Energy Employees Occupational 

Illness Compensation Program

Overview of Parts B and E of the EEOICPA
Administration of the EEOICPA

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 Part B (October 2000)

 Part E (October 2004)

 Agencies:

 Department of Labor (DOL)

 DOL’s Division of Energy Employees Occupational Illness 

Compensation (DEEOIC) administers the EEOICPA

 Department of Energy (DOE)

 Department of Health and Human Services

 National Institute for Occupational Safety and

Health (NIOSH)

 Department of Justice
DOL Program Leadership

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 Secretary of Labor: Eugene Scalia

 Director of OWCP: Julia K. Hearthway

 Director of DEEOIC: Rachel P. Leiton

 DEEOIC District Directors:

 Seattle: Joleen Smith

 Denver: Ron Sanchez

 Cleveland: Karen Spence

 Jacksonville: Jim Bibeault
Employed By Part B Part E

DOE Contractors 

and 

Subcontractors

Yes Yes

DOE Federal 

Employees

Yes No

AWE Employees Yes No

Beryllium 

Vendors

Yes No

RECA Yes Yes

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Employee Eligibility
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Covered Conditions

Condition Part B Part E

CBD Yes Yes

Beryllium 

Sensitivity

Medical 

Monitoring Only

Yes

Chronic Silicosis Yes Yes

Cancer Yes Yes

Any condition 

related to toxic 

exposure

No Yes
Type Part B Part E

Spouse at time 

of death

Yes Yes

Children - under 

age 18; under age 

23 if full-time 

student; or any age 

if medically 

incapable of selfsupport

Yes Yes

Adult Children Yes No

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Survivor Definition
Benefits

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Part B Part E

$150,000 Employee + 

Survivor

Impairment $2,500 per % 

(Employee)

$50,000 RECA Employee

+ Survivor

Wage Loss $10,000 -

$15,000 per

year 

(Employee)

$125,000 Survivor

(+ lump-sum Wage Lossif 

eligible)

$400,000 CAP for B+E combined
Means of Verifying Employment

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 DOE

 EE-5 Employment Verification Form

 Oak Ridge Institute for Science and Education 

(ORISE)

 The Center for Construction Research and 

Training (CPWR)

 Corporate Verifiers

 SSA wage data

 Other Sources

 Including affidavits and records or documents created 

by state and federal agencies
Part B: Dose Reconstruction & 

Probability of Causation

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 Part B Cancer Cases and Dose Reconstruction

 Conducted by NIOSH

 Level and extent of occupational radiation dose

 Probability of Causation (PoC)

 Scientific calculation of likelihood that radiation 

exposure caused cancer

 NIOSH-IREP

 PoC - 50% or greater for award
Part B: Special Exposure Cohort

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 Worker Group Designation

 Presumption – occupational radiation caused cancer

 Employment

 Worked particular location or specific process

 Work day requirement – 250 work days

 “Specified” Cancer

 22 cancers named in law

 Employees determined to be part of a designated 

SEC class with a “specified cancer” do not need a 

NIOSH dose reconstruction
Part B: Adding New SEC Classes

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 Four legislated SEC classes – 3 Gaseous Diffusion 

Plants, plus Amchitka

 NIOSH also designates new SEC classes

 Worker Petition or Agency Decision

 Advisory Board Assistance

 DOL adjudicates SEC cases

 No role in designation
Part E: Causation

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 Claims developed for exposure to toxic substances

 Causation: “At least as likely as not” that exposure to a toxic 

substance at a covered facility during a covered period was a 

significant factor in aggravating, contributing to, or causing 

the claimed illness

 Tools:

 Occupational History Questionnaire (OHQ)

 Site Exposure Matrices (SEM)

 DAR records

 Former Worker Medical Screening Program (FWP) work history 

interviews

 The Center for Construction Research & Training (CPWR)

 DOE Physician Panel Findings

 Other Sources: Affidavits/facility records
Site Exposure Matrices (SEM) Website

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 Repository of information regarding toxic substances 

present at DOE and RECA Section 5 facilities

 Information gathered from a variety ofsources

 Expansion completed in January 2011

 Also contains information regarding scientifically 

established links between certain toxic substances and 

certain illnesses

 Available at http://www.sem.dol.gov
Part E: Employee Impairment

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 Determination of % permanent whole person 

impairment due to covered illness

 AMA’s Guides to the Evaluation of Permanent 

Impairment, 5th Edition

 $2,500 awarded for each % of impairment
Part E: Employee Wage Loss

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 Medical evidence must show decreased 

capacity to work

 Employee Compensation:

 Any year <50% of the pre-disability annual wage =

$15,000 compensation

 Any year > 50% but <75% of the pre-disability 

annual wage = $10,000 compensation
Decision & Appeals Process

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 Recommended Decision - District Office

 Preliminary determination

 Cover letter, decision, and rights to object (oral 

hearing/review of written record)

 Final Decision – Final Adjudication Branch 

(FAB)

 Affirmation of recommendation or remand 

based on objection/ independent review

 Appeal Rights – Reconsideration, Reopening & 

District Court
Claimant Responsibilities

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 File Claim

 Collect/Copy/Submit relevant records

 Respond to information requests

 Talk to co-workers – get affidavits

 Seek assistance if you need help – call 

Resource Center

 Review decision and information for appeal
Claimant Resources

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 11 Resource Centers Nationwide

 Listing of locations available at 

http://www.dol.gov/owcp/energy

 Or call toll free at (866) 888-3322 for

nearest Resource Center location

 DEEOIC web site:

 http://www.dol.gov/owcp/energy/

 General program information

 SEM website

 Forms and Sample Decisions
District Office Jurisdictional Map
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