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FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 

May 2009 

i 

TABLE OF CONTENTS 

Paragraph and Subject Page Date Transmittal No. 

2-1100 Eligibility Requirements for Certain Uranium Workers 

Table of Contents. . . . . . . . i 05/09 09/03 

1 Purpose and Scope. . . . . . . . 1 05/09 09/03 

2 RECA Background. . . . . . . . . 1 05/09 09/03 

3 How DOL Identifies a RECA 

 Section 5 Uranium Worker . . . . 3 05/09 09/03 

4 Determining Uranium Worker 

 Eligibility. . . . . . . . . . . 3 05/09 09/03 

 5 Developing RECA Section 5 

 Claims . . . . . . . . . . . . . 6 05/09 09/03 

 6 Verifying RECA Section 5 

 Part E Employment. . . . . . . . 11 05/09 09/03 

 7 Verifying Part E Exposure for 

 RECA Section 5 Claims. . . . . . 13 05/09 09/03 

 8 RECA Section 4 Claims. . . . . . 14 05/09 09/03 

 9 Interagency Consistency. . . . . 16 05/09 09/03 

Exhibits 

 1 DOJ Response to District 

 Office Request for 

 Identification of Pending 

 RECA Claim . . . . . . . . . . . 05/09 09/03 

 2 Letter to DOJ for RECA 

 Award Confirmation . . . . . . . 05/09 09/03 

3 Alternate Letter to DOJ for 

 RECA Documentation . . . . . . . 05/09 09/03 

 4 DOJ Response to District 

 Office Request for 

 Identification of Pending 

 RECA Claim . . . . . . . . . . . 05/09 09/03 

5 DOJ Letter Indicating No 

 Claim Filed. . . . . . . . . . . 05/09 09/03 

 6 Letter to Claimant Advising 

 of Part B RECA Award 

 Requirement. . . . . . . . . . . 05/09 09/03 

7 Letter to DOJ for Section 4 RECA 

Claim Status . . . . . . . . . . 05/09 09/03 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

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_______________________________________________________________ 

EEOICPA Tr. No. 09-03 

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1. Purpose and Scope. This chapter describes the policies and 

procedures for processing claims involving uranium miners, 

millers, and ore transporters who worked at facilities covered 

by Section 5 of the Radiation Exposure Compensation Act (RECA) 

and, where applicable, the survivors of such employees. This 

chapter also describes the policies and procedures for 

processing claims involving claimants who applied for an award 

under Section 4 of the RECA. 

2. RECA Background. 

a. Department of Justice (DOJ) Administered. On October 

5, 1990, Congress passed the Radiation Exposure 

Compensation Act ("RECA"), 42 U.S.C. § 2210 note, providing 

for payments to individuals who contracted certain cancers 

and other serious diseases as a result of their exposure to 

radiation released during above-ground nuclear weapons 

tests or as a result of their exposure to radiation during 

covered employment. It was the intent of Congress in 

enacting EEOICPA to treat certain uranium workers covered 

under RECA the same as Department of Energy (DOE) workers 

under EEOICPA. 

 b. Section 5 of RECA. 

(1) Covered Employee. Uranium miners, uranium mill 

workers and uranium and vanadium-uranium ore 

transporters who transported ore from mines or mills. 

(2) Covered States. Colorado, New Mexico, Arizona, 

Wyoming, South Dakota, Washington, Utah, Idaho, North 

Dakota, Oregon and Texas. 

(3) Covered Time Period. January 1, 1942 through 

December 31, 1971. 

(4) Covered Illnesses. Primary lung cancer, renal 

cancer, other chronic renal diseases including 

nephritis and kidney tubal tissue injury, and the 

following nonmalignant respiratory illnesses: 

pulmonary fibrosis, fibrosis of the lung, cor 

pulmonale related to pulmonary fibrosis, silicosis and 

pneumoconiosis. 

SUPERSEDED
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EEOICPA Tr. No. 09-03 

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2. RECA Background. (Continued) 

(5) Benefits Payable by DOJ. A payment of $100,000 is 

available to eligible employees or their survivors. 

 c. Section 4 of RECA. 

(1) Downwinders. 

(a) Coverage: Individuals who were physically 

present in one of the affected areas downwind of 

the Nevada Test Site during a period of 

atmospheric nuclear testing, and later developed 

a covered illness. 

(b) Covered Illnesses: Leukemia (other than 

chronic lymphocytic leukemia), multiple myeloma, 

lymphomas (other than Hodgkin’s disease), and 

primary cancer of the thyroid, male or female 

breast, esophagus, stomach, pharynx, small 

intestine, pancreas, bile ducts, gall bladder, 

salivary gland, urinary bladder, brain, colon, 

ovary, liver (except if cirrhosis or hepatitis B 

is indicated), or lung. 

(c) Benefits Payable by DOJ: A payment of 

$50,000 is available to eligible individuals. 

(2) Onsite Participants. 

(a) Coverage: Individuals who participated 

onsite in a test involving the atmospheric 

detonation of a nuclear device, and later 

developed a covered illness. 

(b) Covered Illnesses: Same as downwinders. 

(c) Benefits Payable by DOJ: A payment of 

SUPERSEDED

$75,000 is available to eligible individuals. 
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

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2. RECA Background. (Continued) 

d. All claims identified as RECA claims, Section 4 or 

Section 5, should be referred to the Denver District Office 

for adjudication regardless of the employee’s last place of 

employment. 

3. How DOL Identifies a RECA Section 5 Uranium Worker. The 

Claims Examiner (CE) can identify a claim submitted by a Section 

5 RECA uranium worker, or an eligible surviving beneficiary of 

such uranium worker, by reviewing the information provided on 

the EE-1 or EE-2. If the claimant indicated on the EE-1 or EE-2 

that the employee was a uranium worker, or that a Section 5 RECA 

award was applied for or has been approved, the claim is to be 

developed in accordance with the guidance set out under this 

Chapter. In cases where the EE-1 or EE-2 does not specify if the 

employee was/is a uranium worker and/or the Section 5 RECA 

status, the CE will review the EE-3, if provided, for an 

indication of possible RECA employment. 

4. Determining Uranium Worker Eligibility. Under Part B, 

eligibility is entirely dependent upon a Section 5 RECA award. 

Under Part E, denial of a Section 5 award by the DOJ has no 

effect on a claimant’s eligibility. The CE must independently 

develop a claimant’s Part E claim as set forth in this Chapter. 

a. Benefits Available Under Part B. 

(1) Award Letter from DOJ. 42 U.S.C. § 7384u 

describes the requirements for determining eligibility 

for benefits under Part B of the EEOICPA. An 

individual is a “covered uranium employee” when the 

DOJ has determined that the employee or his or her 

survivor is entitled to payment of $100,000 as 

compensation due under Section 5 of the RECA for a 

claim made under that statute and has issued a Section 

5 RECA award. Receipt of payment is not required. DOJ 

advises DOL of Section 5 RECA awards in writing 

SUPERSEDED

(Exhibit 1). 
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

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EEOICPA Tr. No. 09-03 

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4. Determining Uranium Worker Eligibility. (Continued) 

(2) No Additional Development. Once the CE receives 

confirmation of the Section 5 award, the Part B claim 

is in posture for acceptance. The illness awarded 

under RECA by DOJ must also be awarded under Part B of 

the EEOICPA. 

(3) Benefits Payable. If the Section 5 RECA 

recipient is a uranium worker and was approved for a 

lump sum compensation payment of $100,000 under 

Section 5 of the RECA, the additional lump sum payment 

of $50,000 under Part B of the EEOICPA will be made to 

the uranium worker. The uranium worker is also 

eligible for medical benefits in relation to his or 

her accepted covered condition(s) per 42 U.S.C § 

7384t. 

(a) If the Section 5 RECA recipient is deceased, 

the uranium worker’s eligible survivor(s) is 

entitled to the additional lump sum payment of 

$50,000 compensation. The CE will review the 

claim for survivor benefits per 42 U.S.C. § 

7384u(e). 

(b) If the Section 5 RECA recipient(s) was 

awarded benefits as surviving beneficiary(s) of a 

covered uranium worker, the additional lump sum 

payment of $50,000 under the EEOICPA will be made 

to the same recipient(s). No survivorship 

development is conducted. For example, it is 

unnecessary to obtain a marriage certificate from 

a surviving spouse who has already received a 

Section 5 RECA award as a surviving beneficiary. 

(c) If the uranium worker’s survivor(s) received 

the Section 5 RECA award and died, only the 

eligible survivor(s) of the uranium worker

described in 42 U.S.C. § 7384u(e) are eligible 

SUPERSEDED

for EEOICPA benefits. 
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

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 Certain Uranium Workers 

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4. Determining Uranium Worker Eligibility. (Continued) 

(4) Issuing Recommended and Final Decisions. A 

decision of acceptance of a Part B claim will address 

the fact that the additional lump sum payment of 

$50,000 and medical benefits are awarded in addition 

to and as a result of Section 5 RECA award of 

$100,000. 

 b. Benefits Available Under Part E. 

(1) NO DOJ Award Required. As noted above, a DOJ 

Section 5 award denial has no effect on a claimant’s 

eligibility under Part E due to expanded definition of 

a covered uranium worker under Part E and coverage 

extending to any medical condition if it is determined 

to be related to exposure to toxic substances at a 

covered DOE facility or covered uranium mine or mill. 

The CE must independently develop a claimant’s Part E 

claim where there is no DOJ award. 

(2) DOJ Award Letter / Part B Acceptance. In all 

instances other than awards involving survivors, an 

acceptance under Part B will correlate to an automatic 

acceptance under Part E as to the medical conditions 

accepted by DOJ and the CE can prepare a recommended 

decision to accept the claim for benefits under the 

Act and proceed with whatever other development that 

is required (i.e. other claimed illnesses, impairment 

claims and wage loss claims). 

(a) Eligible survivors of Section 5 RECA award 

recipients, and survivors who are award 

recipients in their own right, are approved for 

benefits under Part B of the EEOICPA. However, 

such acceptance under Part B does not 

automatically translate to an acceptance under 

Part E. Survivors of Section 5 RECA award 

recipients, and survivors who are award 

recipients in their own right, must submit the 

requisite documents to establish survivorship 

eligibility under Part E. All Part E survivorship 

rules apply to RECA survivors. The CE develops 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

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4. Determining Uranium Worker Eligibility. (Continued) 

all necessary requirements to establish 

survivorship eligibility as it is defined under 

Part E of the EEOICPA. 

(3) Benefits Payable. In addition to medical 

benefits, Part E of the Act grants covered employees 

compensation for impairment and/or wage loss related 

to an accepted illness. 

5. Developing RECA Section 5 Claims. The CE must evaluate the 

status of the Part B and Part E claims as follows in order to 

proceed with adjudication. In all cases where employment 

verification is required, the CE proceeds under the guidance set 

forth under paragraph 6. In all instances where a uranium worker 

files a claim under EEOICPA without demonstrating a RECA award, 

DOL must write to DOJ for additional information. 

a. Section 5 RECA Covered Condition. Once a Section 5 

RECA claim is identified, the CE prepares a letter to DOJ 

(Exhibit 2) notifying DOJ that a claim based on RECA has 

been submitted and requesting information concerning 

whether the claimant either received an award or filed a 

claim under Section 5 of the RECA. This letter provides DOJ 

with options for response depending on the status of the 

RECA claim. The initial inquiry to DOJ is not done via 

email. As discussed below, no further information is 

required of DOJ if a Section 5 RECA award has been approved 

for all claimed conditions. If a Section 5 RECA claim is 

pending, the letter requests that DOJ send a letter 

verifying employment and all medical, employment and 

survivorship evidence on file. If the Section 5 award is 

denied, the letter requests the following: a copy of DOJ’s 

decision and all employment, medical and survivorship 

evidence available to DOJ. If no Section 5 RECA claim 

exists, the letter requests that DOJ send a letter 

verifying employment. 

 

b. Condition Not Covered Under RECA Section 5, But Claim 

Involves a Uranium Miner. The CE prepares a different 

SUPERSEDED

letter to DOJ (Exhibit 3) if the claimed condition is not a 
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

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 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 

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5. Developing RECA Section 5 Claims. (Continued) 

covered RECA Section 5 illness. This letter requests that 

DOJ send all employment, medical and survivorship evidence 

available to DOL and a statement verifying employment 

regardless of the outcome of the Section 5 claim. 

c. If the claimant filed for a medical condition that is 

not covered under the RECA in addition to covered RECA 

conditions, the CE may send the standard request to DOJ 

(Exhibit 2) and defer the request for copy of records until 

additional development is conducted to avoid multiple 

requests for the same claim. The CE may also defer the 

request for copy of records based on the nature and quality 

of the medical evidence in the case file. Upon receipt of 

the requested documentation from DOJ, the CE can request 

whatever additional evidence deemed necessary for 

development at a later date via follow up email 

communication with DOJ. The CE attaches a copy of the EE-1 

or EE-2 to the letter in all instances. The EE-1 or EE-2 

signed by the claimant serves as a Privacy Act waiver 

allowing DOJ to release information to DOL regarding 

specific individuals. 

 

 d. Response from DOJ. 

(1) DOJ Approves the Section 5 Award. DOJ advises 

DOL of Section 5 RECA awards in writing (Exhibit 1). 

Once the CE receives confirmation of the award, the 

Part B claim is in posture for acceptance. 

(2) DOJ Award Adjudication Pending. If a Section 5 

RECA claim is filed but pending DOJ adjudication, DOJ 

will provide DOL with a letter (Exhibit 4). DOJ also 

provides DOL with the factual statement of employment 

as requested and all employment, medical and 

survivorship evidence available to DOJ. The CE 

proceeds to develop for benefits under Part E. Any 

factual statement provided by the DOJ verifying the 

uranium worker’s specific dates and places of 

employment covered under Section 5 of the RECA 

suffices to verify employment as to those specific 

dates and places only. 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 

May 2009 

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5. Developing RECA Section 5 Claims. (Continued) 

(3) DOJ Denies Section 5 Award. A DOJ Section 5 award 

denial automatically translates into a DOL denial 

under Part B. However, due to the expanded definition 

of a covered uranium worker and expanded covered 

conditions under Part E, a DOJ Section 5 award denial 

has no effect on Part E adjudication, and the CE 

continues to develop for coverage regardless of any 

negative determination or pending action on the part 

of DOJ. DOJ may deny Section 5 awards based upon RECA 

employment requirements that have no bearing on the 

EEOICPA. Additionally, DOJ denies Section 5 awards if 

the claimed condition is not a covered condition under 

the RECA. Expanded covered conditions under Part E 

might allow for an acceptance where DOJ has denied a 

claim. Accordingly, the CE proceeds to develop for 

Part E benefits, obtains all information relevant to 

DOJ’s adjudication process from DOJ, and evaluates all 

available evidence to reach a determination as to 

coverage under the Act. 

(4) No DOJ Section 5 Claim Filed. If the DOJ 

responds (Exhibit 5) indicating the claimant has not 

filed for an award under Section 5 of the RECA, the CE 

will contact the claimant in writing (Exhibit 6) and 

advise the claimant that benefits may only be awarded 

under Part B of the EEOICPA if the covered employee or 

claimant has been approved for an award under Section 

5 of the RECA. The letter also notifies the claimant 

their Part E claim is not dependent on a Section 5 

RECA award and is being developed. In such cases, the 

CE requests employment verification from DOJ (See 

Exhibits 2 and 3). The letter should ask the DOJ to 

confirm the accuracy of the claimed employment and 

whether the reported employment is covered under the 

RECA. The CE completes development of the Part E 

claim and issues a recommended decision as soon as all 

the required facts are examined and a coverage 

SUPERSEDED

determination made. 
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 

May 2009 

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5. Developing RECA Section 5 Claims. (Continued) 

(5) If a claimant was denied due to having no Section 

5 RECA award and later obtains an award and submits it 

to DEEOIC, there is no need to require the claimant to 

file a new claim. In this instance, the claim is 

simply reopened and adjudicated under the guidance set 

out in this Chapter. 

e. Evaluating and Obtaining Evidence from DOJ. In some 

cases DOJ initially provides verification of RECA Section 5 

employment in the form of a factual statement of 

employment. The initial communication with 

DOJ (Exhibit 2) indicates that additional evidence 

may be sought as claim adjudication proceeds. The DO CE 

seeks additional evidence from DOJ as necessary by 

contacting DOJ in writing (either by letter or email) 

requesting whatever additional documentation is required to 

adjudicate the claim under Part E. DOJ has requested that 

all medical, employment and survivorship (if applicable) 

evidence be requested at the same time to avoid multiple 

requests on the same claim. 

In cases where DOJ does not grant a Section 5 award based 

upon employment, the CE requests all employment and medical 

evidence in DOJ’s possession and renders an independent 

finding as to employment. The CE reviews all evidence 

obtained from DOJ to assist in reaching a decision 

regarding the acceptance or denial of benefits under the 

EEOICPA. 

(1) Concurrent Development. While obtaining 

information from DOJ is important, the CE concurrently 

conducts independent development as needed to obtain 

employment, medical, survivorship and exposure 

evidence that assists the CE in adjudicating the claim 

under Part E. Such development should begin 

immediately upon receipt of the claim file in the DO 

if a medical condition is claimed that is not covered 

under the RECA or if the applicant indicates a RECA 

claim was not filed. The CE pursues additional 

evidence from the claimant, treating physicians, other 

health care providers, employers, and exhausts all 

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Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 

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5. Developing RECA Section 5 Claims. (Continued) 

other sources of information when developing for 

adjudication. The CE reviews and weighs all evidence 

obtained through the development process before 

issuing the recommended decision. 

f. Cancer Claims. Based upon a diagnosed cancer not 

accepted under RECA and covered employment, the case file 

must be referred for dose reconstruction to the Department 

of Health and Human Service’s National Institute for 

Occupational Safety and Health (NIOSH). The dose 

reconstruction is used to determine the probability of 

causation between the diagnosed cancer and the radiation 

dose potentially received during the covered employment. 

If a cancer claim is accepted under Part E based on 

exposure to a chemical or biological toxic substance, there 

is no need to refer the case to NIOSH. 

g. Issuing the Recommended / Final Decision and Post 

Adjudication Actions. Once the CE receives confirmation of 

a Section 5 RECA award, a recommended decision to accept 

the Part B claim should be issued. In all instances other 

than awards involving survivors, an acceptance under Part B 

will correlate to an acceptance under Part E as to the 

medical conditions accepted by DOJ and the CE can prepare a 

recommended decision to accept the claim for benefits under 

the Act and proceed with whatever other development that is 

required (i.e. other claimed illnesses, impairment claims 

and wage loss claims). The recommended decision of 

acceptance will address the fact that the additional lump 

sum payment of $50,000 and medical benefits when 

applicable, are awarded in addition to the Section 5 RECA 

award of $100,000. 

(1) Part E Claim in Posture for Denial. If after 

complete development, the CE determines that the Part 

E claim is in posture for denial, no recommended 

decision denying benefits is issued until DOJ has 

issued its decision regarding the Section 5 award, 

SUPERSEDED

because a DOJ acceptance may prompt an automatic 
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

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EEOICPA Tr. No. 09-03 

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5. Developing RECA Section 5 Claims. (Continued) 

approval under Part B and Part E (except in certain 

survivorship cases). In such cases where the Part E 

EEOICPA claim is in posture for denial and is pending 

adjudication at DOJ, the CE may administratively close 

the claim for timeliness purposes and reopen once DOJ 

issues its decision. 

(2) Acceptances. If after complete development the 

CE determines that any part of the Part E EEOICPA 

claim is in posture for acceptance, a recommended 

decision is issued accepting the claim under Part E. 

The CE must address the status of the Part B claim in 

the recommended decision. 

(3) Part B Reopening. If a Part B claim is denied by 

the Final Adjudication Branch because the claimant has 

not filed for or received an award under Section 5 of 

the RECA and the claimant later submits evidence 

showing a Section 5 award, a reopening should be 

initiated by the district office. 

6. Verifying RECA Section 5 Part E Employment. Under Part E, 

the CE must develop claimed employment if the employee or 

survivor claims a medical condition not included in the 

claimant’s RECA award. If not already submitted, the CE will 

send a Form EE-3 to the claimant so that all potentially 

eligible employment can be identified and developed. This 

should be done upon the initial review of the claim file if a 

medical condition is claimed that is not covered under the RECA. 

The CE does not need to develop employment under Part E where 

all claimed medical conditions were awarded under RECA. 

a. DOJ Employment Verification. Upon receipt of the 

notification letter that the Department of Labor has 

received a RECA claim, DOJ searches its records. DOJ issues 

a letter to DOL regarding the status of the claimant’s 

Section 5 RECA claim. If requested, DOJ will also provide 

copies of all medical, employment and survivorship evidence 

on file for the employee. DOJ refers to survivorship 

SUPERSEDED

documents as “identification” documents. 
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 Certain Uranium Workers 

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6. Verifying RECA Section 5 Part E Employment. (Continued) 

(1) Employment Verified. In instances where 

employment is verified by a Section 5 RECA award, the 

CE accepts this as proof establishing covered 

employment under the EEOICPA for the medical 

conditions upon which the RECA award is based. 

(2) Employment Not Verified. In cases where DOJ has 

denied a Section 5 award based upon employment, the CE 

requests from DOJ (Exhibit 2) all evidence at its 

disposal that was used to determine that employment 

could not be verified. In instances where DOJ denies 

a Section 5 RECA claim because employment cannot be 

verified, or where no Section 5 RECA claim exists, the 

CE must independently develop employment. 

 (a) Reasons for Failure to Verify: DOJ cannot 

 verify employment if no record of employment 

 exists or if claimed employment at a certain mine 

 or mill falls outside of the period in which the 

mine or mill was in operation or outside of the 

covered time period. In such instances, the CE 

conducts further development and obtains 

additional evidence where available in an attempt 

to verify employment during the covered time 

period of January 1, 1942 through December 31, 

1971. 

b. Use of SEM for Employment Development. The SEM cannot 

by itself verify employment. However, SEM should be used 

to verify the claimed site of covered employment years of 

operation and known operating contractors during the period 

of claimed employment. SEM contains a list of uranium 

mines, uranium mills and vanadium-uranium ore transporters 

and the time period each was in operation. By obtaining 

Social Security Administration (SSA) earnings records, the 

CE can confirm the employee worked for the reported 

employer(s). However, an affidavit (such as a Form EE-4) 

or verification from the DOJ is needed to place the worker 

at the covered site. Additionally, the SEM “Site History” 

SUPERSEDED

section for each facility lists all prime operating 
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 Certain Uranium Workers 

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6. Verifying RECA Section 5 Part E Employment. (Continued) 

entities and respective operating dates. The CE should 

attempt to match the operator’s name and dates to 

employment evidence as an additional corroborative step 

toward verifying employment. 

c. Uranium Worker Employment Requirements. In 

developing a claim for a uranium worker, only one day of 

employment exposure is required, but additional employment 

may be necessary to satisfy certain causation criteria 

regarding exposure as will be outlined in the new unified 

EEOICPA PM 2-0700 Establishing Toxic Substance Exposure. 

d. The CE assesses exposure for a uranium ore transporter 

based upon that individual’s confirmed presence at a 

uranium mine or mill. Claimed exposure in transit will not 

be considered when conducting a causation analysis. Only 

the time in which an ore transporter is actually physically 

present at a mine or mill will be counted as covered 

employment for exposure development purposes. 

7. Verifying Part E Exposure for RECA Section 5 Claims. The 

CE evaluates exposure for uranium workers based upon SEM and/or 

other data which will be outlined in the new unified EEOICPA PM 

2-0700. The CE also verifies exposure through employment 

exposure records and supporting evidence submitted by the 

claimant. In addition, the Resource Center (RC) calls the 

claimant to complete an occupational history questionnaire (OHQ) 

on RECA claims to obtain information regarding exposure. 

a. Ensuring SEM Accuracy. - All covered RECA Section 5 

uranium mines, mills and ore transporters should be listed 

in SEM because all such employment is covered under the 

EEOICPA. If the CE identifies a uranium mine, uranium mill 

or a vanadium-uranium ore transporter in operation during 

the covered time period but not listed in SEM, the CE 

should provide all pertinent facts regarding the omitted 

site or employer to the designated DO SEM point of contact 

(POC). The DO SEM POC will contact the National Office SEM 

POC via email. The National Office SEM POC will then 

contact DOJ to determine coverage. 

 

SUPERSEDED
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EEOICPA Tr. No. 09-03 

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7. Verifying Part E Exposure for RECA Section 5 Claims. 

(Continued) 

 b. Employment Evidence. The CE uses employment records, 

 where available, to evaluate for exposure. The CE obtains 

 such evidence from either the claimant or the employer and 

 reviews the totality of the evidence of file to determine 

 whether or not it is established that the employee was 

 exposed to a toxic substance. 

c. Occupational History Development. As noted above, the 

RC calls the claimant to complete an OHQ on most RECA 

claims involving the worker or eligible survivors. An OHQ 

is designed specifically to develop information regarding 

workplace exposure. The CE is to request that the RC 

conduct an OHQ interview if one has not been conducted for 

an eligible claimant. 

8. RECA Section 4 Claims. Some EEOICPA claimants may have 

filed a claim under Section 4 of the RECA. The statutory 

language in 42 U.S.C. § 7385j of the EEOICPA acts as a bar to 

any cancer claim filed by an individual under EEOICPA who has 

received compensation under Section 4 RECA. Section 4 of the 

RECA only provides benefits for cancer. As such, a claimant 

cannot receive an award under both Section 4 RECA and the 

EEOICPA for a cancer claim regardless of whether the claimant 

filed for different cancers under EEOICPA than awarded under 

RECA 4 or if the claimant filed for multiple cancers and one or 

more cancers is the same as the cancer awarded under RECA 

Section 4. If a claimant has not yet received a Section 4 RECA 

award and is eligible for an EEOICPA award, the claimant must 

choose between the Section 4 RECA award and the EEOICPA award. 

A RECA Section 4 award has no effect on non-cancerous conditions 

claimed under the EEOICPA. 

Under RECA, an individual cannot receive an award under both 

Section 4 and Section 5. Without an award under RECA section 5, 

a claim based on RECA employment will not meet the Part B 

requirements. 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 

May 2009 

15 

8. RECA Section 4 Claims. (Continued) 

a. Identifying a Section 4 RECA Claimant. The CE can 

identify a claim submitted by a Section 4 RECA claimant by 

reviewing the information provided on the EE-1 or EE-2. If 

the claimant checked the box indicating he or she applied 

for an award under Section 4 RECA, the claim is to be 

developed in accordance with the guidance set out in this 

section. 

b. Letter to DOJ – Section 4 RECA. Once a Section 4 RECA 

claim is identified, the CE prepares a letter to DOJ 

(Exhibit 7) requesting information concerning whether the 

claimant either received an award or filed a claim under 

Section 4 of the RECA. The CE attaches a copy of the EE-1 

or EE-2 to the letter in all instances. 

c. DOJ Approves the Section 4 Award. Should cancer be 

the only claimed illness under the EEOICPA, and an 

acceptance of an award under RECA Section 4 is confirmed, 

the CE may proceed with a recommended denial of 

compensation under Part E. The denial of compensation 

should specifically reference the exclusion of benefits for 

cancer under both EEOICPA and RECA contained in 42 U.S.C. § 

7385j. 

d. DOJ Award Adjudication Pending. If the response from 

DOJ indicates that a RECA Section 4 decision is pending, 

the CE takes the following actions depending on the claimed 

conditions: 

(1) Cancer. - The CE must prepare a letter to the 

claimant(s), explaining that an EEOICPA and a RECA 

Section 4 cancer claim cannot be adjudicated 

concurrently. The claimant(s) must be asked to select 

which program they wish to pursue benefits under, for 

the claimed cancer(s). The claimant(s) must be 

notified that if they accept the RECA Section 4 award, 

they cannot receive an award under the EEOICPA for a 

cancer claim. The claimant(s) should be notified that 

if they either fail to respond within 30 days, or if 

they elect to pursue their cancer claim under RECA, 

their EEOICPA cancer claim will be denied. The 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 

May 2009 

16 

8. RECA Section 4 Claims. (Continued) 

claimant(s) should also be advised that if they wish 

to pursue their cancer claim under EEOICPA, they must 

formally withdraw their claim from RECA, and 

confirmation of such withdrawal must be obtained from 

DOJ. The letter should further state that if their 

RECA claim ultimately ends in a denial, then they may 

seek to have their EEOICPA cancer claim reopened. 

Depending upon the response from the claimant(s), the 

CE will either proceed with the adjudication of the 

claimed cancer (upon confirmation of RECA Section 4 

withdrawal) or will proceed with development of the 

case for non-cancerous conditions, and will issue a 

recommended decision that includes a denial for the 

claimed cancer. Any recommended decision that includes 

a denial of a claimed cancer, on the grounds that 

compensation cannot be awarded under both RECA Section 

4 and EEOICPA, must reference 42 U.S.C. § 7385j. 

(2) Non-Cancer. Any non-cancerous condition will be 

treated like any other claim. 

e. Rejection of Section 4 RECA Award. If DOJ reports 

that a RECA-4 award has been granted, but the claimant has 

elected to reject the settlement, and if a copy of the 

Acceptance of Payment form confirms this, the CE can 

proceed with the adjudication of the cancer claim under the 

EEOICPA. 

9. Interagency Consistency. As noted above, since uranium 

workers and their survivors are treated and defined differently 

under Part E than Part B, and the universe of covered conditions 

has expanded significantly under Part E, uniform consistency in 

agency decision making is not always possible. Nonetheless, DOL 

and DOJ will inform each other when decisions are to be issued 

that are inconsistent with the other agency’s findings. Both DOJ 

and DOL will work to issue consistent decisions where employment 

verification findings are concerned, but this may not always be 

possible. As such, FAB supplies DOJ with copies of final 

decisions issued to RECA claimants. DOJ will provide DEEOIC 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 

May 2009 

17 

9. Interagency Consistency. (Continued) 

National Office with copies of those decisions inconsistent with 

DEEOIC findings. Additionally, the Senior CE in the DO will 

inform DOJ via email when a recommended decision is being issued 

that is inconsistent with a DOJ decision. 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 Exhibit 1 

May 2009 

Page 1 of 1 

[District Director] 

District Director 

U.S. Department of Labor 

EEOICP 

1999 Broadway 

Suite 1120 

Denver, CO 80202-5711 

RE: John M. Doe, DOL Cl. No. 211-16-0000; DOL Cl. No. 999-99-9999 

Dear [District Director]: 

 We have conducted a search of our records and have determined that the 

claim filed on behalf of John M. Doe by his eligible surviving beneficiary, 

Jane M. Doe, was approved for an award under Section 5 of the Radiation 

Exposure Compensation Act, 42 U.S.C. § 2210 note (2000), amended by Pub. L. No. 

107-273 (2002), on August 1, 2001, for the following medical condition: 

Pulmonary fibrosis, Fibrosis of the Lung, Lung Cancer, Cor Pulmonale, Chronic 

Renal Disease, Silicosis, and Pneumoconiosis, Moderate to Sever. Please feel 

free to contact me with any questions, comments or concerns you may have. 

 Very Truly Yours, 

 Claudia B. Gangi 

 Trial Attorney 

 Civil Division 

 United States Department of Justice 

 Ben Franklin Station 

 Washington, D.C. 20044-0146 

SUPERSEDED

 (202) 616-4138
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 Exhibit 2 

May 2009 

Page 1 of 2 

U.S. DEPARTMENT OF LABOR Employment Standards Administration

Energy Employees’ Occupational Illness Compensation

1999 Broadway, Suite 1120

Denver, CO 80202-5711

Date: 

US DEPARTMENT OF JUSTICE 

RECA PROGRAM 

1425 NEW YORK AVE. NW, ROOM 3148 

WASHINGTON, DC 20005 [All letters to this address must be 

grouped together and sent via an overnight carrier] 

Re: Employee: 

 Employee SSN: 

Dear: 

The U.S. Department of Labor (DOL) has received a claim for 

benefits under the Energy Employees Occupational Illness 

Compensation Program Act (EEOICPA) regarding the abovereferenced employee. Please see attached EE-1/EE-2 claim form. 

The claimant seeks benefits as a Radiation Exposure Compensation 

Act (RECA) uranium worker or survivor of a uranium worker under 

the EEOICPA. Accordingly, DOL requests the following information 

from the Department of Justice (DOJ) so that the claim under the 

EEOICPA may be processed: 

 1. Confirmation of entitlement under Section 5 of the 

 RECA; 

2. If an award has not been issued, then advise if a 

Section 5 RECA claim is pending. If pending, please 

provide DOL with a letter that includes a factual 

statement verifying dates and places of employment 

covered under Section 5 of the RECA and a copy of all 

employment, medical and identification records in 

DOJ’s possession regarding the employee. If the claim 

is denied at a later date, please provide information 

under the criteria set out below; 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 Exhibit 2 

May 2009 

Page 2 of 2 

3. If DOJ denied the Section 5 RECA claim, please provide 

DOL with all employment, medical and identification 

records in DOJ’s possession regarding the employee and 

a copy of DOJ’s decision in this matter; 

4. If no Section 5 RECA claim has been filed, please 

provide DOL with a letter verifying dates and places 

of employment covered under Section 5 of the RECA. 

DOL appreciates your cooperation so that we may fully adjudicate 

the above-referenced claim for benefits under the EEOICPA. 

Should you have any questions or concerns, please do not 

hesitate to contact me. 

Sincerely, 

Claims Examiner 

Enclosures: EE-1 or EE-2

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 Exhibit 3 

May 2009 

Page 1 of 1 

U.S. DEPARTMENT OF LABOR Employment Standards Administration

Energy Employees’ Occupational Illness Compensation

1999 Broadway, Suite 1120

Denver, CO 80202-5711

Date: 

US DEPARTMENT OF JUSTICE 

RECA PROGRAM 

1425 NEW YORK AVE. NW, ROOM 3148 

WASHINGTON, DC 20005 [All letters to this address must be 

grouped together and sent via an overnight carrier] 

Re: Employee: 

 Employee SSN: 

Dear: 

The U.S. Department of Labor (DOL) has received a claim for 

benefits under the Energy Employees Occupational Illness 

Compensation Program Act (EEOICPA) regarding the abovereferenced employee. Please see attached EE-1/EE-2 claim form. 

The claimant seeks benefits as a Radiation Exposure Compensation 

Act (RECA) uranium worker under the EEOICPA. 

As the claimant seeks benefits for a medical condition not 

covered under the RECA, please provide DOL with a letter that 

includes a factual statement verifying dates and places of 

employment covered under Section 5 of the RECA and all 

employment, medical and identification records in DOJ’s 

possession regarding the employee. Please also include a copy of 

any DOJ decision in this matter if it has not been submitted. 

DOL appreciates your cooperation so that we may fully adjudicate 

the above-referenced claim for benefits under the EEOICPA. 

Should you have any questions or concerns, please do not 

hesitate to contact me. 

Sincerely, 

Claims Examiner 

Enclosures: EE-1 or EE-2

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 Exhibit 4 

May 2009 

Page 1 of 1 

[District Director] 

District Director 

U.S. Department of Labor 

EEOICP 

1999 Broadway 

Suite 1120 

Denver, CO 80202-5711 

RE: John M. Doe, DOL Cl. No. 211-16-0000; DOL Cl. No. 999-99-9999 

Dear [District Director]: 

 We have conducted a search of our records and have determined that Jane 

M. Doe filed a claim on behalf of John M. Doe under Section 5 of the Radiation 

Exposure Compensation Act, 42 U.S.C. § 2210 note (2000), amended by Pub. L. No. 

107-273 (2002) (“RECA”), on August 1, 2001. Please note that the RECA claim is 

still pending. Feel free to contact me with any questions, comments or 

concerns you may have. 

 Very Truly Yours, 

 Claudia B. Gangi 

 Trial Attorney 

 Civil Division 

 United States Department of Justice 

 Ben Franklin Station 

 Washington, D.C. 20044-0146 

 (202) 616-413

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 Exhibit 5 

May 2009 

Page 1 of 1 

[District Director] 

District Director 

U.S. Department of Labor 

EEOICP 

1999 Broadway 

Suite 1120 

Denver, CO 80202-5711 

RE: John M. Doe, DOL Cl. No. 211-16-0000; DOL Cl. No. 999-99-9999 

Dear [District Director]: 

 We have conducted an extensive search of our records and have determined 

that no one has filed a claim on behalf of John M. Doe under Section 5 of the 

Radiation Exposure Compensation Act, 42 U.S.C. § 2210 note (2000), amended by 

Pub. L. No. 107-273 (2002). Please feel free to contact me with any questions, 

comments or concerns you may have. 

 Very Truly Yours, 

 Claudia B. Gangi 

 Trial Attorney 

 Civil Division 

 United States Department of Justice 

 Ben Franklin Station 

 Washington, D.C. 20044-0146 

 (202) 616-4138 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 Exhibit 6 

May 2009 

Page 1 of 2 

U.S. DEPARTMENT OF LABOR Employment Standards Administration

Energy Employees’ Occupational Illness Compensation

1999 Broadway, Suite 1120

Denver, CO 80202-5711

1-888-805-3389 (toll-free)

Date: 

Claimant Name Uranium Worker: 

Street Address SSN: 

City, State Zip RECA Claim No.: 

Dear Claimant: 

We are in receipt of the claim you filed under the Energy 

Employee Occupational Illness Compensation Program Act 

(EEOICPA). The information you provided on your claim form 

indicates that (uranium worker’s name) was a uranium worker. 

The Denver District Office contacted the Department of Justice 

on (Date Contacted) to request verification that you have been 

approved for an award under Section 5 of the Radiation Exposure 

Compensation Act (RECA). On (Date Replied), the Department of 

Justice confirmed that they have not received a claim from you 

under the RECA. 

Uranium workers are not covered under Part B of the EEOICPA 

unless they have received a notice of award from the Department 

of Justice under Section 5 of RECA. The first step in pursuing 

a claim under Part B of the EEOICPA with the Division of Energy 

Employees Occupational Illness Compensation Program (DEEOICP) is 

to file a claim with the Department of Justice under Section 5 

of RECA. 

This letter serves as official notification that you have 60 

days from the date of this correspondence to file a claim with 

the Department of Justice under Section 5 of RECA. It is your 

responsibility to provide this office with proof that you have 

filed with the Department of Justice under Section 5 of RECA. 

If you do not file a claim with the Department of Justice or 

provide proof of filing to the DEEOICP within the allotted 60 

days, this office will render a decision on your Part B EEOICPA 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 Exhibit 6 

May 2009 

Page 2 of 2 

claim. Your Part E claim is not dependent on a Section 5 RECA 

award and is presently under development. 

The Department of Justice may be contacted at: 

U.S. Department Of Justice 

Radiation Exposure Compensation Program 

P.O. Box 146 

Ben Franklin Station 

Washington, D.C. 20044-0416 

Or by calling: 

1-800-729-7327 

Sincerely, 

Name 

Claims Examiner 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 Exhibit 7 

May 2009 

Page 1 of 2 

U.S. DEPARTMENT OF LABOR Employment Standards Administration

Energy Employees’ Occupational Illness Compensation

1999 Broadway, Suite 1120

Denver, CO 80202-5711

Date: 

US DEPARTMENT OF JUSTICE 

RECA PROGRAM 

1425 NEW YORK AVE. NW, ROOM 3148 

WASHINGTON, DC 20005 [All letters to this address must be 

grouped together and sent via an overnight carrier] 

Re: Employee: 

 Employee SSN: 

Dear: 

The U.S. Department of Labor (DOL) has received a claim for 

benefits under the Energy Employees Occupational Illness 

Compensation Program Act (EEOICPA) regarding the abovereferenced employee. Please see the attached EE-1 or EE-2 claim 

form. The employee (or a beneficiary of the employee), has 

indicated that they are seeking benefits under the Radiation 

Exposure Compensation Act (RECA) section 4. 

To make a determination of eligibility under the EEOICPA, the 

Department of Labor requires information on the status of the 

RECA section 4 claim. Please provide the following: 

• Copy of any RECA section 4 award or denial notice 

• If a RECA section 4 award was granted, but the claimant has 

elected to reject payment, provide DOL with a copy of the 

Acceptance of Payment form, indicating such election. 

DOL appreciates your assistance. Please mail any correspondence 

or other documentation to the address listed above. Should you 

SUPERSEDED
FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 2-1100 

 

Part 2 - Claims Eligibility Requirements for 

 Certain Uranium Workers 

_______________________________________________________________ 

EEOICPA Tr. No. 09-03 Exhibit 7 

May 2009 

Page 2 of 2 

have any questions or concerns, please do not hesitate to 

contact me. 

Sincerely, 

Name 

Claims Examiner 

Enclosures: EE-1 or EE-2 

SUPERSEDED