC 

staff; 

(b) Manage the program’s priority correspondence 

activity, preparing responses for the Secretary 

of Labor, Assistant Secretary for Employment 

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4. Responsibilities. (Continued) 

Standards (ESA), Congressional Affairs Office, 

OWCP Director, and the Director of the DEEOIC; 

(c) Facilitate development of comprehensive 

outreach plans, monitor and approve outreach 

expenses, and conduct and arrange outreach 

events; and 

(d) Promote and maintain cooperative relations 

with individuals and groups having EEOICP 

interests through technical assistance and public 

relations activities. 

(3) Branch of Automated Systems (BAS). Members of 

this Branch provide data processing and payment 

systems support services for the DEEOIC. In 

particular, the Branch is responsible for: 

(a) Developing and maintaining activities related 

to the Energy Case Management System (ECMS); 

(b) Providing statistical reports and data; 

(c) Providing overall computer services; 

(d) Overseeing medical and compensation system 

issues; and 

(e) Coordinating activities of the bill 

processing agent. 

(4) Management Unit. Members of this unit support the 

efficient operations of the DEEOIC by providing 

the following functions: 

(a) Oversee DEEOIC budget and ensure that budget 

limitations are not exceeded; 

(b) Monitor and manage personnel and procurement 

actions; and 

(c) Provide administrative support to the 

Director and the Deputy Director. 

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4. Responsibilities. (Continued) 

c. Final Adjudication Branch (FAB). Personnel in this 

Branch are responsible for issuing all final decisions. 

The FAB also processes all objections by holding oral 

hearings or reviewing the written record. FAB 

representatives issue final decisions that affirm, remand, 

or reverse recommended decisions issued by the DEEOIC DOs. 

A FAB Office is located in Washington, D.C., and a FAB unit 

is co-located with, but independent from, each of the four 

DOs. The manager of each FAB DO reports to the FAB Chief. 

(Exhibit 1 contains a list of addresses, telephone numbers, 

and fax numbers for the FABs.) 

5. Training. This paragraph describes the information new 

employees need and addresses the kinds of training OWCP provides 

to its employees. 

a. Orientation. The RD and/or DD provide orientation for 

all new employees in their respective DOs. This 

orientation includes the following topics: 

(1) Organization of the DO, the Regional Office, 

OWCP, and ESA; 

(2) Mission and objectives of the DEEOIC; 

(3) General description of duties; 

(4) Staffing pattern, chain of command; 

(5) Floor plan/physical layout of office, unit 

locations, emergency procedures, office security, 

etc.; 

(6) Mail handling, paper and case flow; 

(7) Working hours, breaks, lunch hour, sick and 

annual leave arrangements, flextime, telephone use, 

overtime authorization, etc.; 

(8) Introduction to staff; 

(9) Reference materials; and 

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5. Training. (Continued) 

(10) Role of partner agencies, e.g. National Institute 

for Occupational Safety and Health (NIOSH), Department 

of Energy (DOE), Department of Justice (DOJ), Resource 

Centers, etc. 

b. Courses. Three formal training courses have been 

developed for the DEEIOC staff. These include: 

(1) All Staff Members Orientation. This is a course 

designed by each DO to explain the basic concepts of 

the EEOICPA. 

(2) Claims Examiner Course. CEs, Senior CEs, 

Supervisors, and FAB Representatives take this course. 

It is delivered in a classroom or self-instructional 

format. A resource person is available to respond to 

questions if the self-instructional format is used. 

The course, which requires about two weeks to 

complete, is designed to explain the claims 

adjudication process and to develop case management 

skills. 

(3) Secondary Training. Additional training is 

provided to all claims personnel to address developing 

needs of the program (e.g., complex medical 

terminology/issues, facilities lists, additions to the 

Special Exposure Cohort (SEC), precedent-setting 

decisions, Resource Centers). This training may 

include advanced CE and FAB training. In addition, 

training in the Energy Case Management System (ECMS) 

is available. 

6. Jurisdiction. This paragraph describes the jurisdiction of 

the four DEEOIC DOs. The jurisdiction of a DO is determined by 

where the employee last worked as a covered employee or covered 

DOE contractor employee. A DO acquires jurisdiction if the 

last covered facility is/was located within the geographical 

area it serves. (Exhibit 1 contains a DEEOIC DO Jurisdictional 

Map.) 

a. Survivor Claims. This rule applies to claims from 

survivors as well as those brought by the employee. 

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6. Jurisdiction. (Continued) 

b. Uranium Workers. Normally, all claims for uranium 

workers (or their survivors) who may have been awarded 

benefits under Section 5 of the Radiation Exposure 

Compensation Act (RECA) are within the jurisdiction of the 

Denver DO. (However, if a worker filed for both RECA 

Section 5 and silicosis benefits, and the Nevada Test Site 

was the last place of employment, the case would go to the 

Seattle DO rather than the Denver DO). 

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DEEOIC JURISDICTIONAL MAP 

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DEEOIC DISTRICT OFFICE ADDRESSES

National Office - Washington, D.C. 

U.S. Department of Labor, DEEOIC 

200 Constitution Avenue, NW 

Room C-3321 

Washington, DC 20210 

(202)693-0081 (Main) (202)693-1465 (Fax) 

Director: Rachel P. Leiton 

Deputy Director: Christy Long 

District Office 1 - Jacksonville, Florida 

(Alabama, Florida, Georgia, Kentucky, Mississippi, North 

Carolina, South Carolina, and Tennessee) 

U.S. Department of Labor, DEEOIC 

400 West Bay Street, Room 722 

Jacksonville, Florida 32202 

(904)357-4705 (Main) (904)357-4704 (Fax) 

(877)336-4272 (Toll Free) 

Regional Director: Richard Brettell 

District Director: Jim Bibeault 

Assistant District Director: David Miller 

District Office 2 - Cleveland, Ohio 

(Connecticut, Delaware, District of Columbia, Illinois, Indiana, 

Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New 

Hampshire, New Jersey, New York, Ohio, Pennsylvania, Puerto 

Rico, Rhode Island, Vermont, the Virgin Islands, Virginia, West 

Virginia, and Wisconsin) 

U.S. Department of Labor, DEEOIC 

1001 Lakeside Avenue, Suite 350 

Cleveland, Ohio 44114 

(216)802-1300 (Main) (216)802-1308 (Fax) 

(888)859-7211 (Toll Free) 

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Regional Director: Nancy Jenson 

District Director: Annette Prindle 

Assistant District Director: Catherine Buttolph 

District Office 3 - Denver, Colorado 

(Arkansas, Colorado, Kansas, Louisiana, Missouri, Montana, 

Nebraska, North Dakota, Oklahoma, South Dakota, Texas, Utah, 

Wyoming, and all claims from RECA Section 5 awardees) 

U.S. Department of Labor, DEEOIC 

1999 Broadway, Suite 1120 

Denver, Colorado 80202 

(720)264-3060 (Main) (720)264-3099 (Fax) 

(888)805-3389 (Toll Free) 

Regional Director: E. Martin Walker 

District Director: Janet Kapsin 

Assistant District Director: Ron Sanchez 

District Office 4 - Seattle, Washington 

(Alaska, Arizona, California, Idaho, Hawaii, Marshall Islands, 

Nevada, New Mexico, Oregon, and Washington) 

U.S. Department of Labor, DEEOIC 

719 2nd Avenue, Suite 601 

Seattle, Washington 98104 

(206)373-6750 (Main) Fax: (206)373-6798 

(888)805-3401 (Toll Free) 

Regional Director: Sharon Tyler 

District Director: XXXX 

Assistant District Director: Tracy Johnson 

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Final Adjudication Branch – Jacksonville, Florida 

U.S. Department of Labor, DEEOIC 

Final Adjudication Branch 

400 West Bay Street, Room 63B 

Jacksonville, Florida 32202 

(904)357-4705 (Main) (904)357-4785(Fax) 

(877)336-4272 (Toll Free) 

FAB Manager : Mark Stewart 

Final Adjudication Branch – Cleveland, Ohio

U.S. Department of Labor – DEEOIC 

Final Adjudication Branch 

1001 Lakeside Avenue, Suite 390 

Cleveland, Ohio 44114 

(216)802-1449 (Main) Fax: (216)802-1390 

(888)859-7211 (Toll Free) 

Acting FAB Manager: Tracy Smart 

Final Adjudication Branch – Denver, Colorado 

U.S. Department of Labor, DEEOIC 

Final Adjudication Branch 

1999 Broadway, Suite 1660 

Denver, Colorado 80202 

(720)264-3062 (Main) Fax: (720)264-3218 

(888)805-3389 (Toll Free) 

Acting FAB Manager: Anna Navarro 

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Final Adjudication Branch – Seattle, Washington 

U.S. Department of Labor, DEEOIC 

Final Adjudication Branch 

719 2nd Avenue, Suite 501 

Seattle, Washington 98104 

(206)373-6714 (Main) Fax: (206)373-6701 

(888)805-3401 (Toll Free) 

FAB Manager: Joleen Smith 

Final Adjudication Branch – Washington, D.C. 

U.S. Department of Labor, DEEOIC 

Final Adjudication Branch (FAB - National) 

800 N. Capitol Street, NW, Room 565 

Washington, DC 20211 

(202)513-6400 (Main) Fax: (202)513-6401 

(866)538-8143 (Toll Free) 

Branch Chief: LuAnn Kressley 

Assistant Branch Chiefs: Michael Johnson 

 Thomasyne Hill 

 Rhonda Chapelle 

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TABLE OF CONTENTS 

Paragraph and Subject Page Date Trans. No. 

Chapter 0-0200 General Provisions of EEOICPA 

 Table of Contents . . . . . . i 11/08 09-01 

 1 Purpose and Scope . . . . . . 1 11/08 09-01 

 2 Provisions of EEOICPA . . . . 1 11/08 09-01 

 

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1. Purpose and Scope. This chapter summarizes the provisions 

and requirements of the Energy Employees Occupational Illness 

Compensation Program Act (EEOICPA or Act) and addresses its 

coverage. 

 

2. Provisions of EEOICPA. 

a. Requirements for Part B Eligibility. A covered 

employee must satisfy criteria of eligibility for at least 

one of the following compensable categories under Part B: 

(1) Beryllium sensitivity or chronic beryllium 

disease resulting from exposure to beryllium in the 

performance of duty. 

(2) A specified cancer if the employee was a member 

of the Special Exposure Cohort (SEC). 

(3) A non-specified cancer if the employee incurred a 

cancer that is at least as likely as not related to 

radiation exposure from employment at a covered 

facility. 

(4) Chronic silicosis resulting from exposure to 

silica from covered employment at a Department of 

Energy (DOE) facility in Nevada or Alaska, aggregating 

at least 250 work days during the mining of tunnels 

for tests or experiments related to atomic weapons. 

(5) The U.S. Attorney General has determined 

entitlement to an award of $100,000 under Section 5 of 

the Radiation Exposure Compensation Act (RECA). 

b. Requirements for Part E Eligibility. A covered 

employee must establish that it is at least as likely as 

not that exposure to a toxic substance while employed at a 

DOE facility by a DOE contractor or subcontractor was a 

significant factor in aggravating, contributing to or 

causing the employee’s illness or death. 

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2. Provisions of EEOICPA. (Continued) 

c. Medical Care. An employee who meets the statutory 

conditions of coverage is entitled to medical care 

consisting of services, appliances, and supplies prescribed 

or recommended by a qualified physician considered likely 

to cure, give relief, or reduce the degree or the period of 

that condition. Provider charges associated with the 

treatment of an accepted medical condition are paid from 

the compensation fund and are subject to a fee schedule. 

d. Monetary Compensation under Part B. An eligible 

employee or survivor is entitled to receive a lump sum 

payment of $150,000, if found eligible under Part B of the 

EEOICPA. An eligible uranium worker or survivor is 

eligible for a lump sum payment of $50,000. 

e. Monetary Compensation under Part E. Maximum 

compensation up to $250,000 is determined based on 

causation, wage loss, and impairment. 

(1) Employee Benefits: Covered employee is eligible 

for compensation up to $250,000 based on wage loss 

and/or impairment. 

(a) Wage loss is based on the number of calendar 

years that the employee was unable to work or 

sustained a reduction in wages as a result of the 

covered illness. Wage loss compensation is 

payable for qualifying years of lost wages 

occurring prior to the employee’s normal Social 

Security retirement age, determined by the 

employee’s date of birth. 

(b) Impairment is a loss, loss of use, or 

derangement of any body part, organ system or 

organ functionality as it affects the whole body, 

as a result of the covered illness. An 

impairment rating is performed once the employee 

has reached Maximum Medical Improvement (MMI) 

(i.e., the covered illness is stabilized and is 

unlikely to improve with or without additional 

medical treatment). 

 

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2. Provisions of EEOICPA. (Continued) 

(2) Survivor Benefits: The survivor is eligible for 

compensation in the amount of up to $125,000 if the 

covered illness aggravated, contributed to, or caused 

the employee’s death. 

 

(a) Wage Loss: The survivor may be entitled up 

to an additional $25,000 or $50,000 depending 

upon the amount of calendar years over 10 years 

that the deceased covered employee experienced 

compensable wage loss prior to his or her normal 

Social Security retirement age. 

(b) Impairment: In general, the survivor is not 

entitled to impairment benefits under Part E. 

f. Survivor Eligibility under Part B. In the event of 

the death of an eligible employee, the Act provides for the 

disbursement of compensation in order of precedence and in 

proportion to the number of eligible survivors. The order 

of precedence is spouse, child, parent, grandchild, then 

grandparent. 

g. Survivor Eligibility under Part E. The only survivors 

eligible for benefits are the spouse, or children of the 

covered employee who are under the age of 18 years at the 

time of the employee’s death, or under the age of 23 years 

and a full time student at the time of the employee’s 

death, or any age and incapable of self-support at the time 

of the employee’s death. In limited circumstances, a spouse 

may elect to receive the compensation to which an employee 

would have been eligible prior to death. 

 

h. Third Party Liability. With the exceptions listed 

below, where an employee's compensable illness or death 

results from circumstances creating a legal liability on 

some party other than the United States, the cost of 

compensation and other benefits paid by the OWCP must be 

offset to reflect any settlement obtained. Exceptions 

include the following: 

(1) Workers compensation benefits are not offset 

under Part B; and 

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2. Provisions of EEOICPA. (Continued) 

(2) Insurance policy payments made to an employee or 

eligible surviving beneficiary, where the employee or 

eligible surviving beneficiary has purchased the 

policy, are not offset. 

i. Coordination of Benefits with State Workers’ 

Compensation (SWC). When a claimant has received benefits 

from a state workers’ compensation program for the same 

covered illness(es) to which he or she is to be awarded 

compensation under Part E, this requires a reduction in the 

award. Exceptions to this reduction include the following: 

(1) Medical and vocational rehabilitation benefits 

received from SWC for the same covered illness(es) are 

not included in the reduction; 

(2) The claimant has received SWC benefits for both a 

covered and a non-covered illness as a result of the 

same-work related incident; these benefits also will 

not be included in the reduction; and 

(3) Reasonable costs in obtaining SWC benefits 

incurred by the claimant, such as but not limited to 

attorney’s fees and specific itemized costs of suits, 

are not included in the reduction. 

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________________________________________________________________ 

TABLE OF CONTENTS 

Paragraph and Subject Page Date Trans. No. 

Chapter 0-0300 Customer Service 

 Table of Contents . . . . . . . i 11/08 09-01 

 1 Purpose and Scope . . . . . . . 1 11/08 09-01 

 2 DEEOIC Standards for 

 Customer Service . . . . . . 1 11/08 09-01 

 3 Telephone Communications. . . . 1 11/08 09-01 

 4 Written Communications . . . . 4 11/08 09-01 

 

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1. Purpose and Scope. This chapter describes the commitment 

of the Division of Energy Employees Occupational Illness 

Compensation (DEEOIC) to serving its internal and external 

customers with excellence. 

a. Internal Customers. These include but are not limited 

to National Office staff, District Office staff, and 

Resource Center employees. 

b. External Customers. These include but are not limited 

to claimants, authorized representatives, attorneys, 

advocacy groups, congressional officials, contractors, and 

other external agents who have a vested interest in the 

claims process. 

2. DEEOIC Standards for Customer Service. The highest level 

of customer service is expected in all dealings with individuals 

conducting business with and within the DEEOIC. All staff are 

expected to be courteous, professional, flexible, honest and 

helpful. The program's Operational Plan includes standards for 

the performance, responsiveness and timeliness of customer 

service. DEEOIC's Customer Service Goals include the following: 

a. Customers. DEEOIC customers are satisfied with our 

services; 

b. Services. DEEOIC services are delivered to customers 

in a timely and accurate manner; and 

c. Planning and Development. Customer needs are 

integrated into program planning and product development. 

3. Telephone Communications. DEEOIC staff talk to claimants, 

authorized representatives, health care providers, employer 

organizations, resource center personnel, governmental 

organizations, and others on a daily basis. 

a. Telephone Skills. Effective telephone skills are one 

of the keys to providing accurate, courteous, and timely 

information to callers. These skills include but are not 

limited to the following: 

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3. Telephone Communications. (Continued) 

(1) Answer the telephone promptly; 

(2) Identify the caller’s needs; 

(3) Handle inquiries in a professional and pleasant 

(non-defensive) manner; 

(4) Provide prompt, informative responses; 

(5) Keep conversations brief but provide accurate, 

courteous, and timely information; and 

(6) Give callers an accurate estimate of when a 

return call will be attempted, if necessary. 

b. Inquiries Directed to Resource Centers. Resource 

Centers (RCs) are situated in key geographic locations 

throughout the United States to provide assistance and 

information to the DEEOIC claimant community and other 

interested parties. The RCs play a limited but valuable 

role in the claims process and their duties include the 

following: 

(1) Provide information on claims process and program 

procedures to the DEEOIC claimant community; 

(2) Assist claimants in the completion of the 

necessary claim forms; 

(3) Take initial employment verification steps for 

all new EEOICPA claims filed with the RC; 

(4) Conduct occupational history development for 

certain employees; and 

(5) Provide case-specific information and 

clarification to claimants and authorized 

representatives. 

(6) Educate and assist the claimants regarding 

impairment and wage loss benefits on cases with 

positive causation determinations. 

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3. Telephone Communications. (Continued) 

(7) Conduct medical provider outreach to assist in 

medical bill payment enrollment and resolve billing 

issues. 

(8) Provide medical bill payment assistance to 

claimants. 

(9) For more information about the RCs, see EEOICPA 

PM 2-0200. 

c. Telephone Management System (TMS). The TMS feature in 

the Energy Case Management System (ECMS) allows the ECMS 

user to memorialize telephone conversations, place and 

obtain telephone messages within the system. TMS also 

provides a mechanism by which incoming and outgoing 

telephone contact on a given case file is tracked and 

maintained. 

(1) The person who answers the phone must create the 

phone record in ECMS, unless the call is immediately 

transferred to another person and that person picks up 

the phone and speaks with the caller. The second 

person then becomes responsible for creating the phone 

message record in ECMS/TMS. 

(a) In the first circumstance, the first person 

must record the incoming call by recording the 

caller’s name, return phone number, the reason 

for the call, mark that the call has not been 

completed, and assign an ECMS user to return the 

phone call in ECMS/TMS for that specific case 

record. 

(b) In the second circumstance, where the call is 

transferred to another person who picks up the 

phone and speaks with the caller, that second 

person is to create the automated ECMS/TMS phone 

message record providing a brief description of 

the phone call discussion and that it was 

completed. 

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3. Telephone Communications. (Continued) 

(2) The person transferring the call must ensure that 

the call is picked up so that the caller is not 

inadvertently dropped or transferred to a voicemail 

message. 

(3) Callers may be transferred to voicemail only with 

the caller’s explicit knowledge and consent. 

 

(4) Rules describing the types of calls that must be 

entered and tracked in ECMS/TMS are described in 

EEOICPA PM 2-2000. 

4. Written Communications. DEEOIC staff must use good writing 

skills in all correspondence. Letters must be clear, concise, 

instructional, accurate, and tailored. Specific skills include: 

a. Considering the Reader. Use language that the reader 

can understand and customize the correspondence 

accordingly, specifically for that reader. Avoid using 

abbreviations in the body of the correspondence, unless 

they have been written out at the beginning of the 

correspondence; 

b. Checking for Errors. Review correspondence before 

issuance to eliminate grammatical, spelling, template or 

other technical errors; 

c. Choosing the Mode of Expression. Use natural and nonadversarial wording. To the extent possible, write 

politely, conversationally and employ commonly used words; 

d. Making Documents Visually Appealing. Present text in 

a way that highlights the main points to be communicated. 

Use bullets or numbered lists when providing instructions 

or identifying deficiencies. Avoid lengthy narrative 

explanations or too much usage of underlining or bolding of 

the text in the correspondence; and 

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4. Written Communications. (Continued) 

e. Tailoring the Letter to the Issue at Hand. Do not use 

lengthy, “laundry list” template letters when only certain 

information is being requested or provided. Identify what 

evidence has been submitted and the additional information 

that is needed in order to proceed with the adjudication of 

the claim in a timely manner. 

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________________________________________________________________ 

TABLE OF CONTENTS 

Paragraph and Subject Page Date Trans. No. 

Chapter 0-0400 Program Directives 

 Table of Contents . . . . . . i 11/08 09-01 

 1 Purpose and Scope . . . . . . 1 11/08 09-01 

 2 Directives . . . . . . . . . . 1 11/08 09-01 

 3 Procedure Manual . . . . . . . 2 11/08 09-01 

 4 Maintenance and Revision . . . 3 11/08 09-01 

 

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1. Purpose and Scope. This chapter describes the 

communications and directives system used by the Division of 

Energy Employees Occupational Illness Compensation (DEEOIC). It 

focuses on the structure of the Procedure Manual governing 

claims under the Energy Employees Occupational Illness 

Compensation Program Act (EEOICPA or Act), and addresses its 

relationship to the Program's other written directives. 

2. Directives. The publications relating to the EEOICPA 

include both external and internal releases, as follows: 

a. External Directives. These may consist of either 

legal or informational releases. 

(1) The Federal Register contains “Notices” and 

“Rules” pertaining to new or revised policy. 

(a) “Notices” in the Federal Register advise the 

public of proposed changes and invite comments on 

them. 

(b) “Rules” in the Federal Register state the 

regulations adopted by the program. 

(2) Pamphlets and notices inform the public of the 

availability of EEOICPA benefits. 

b. Internal Directives. There are three categories of 

directives; they are permanent (unless superseded), timelimited, and informational. 

(1) Permanent directives include the following: 

(a) EEOICPA Procedure Manual (PM), which is 

updated by transmittals. 

(b) Other guides, including the DOL 

Correspondence Guide (DLMS Handbook 1-2); the GPO 

Style Manual; Program Memoranda; and the Energy 

Case Management System (ECMS) Users Manual which 

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2. Directives. (Continued) 

provides users and operators of the ECMS with 

guidelines for interacting with the system. 

(2) Time-limited directives are issued as Bulletins. 

They may involve changes to procedures, special 

reports, or pilot programs. A Bulletin is effective 

until it is superseded by the PM or an updated 

Bulletin. 

(3) Informational directives are issued as Circulars 

and do not require specific action. They are used to 

meet the following objectives: 

(a) To announce personnel changes, upcoming 

events or activities, or other items of 

informational value; 

(b) To call attention to standing instructions or 

performance standards that may require compliance 

or improvement; 

(c) To announce proposed plans or anticipated 

program changes; or 

(d) To inform District Offices (DOs) of the 

activities and interests of the National Office. 

3. Procedure Manual. The EEOICPA PM is accessible to all 

interested parties within and outside of the DEEOIC. 

a. Part 0, Overview. This part provides an introduction 

to the EEOICPA, the program that administers it, and the 

directives issued to implement it. This section also 

provides employees with general information about program 

operations and the organizational structure of OWCP. 

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3. Procedure Manual. (Continued) 

b. Part 1, Mail and Files. This part addresses the 

jurisdiction over cases and the movement of mail and case 

files within the DO. It also discusses how to create, 

maintain, transfer and retire case files. 

c. Part 2, Claims. This part establishes policies, 

guidelines and procedures for developing, adjudicating and 

managing claims under the EEOICPA. 

d. Part 3, Fiscal. This part establishes policies, 

guidelines and procedures for all fiscal issues. 

4. Maintenance and Revision. EEOICPA Transmittals update the 

EEOICPA PM and are to be filed and cited in the following 

manner: 

a. Filing Instructions. The PM is subdivided into and 

maintained in separate volumes or binders by part, chapter, 

and paragraph. For each transmittal: 

(1) Remove and destroy any material identified as 

superseded or obsolete. 

(2) File the new material in accordance with the 

instructions contained in the transmittal. 

(3) File the transmittal behind the latest 

"Checklist" of all PM pages currently in effect. It 

is located in front of the PM. 

b. Citations to the PM. The EEOICPA PM has four parts, 

as described in paragraph 3 above. Each part consists of 

several chapters, which in turn are divided into 

paragraphs, subparagraphs, and sometimes sub-subparagraphs. 

Chapters and paragraphs should be cited as follows: 

Citation to a part of the PM: Federal (EEOICPA) PM Part 1 

Citation to a chapter: Federal (EEOICPA) PM 1-100 

Citation to a paragraph: Federal (EEOICPA) PM 1-100.1 

Citation to a subparagraph: Federal (EEOICPA) PM 1-100.1a 

 Citation to a sub-subparagraph: Federal (EEOICPA) PM 1- 

 100.1a(1) 

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TABLE OF CONTENTS 

Paragraph and Subject Page Date Trans. No. 

Chapter 0-0500 Definitions 

 Table of Contents. . . . . i 11/08 09-01 

 1 Purpose and Scope. . . . . 1 11/08 09-01 

 2 Definitions. . . . . . . . 1 11/08 09-01 

Exhibits 

 1 Abbreviations. . . . . . . 11/08 09-01 

 2 Forms. . . . . . . . . . . 11/08 09-01 

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1. Purpose and Scope. The purpose of this chapter is to 

define the most commonly used terms in the administration of the 

Energy Employees Occupational Illness Compensation Program Act 

(EEOICPA). The chapter also identifies the abbreviations and 

acronyms for those terms (Exhibit 1) and provides a listing of 

the forms used in the program (Exhibit 2). 

2. Definitions. This section defines the principal terms used 

in the Energy Employees Occupational Illness Compensation 

Program Act (EEOICPA) Procedure Manual (PM). 

a. Act or EEOICPA means the Energy Employees Occupational 

Illness Compensation Program Act of 2000, as amended, 42 

U.S.C. § 7384 et seq. 

b. Atomic Weapon means any device utilizing atomic 

energy, exclusive of the means for transporting or 

propelling the device (where such means is a separable and 

divisible part of the device), the principal purpose of 

which is for use as, or for development of, a weapon, a 

weapon prototype, or a weapon test device. 

c. Atomic Weapons Employee means: 

(1) An individual employed by an atomic weapons 

employer (AWE) during a period when the employer was 

processing or producing, for the use by the United 

States, material that emitted radiation and was used 

in the production of an atomic weapon, excluding 

uranium mining and milling; or 

 (2) An individual employed: 

(a) At a facility that the National Institute for 

Occupational Safety and Health (NIOSH), in its 

report dated November 2002 and titled “Report on 

Residual Radioactive and Beryllium Contamination 

at Atomic Weapons Employer Facilities and 

Beryllium Vendor Facilities,” or any update, 

indicated had a potential for significant 

residual contamination outside of the period 

described in subparagraph (1) of this definition; 

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2. Definitions. (Continued) 

(b) By an atomic weapons employer or subsequent 

owner or operator of a facility referenced in 

subparagraph (1) of this definition; and 

(c) During a period reported by NIOSH, in its 

report dated November 2002 and titled “Report on 

Residual Radioactive and Beryllium Contamination 

at Atomic Weapons Employer Facilities and 

Beryllium Vendor Facilities,” or any update to 

that report, to have a potential for significant 

residual radioactive contamination. This will be 

identified on the Department of Energy (DOE) 

facility database as the “residual contamination” 

period. 

d. Atomic Weapons Employer (AWE) means any entity, other 

than the United States, that: 

(1) Processed or produced, for use by the United 

States, material that emitted radiation and was used 

in the production of an atomic weapon, excluding 

uranium mining and milling; and 

(2) The Secretary of Energy has designated as an AWE 

for purposes of the Act. 

e. AWE Facility means a facility, owned by an AWE, that 

is or was used to process or produce, for use by the United 

States, material that emitted radiation and was used in the 

production of an atomic weapon, excluding uranium mining or 

milling. 

f. Attorney General means the Attorney General of the 

United States or the United States Department of Justice 

(DOJ). 

g. Average Annual Wage (AAW) means four times the average 

quarterly wages of a covered Part E employee for the 12 

quarters preceding the quarter during which the employee 

first experienced wage loss due to exposure to a toxic 

substance at a DOE facility or RECA section 5 facility, 

excluding any quarters during which the employee was 

unemployed. 

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2. Definitions. (Continued) 

Being “retired” is not equivalent to being “unemployed”; 

therefore, quarters during which an employee had no wages 

because of retirement will be included in the AAW 

calculation. 

h. Benefit or Compensation means the money the United 

States Department of Labor (DOL) pays to or on behalf of 

either a covered employee under Part B, or a covered DOE 

contractor employee under Part E, from the Energy Employees 

Occupational Illness Compensation Fund. These terms may 

also include any other amount paid out of the Fund for 

medical benefits including but not limited to medical 

treatment, monitoring, examinations, services, appliances 

and supplies. 

i. Beryllium Sensitization or Sensitivity means that the 

individual is sensitized to beryllium as demonstrated by 

any of the following: 

(1) An abnormal beryllium lymphocyte proliferation 

test (LPT) or an abnormal lymphocyte transformation 

test (LTT) on either blood or lung lavage cells as 

interpreted by a medical doctor, for Part B and Part E 

claims; 

(2) A positive physician panel determination as 

specified in section 7385s-4(b), for Part E claims 

only; or 

(3) A determination that it is at least as likely as 

not that exposure to beryllium at a DOE facility or a 

RECA section 5 facility was a significant factor in 

aggravating, contributing to, or causing the beryllium 

sensitization or sensitivity; and it is at least as 

likely as not that the exposure to beryllium was 

related to employment at a DOE facility or a RECA 

section 5 facility as specified in sections 7385s-4(c) 

and 7385s-5(a), for Part E claims only. 

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2. Definitions. (Continued) 

j. Beryllium Vendor means any of the corporations and 

named predecessor corporations designated as beryllium 

vendors in section 7384l(6)(A)-(I) of the EEOICPA, and also 

those facilities designated as beryllium vendors in the 

list published in the Federal Register by the Department of 

Energy. 

k. Bioassay means the determination of the kind, 

quantity, concentration, or the location of radioactive 

material in the human body, whether by direct measurement 

or by analysis, and the evaluation of radioactive material 

excreted, eliminated, or removed from the body. 

l. Chronic silicosis means a non-malignant lung disease 

as demonstrated by any of the following: 

(1) The initial occupational exposure to silica dust 

preceded the onset of silicosis by at least 10 years 

and a written diagnosis of silicosis is made by a 

medical doctor and is accompanied by: 

(a) A chest radiograph, interpreted by an 

individual certified by the National Institute 

for Occupational Safety and Health as a B reader, 

classifying the existence of pneumoconiosis of 

category 1/0 or higher; 

(b) Results from a computer assisted tomograph 

or other imaging technique that are consistent 

with silicosis; or 

(c) Lung biopsy findings consistent with 

silicosis. 

 This evidence holds true for Part B and Part E claims; 

(2) A positive physician panel determination as 

specified in section 7385s-4(b), for Part E claims 

only; or 

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2. Definitions. (Continued) 

 (3) A determination that it is at least as likely as 

not that exposure to silica at a DOE facility or a 

RECA section 5 facility was a significant factor in 

aggravating, contributing to, or causing the chronic 

silicosis; and it is at least as likely as not that 

the exposure to silica was related to employment at a 

DOE facility or a RECA section 5 facility as specified 

in sections 7385s-4(c) and 7385s-5(a), for Part E 

claims only. 

m. Claim means a written assertion to OWCP of an 

individual's entitlement to benefits under the EEOICPA, 

submitted in a manner authorized by the Act. 

n. Claimant means an individual claiming compensation 

under the Act. 

o. Compensation Fund or Fund means the fund established 

on the books of the Department of the Treasury for payment 

of benefits and compensation under the EEOICPA. 

p. A consequential injury is any injury, illness, or 

impairment sustained by a covered employee as a result of 

an occupational illness, or sustained by a covered DOE 

contractor employee as a result of a covered illness. 

q. Contemporaneous record means any document created at 

or around the time of the event that is recorded in the 

document. 

r. Coordination of Benefits with State Workers’ 

Compensation (SWC) is to be determined when a claimant has 

received benefits from a SWC program for the same covered 

illness(es) to which he or she is to be awarded 

compensation under Part E, resulting in a possible 

reduction in the Part E award. 

s. Covered child means, under Part E, a biological child, 

a stepchild who lived in a recognized parent-child 

relationship, or a legally adopted child of a covered DOE 

contractor employee, who at the time of the employee’s 

death: 

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2. Definitions. (Continued) 

(1) Had not attained the age of 18 years; 

(2) Had not attained the age of 23 years and was a 

full-time student who had been continuously enrolled 

as a full-time student in one or more educational 

institutions since attaining the age of 18 years; or 

(3) Had been incapable of self-support at any age. 

This term should only be used in reference to claims under 

Part E. 

t. Covered DOE contractor employee means, under Part E, a 

Department of Energy contractor or subcontractor employee, 

or a RECA section 5 uranium worker who has been determined 

by OWCP to have contracted a covered illness through 

exposure to a toxic substance at a Department of Energy 

facility or a RECA section 5 facility, as appropriate. 

This term should only be used in reference to claims under 

Part E. 

u. Covered employee means, under Part B, a covered 

beryllium employee, a covered employee with cancer, a 

covered employee with chronic silicosis, or a covered 

uranium employee. This term should only be used in 

reference to claims under Part B. 

v. Covered illness means, under Part E, an illness or 

death resulting from exposure to a toxic substance from 

employment at a DOE facility or a RECA section 5 facility. 

This term should only be used in reference to claims under 

Part E. 

w. Covered uranium employee means, under Part B, an 

individual who has been determined by the Department of 

Justice to be entitled to an award under section 5 of RECA, 

whether or not the individual was the employee or the 

deceased employee’s survivor. 

x. Department means the United States Department of Labor 

(DOL). 

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2. Definitions. (Continued) 

y. Department of Energy (DOE) includes the predecessor 

agencies of the DOE, such as the Atomic Energy Commission 

and the Manhattan Engineering District. 

z. Department of Energy (DOE) contractor employee means 

any of the following: 

(1) An individual who is or was in residence at a DOE 

facility as a researcher for one or more periods 

aggregating at least 24 months; or 

(2) An individual who is or was employed at a DOE 

facility by: 

(a) An entity that contracted with the DOE to 

provide management and operation, management and 

integration, or environmental remediation at the 

facility; or 

(b) A contractor or subcontractor that provided 

services, including construction and maintenance, 

at the facility. 

aa. Department of Energy facility means any building, 

structure, or premise, including the grounds upon which 

such building, structure, or premise is located: 

(1) In which operations are, or have been, conducted 

by, or on behalf of, the DOE (except for buildings, 

structures, premises, grounds, or operations covered 

by Executive Order 12344, dated February 1, 1982, 

pertaining to the Naval Nuclear Propulsion Program); 

and 

(2) With regard to which the DOE has or had: 

(a) A proprietary interest; or 

(b) Entered into a contract with an entity to 

provide management and operation, management and 

integration, environmental remediation services, 

construction, or maintenance services. 

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2. Definitions. (Continued) 

bb. Disability means that OWCP has determined entitlement 

to payment of Part B benefits for the covered occupational 

illness of chronic beryllium disease, cancer or chronic 

silicosis. This term should only be used in reference to a 

claimant entitled to benefits under Part B. 

cc. Dose reconstructions (DRs) are used to estimate the 

radiation doses to which individual workers or groups of 

workers have been exposed, particularly when radiation 

monitoring is unavailable, incomplete, or of poor quality. 

Then methods are applied to translate exposure to radiation 

into quantified radiation doses at the specific organs or 

tissues relevant to the types of cancer occurring among the 

workers. 

 dd. Durable medical equipment (DME) means the appliances 

that a qualified physician prescribes or recommends for a 

covered occupational illness or a covered illness which 

OWCP considers necessary to treat the illness. Examples of 

DMEs include walkers, wheelchairs, or hospital beds. 

ee. Equivalent dose means the absorbed dose in a tissue or 

organ multiplied by a radiation weighting factor to account 

for differences in the effectiveness of the radiation in 

inducing cancer. 

ff. External dose means the portion of the equivalent dose 

that is received from radiation sources outside of the 

body. 

gg. The Freedom of Information Act (FOIA) means the law 

that generally provides for public access to documents 

maintained by the government. It requires the government 

to release those documents upon request, unless the request 

or documents fall within one of nine exceptions listed in 

the law. 

The FOIA also requires the publication of indexes of 

specified agency documents and records; provides time 

limitations for responding to requests; establishes a 

system of penalties for non-compliance with the time 

limitations; requires identification of persons responsible 

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2. Definitions. (Continued) 

for granting or denying requests; provides for court review 

of denials, including classified materials; and provides 

for the levying of charges for searching and copying 

requested materials. 

hh. Gaseous diffusion means a uranium enrichment process 

based on the difference in rates at which uranium isotopes 

in the form of gaseous uranium hexafluoride diffuse through 

a porous barrier. 

ii. Impairment means a loss, loss of use, or derangement 

of any body part, organ system or organ functionality as it 

affects the whole body, as a result of the covered illness. 

An impairment rating is performed once the employee has 

reached Maximum Medical Improvement (MMI) or is terminal. 

[see paragraph(ll) below]. This term should only be used 

in reference to claims under Part E. 

jj. Incapable of self support means the inability to 

obtain or retain employment, or engage in self-employment 

that provides a sustained living wage as a consequence of a 

physical or mental condition, illness or disease. 

kk. Internal dose means the portion of the equivalent dose 

that is received from radioactive materials taken into the 

body. 

ll. Maximum Medical Improvement (MMI) is when the covered 

illness is stabilized and is unlikely to improve with or 

without additional medical treatment. 

 mm. Occupational illness means, under Part B, a covered 

beryllium illness, cancer sustained in the performance of 

duty, specified cancer, chronic silicosis, or an illness 

for which DOJ has awarded compensation under section 5 of 

RECA. This term should only be used in reference to an 

individual(s) entitled to benefits under Part B. 

 nn. Offset is a reduction of the claimant’s benefits under 

the Act. This is required if the claimant receives funds 

pursuant to a final judgment or settlement for the same 

accepted exposure that led to the accepted covered illness. 

 Benefits that are excluded from an offset include: 

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2. Definitions. (Continued) 

(1) Workers’ compensation benefits; 

(2) Insurance policies; and 

(3) A claim for loss of consortium filed by an 

individual other than the covered Part B or Part E 

employee. 

oo. OWCP Medical Fee Schedule is a schedule of maximum 

allowable fees as determined by OWCP for the payment of 

medical and other health services furnished by physicians, 

hospitals, and other providers for an accepted occupational 

illness(es) and an accepted covered illness(es). The 

payment of fee for such service shall not exceed the 

maximum allowable charge with the exception of the 

following: 

(1) Does not apply to charges for services provided 

in nursing homes; this does not include those charges 

for treatment furnished by a physician or other 

medical professionals in a nursing home; or 

(2) Does not apply to charges for appliances, 

supplies, services or treatment furnished by medical 

facilities of the U.S. Public Health Service or the 

Departments of the Army, Navy, Air Force and Veterans 

Affairs. 

pp. Physician includes surgeons, podiatrists, dentists, 

clinical psychologists, optometrists, chiropractors, and 

osteopathic practitioners within the scope of their 

practice as defined by state law. 

The term "physician" includes chiropractors only to the 

extent that their reimbursable services are limited to 

treatment consisting of manual manipulation of the spine to 

correct a subluxation as demonstrated by x-ray to exist. 

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2. Definitions. (Continued) 

qq. The Privacy Act means the statute governing a 

citizen’s right to confidentiality of personal information, 

including financial and medical history, in records filed 

in a system of records under the individual’s own name. 

This law sets forth the government’s responsibility to 

properly maintain and restrict access to these records. 

rr. Probability of causation (PoC) means the probability 

or likelihood that a cancer was caused by radiation 

exposure incurred by a covered employee in the performance 

of duty. In statistical terms, it is the cancer risk 

attributable to radiation exposure divided by the sum of 

the baseline cancer risk (the risk to the general 

population) plus the cancer risk attributable to the 

radiation exposure. Other terms for this concept include 

"assigned share" and "attributable risk percent." 

ss. Radiation means: 

(1) Ionizing radiation in the form of alpha 

particles, beta particles, neutrons, gamma rays, Xrays, or accelerated ions or subatomic particles from 

accelerator machines. 

(2) Non ionizing radiation in the form of radiofrequency radiation, microwaves, visible light, and 

infrared or ultraviolet light radiation. This term 

should only be used in reference to claims under Part 

E. 

tt. RECA means the Radiation Exposure Compensation Act of 

1990, as amended, 42 U.S.C. § 2210 note. RECA is a federal 

statute implemented by Department of Justice that provides 

monetary compensation to individuals who contracted certain 

cancers and a number of other specified diseases as a 

result of defined on-site/downwind exposure to radiation 

released during above-ground nuclear weapons tests or as a 

result of their exposure to radiation during employment as 

uranium miners, millers, or ore transporters. 

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2. Definitions. (Continued) 

(1) Section 4 of RECA provides benefits for 

individuals with cancer who were either proximate to 

atomic tests at the Nevada Test Site (downwinder) or 

participated at the site of an atmospheric atomic 

weapon test (onsite participant). 

(2) Section 5 of RECA provides benefits for 

individuals who have contracted a covered illness 

through exposure to a toxic substance during covered 

employment at a section 5 facility as a uranium miner, 

uranium mill worker, or as a uranium ore transporter. 

uu. Specified Cancers are listed in Section 30.5(ff) of 

the regulations. An employee must be diagnosed with one of 

these specific types of cancer to be considered eligible 

for benefits as a member of the Special Exposure Cohort 

(SEC). The list of specified cancers, which is derived 

from section 4(b)(2) of the RECA Amendments of 2000, is as 

follows: 

(1) Primary or secondary lung cancer (other than a 

diagnosis of in situ lung cancer that is discovered 

during or after a post-mortem exam). Cancer of the 

pleura is also excluded; 

(2) Primary or secondary bone cancer which also 

includes the following: 

(a) Chondrosarcoma of the Cricoid Cartilage of 

the Larynx; 

(b) Myelofibrosis with Myeloid Metaplasia; 

(c) Myelodysplastic Syndromes; 

(d) Polycythemia vera with leukocytosis and 

thrombocytosis; or 

(e) Polycythemia rubra vera, also known as: 

 (i) Polycythemia vera; 

 (ii) P. vera; 

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2. Definitions. (Continued) 

 (iii) Primary polycythemia; 

 (iv) Proliferative polycythemia; 

 (v) Spent-phase polycythemia; or 

 (vi) Primary erythremia. 

 (3) Primary or secondary renal cancers; 

(4) Leukemia (other than chronic lymphocytic 

leukemia), only if onset occurred more than two years 

after initial occupational exposure; 

(5) The following diseases, provided onset was at 

least five years after first occupational exposure: 

(a) Multiple myeloma; 

(b) Lymphomas (other than Hodgkin’s disease); 

(c) Primary cancer of the: 

 

(i) Thyroid; 

(ii) Male or female breast; 

(iii) Esophagus; 

(iv) Stomach; 

(v) Pharynx (tonsil cancer is a cancer of 

the pharynx and is therefore included); 

(vi) Small intestine; 

(vii) Pancreas; 

(viii) Bile ducts; 

(ix) Gall bladder; 

(x) Salivary gland; 

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2. Definitions. (Continued) 

(xi) Urinary bladder (due to biological and 

etiological similarities, Ureter cancer and 

Urethral cancer are included); 

(xii) Brain (which consists of the cerebrum, 

cerebellum, brain stem, and diencephalon and 

excludes intracranial endocrine glands and 

other parts of the central nervous system); 

(xiii) Colon (due to anatomical 

similarities, Rectal cancer is included); 

(xiv) Ovary; or

(xv) Liver (except if cirrhosis or hepatitis 

B is indicated). 

A Carcinoid tumor of the organs listed above may be 

considered as a specified cancer. 

The specified diseases in this section mean the 

physiological condition or conditions that are 

recognized by the National Cancer Institute under 

those names or nomenclature, or under any previously 

accepted or commonly used names or nomenclature. 

vv. Spouse of a covered employee or covered DOE contractor 

employee means a wife or husband of that employee who was 

married to that individual for at least one year 

immediately before the death of that individual. 

ww. Survivor means: 

(1) For claims under Part B, a surviving spouse, 

child, parent, grandchild and grandparent of a 

deceased covered employee; or 

(2) For claims under Part E, a surviving spouse and 

covered child of a deceased covered DOE contractor 

employee. 

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2. Definitions. (Continued) 

 xx. Time of injury means: 

(1) In regard to a claim arising out of exposure to 

beryllium or silica, the last date on which a covered 

Part B employee was exposed to such substance in the 

performance of duty as specified in sections 7384n(a) 

or 7384r(c); or 

(2) In regard to a claim arising out of exposure to 

radiation under Part B, the last date on which a 

covered Part B employee was exposed to radiation in 

the performance of duty as specified in section 

7384n(b); or 

In the case of a member of the Special Exposure Cohort 

under Part B, the last date on which the member of the 

Special Exposure Cohort was employed at the DOE 

facility or the atomic weapons employer facility at 

which the member was exposed to radiation; or 

(3) In regard to a claim arising out of exposure to a 

toxic substance under Part E, the last date on which a 

covered Part E employee was employed at the DOE 

facility or RECA section 5 facility, as appropriate, 

at which the exposure took place. 

 yy. Toxic substance means any material that has the 

potential to cause illness or death because of its 

radioactive, chemical, or biological nature. 

zz. Uncertainty distribution is a statistical term meaning 

a range of discrete or continuous values arrayed around a 

central estimate, where each value is assigned a 

probability of being correct. 

aaa. Wage loss is based on the number of calendar years 

that the covered DOE contractor employee was unable to work 

or sustained a reduction in wages as a result of the 

covered illness. Wage loss compensation is payable for the 

years of lost wages occurring prior to the covered DOE 

contractor employee’s normal Social Security retirement 

age, as determined by his or her date of birth. This term 

should only be used in reference to claims under Part E. 

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2. Definitions. (Continued) 

bbb. Workday means a single workshift, whether or not it 

occurred on more than one calendar day. 

ccc. Worst-case assumption is a term used to describe a 

type of assumption used in certain instances for certain 

dose reconstructions. It assigns the highest reasonably 

possible value to a radiation dose of a covered employee 

based on reliable science, documented experience, and 

relevant data.

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ABBREVIATIONS 

Common abbreviations for EEOICPA terms are as follows: 

AAW Average Annual Wage

AMA Guides American Medical Association’s Guides to the 

Evaluation of Permanent Impairment, 5th Edition

ANRSD Amended NIOSH Referral Summary Document

AWE Atomic Weapons Employer

BAS Branch of Automated Systems

BOTA Branch of Outreach and Technical Assistance 

BPA Bill Processing Agent

BP Branch of Policy

CBD Chronic Beryllium Disease

CDC Centers for Disease Control

CE Claims Examiner

CIS Carcinoma in situ

CLL Chronic Lymphocytic Leukemia

CPT code Current Procedural Terminology

CPWR Center to Protect Workers’ Rights

DAR Document Acquisition Request

DD District Director

DEEOIC Division of Energy Employees Occupational Illness 

Compensation

DMC District Medical Consultant

DME Durable Medical Equipment

DO District Office

DOE Department of Energy

DOJ Department of Justice

DOL Department of Labor

DR Dose Reconstruction

DRGs Diagnostic-Related Groups

ECMS Energy Case Management System 

EEOICP Energy Employees Occupational Illness 

Compensation Program

EEOICPA Energy Employees Occupational Illness 

Compensation Program Act

ESA Employment Standards Administration

FAB Final Adjudication Branch

FD Final Decision

FECA Federal Employees’ Compensation Act

FO Fiscal Officer

FOIA Freedom of Information Act

FY Fiscal Year

GPO Government Printing Office

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GPRA Government Performance Results Act

HCPCS Healthcare Common Procedure Coding System

HHS Department of Health and Human Services

HP Health Physicist

ICD-9 code International Classification of Disease, 9th

Edition

IH Industrial Hygienist

MHSU Medical, Health & Science Unit

MMI Maximum Medical Improvement

NCI National Cancer Institute

NDC number National Drug Code

NIOSH National Institute for Occupational Safety and 

Health 

NIOSH - IREP NIOSH - Interactive Radio Epidemiological 

Program 

NO National Office

NRSD NIOSH Referral Summary Document

OMB Office of Management and Budget

OPM Office of Personnel Management

ORISE Oak Ridge Institute for Science and Education

OWCP Office of Workers’ Compensation Programs

PCA Payee Change Assistant

PEP Program Evaluation Plan

PER Program Evaluation Report

PII Personally Identifiable Information

PM Procedure Manual

POA Power of Attorney

PoC Probability of Causation

PTF Payment Transaction Form

RC Resource Center

RCC Revenue Center Code

RD Recommended Decision

RECA Radiation Exposure Compensation Act 

SEC Special Exposure Cohort

SEM Site Exposure Matrix

SIMS Secretary’s Information Management System

SOAF Statement of Accepted Facts

SOL Office of the Solicitor

SSA Social Security Administration

SWC State Workers’ Compensation

TBD Technical Basis Document

TMS Telephone Management System

TX Toxicologist

WCA Workers’ Compensation Assistant

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FORMS 

Below are listed the various forms used within the DEEOIC. 

Form EE-1 Claim for Benefits under EEOICPA 

Form EE-2 Claim for Survivor Benefits under EEOICPA

Form EE-3 Employment History for Claim under EEOICPA

Form EE-4 Employment History Affidavit for Claim under the 

EEOICPA

Form EE-5 Department of Energy's Response to Employment 

History for Claim under the EEOICPA

Form EE-7 Medical Requirements under the EEOICPA

Form EE/EN-8 Racial/Ethnic Identification under EEOICPA

Form EE/EN-9 Smoking History Identification under EEOICPA

Form EE-10 Claim for Additional Wage-Loss and/or Impairment 

under the EEOICPA

Form EE-12 Dose Reconstruction Consent Form

Form EE-13/EN13Request for Information with Respect to State 

Worker’s Compensation Claims

Form EE/EN-20 Acceptance of Payment under the EEOICPA

Form DL 1-520 Request under the Freedom of Information Act

Form ESA-67a Privacy Act Record System Log of Disclosures

Form OWCP-04 Uniform Bill for Medical Expenses

Form OWCP-915 Claim for Medical Reimbursement

Form OWCP-957 Medical Travel Refund Request

Form OWCP-1500 Health Insurance Claim

Form SSA-581 Authorization to Obtain Earnings Data from the 

SSA

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