NIOSH Advisory Board 

Presentation

Jeff Kotsch, CHP

Division of Energy Employees

Occupational Illness Compensation

Department of Labor

February 2012
Enactment of EEOICPA 

• Enacted October 2000 

– Part B, mandatory federal entitlement, by DO– Part D, state workers comp. assistance, by D

• Amendments October 2004 

– Abolished Part D, created federal Part E, tran

to DOL 

• 150,003 cases filed, over $7.7 billion total 

compensation paid to date 

• Agencies: Labor, Energy, HHS, Justice • DOL locations 

– DC, Jacksonville, Cleveland, Denver, and Se

Data as of January 16, 2012 
Part B Cases Filed

Data as of January 13, 2012 
NIOSH Referral Case Statu

• 36,500 Cases Referred to NIOSH for Do

Reconstruction 

• 34,539 Cases Returned by NIOSH that 

Currently at DOL 

– 30,302 with Dose Reconstruction – 4,237 without Dose Reconstruction 

• 1,961 Cases that are Currently at NIOS

– 1,413 Initial Referrals to NIOSH – 548 Reworks or Returns to NIOSH 

Data as of January 16, 2012 
NIOSH Dose Reconstruction C

Status

• 30,302 Cases returned by 

NIOSH that are currently at DOL w/ a Dose Reconstruction (DR) 

• 25,248 Cases w/ DR and a 

Final Decision 

– 8,628 Final Approvals 

(POC 50% or Greater) 

– 16,620 Final Denials 

(POC less than 50%) 

Data as of January 16, 2012 
Part B Cancer Cases with 

Final Decision to Accept

• Accepted DR Cases – 8,095 

– 11,424 Payees – $ 1.2 Billion in Compensation 

• Accepted SEC Cases – 14,818 

– 24,699 Payees – $2.2 Billion in Compensation 

• Cases Accepted Based on SEC Status and POC < 50% - 

– 659 Payees – $79.7 Million in Compensation 

• Totals: All Accepted SEC and DR Cases – 23,446 

– 36,782 Payees – $3.4 Billion in Compensation 

Data as of January 16, 2012 
EEOICPA Part B Cases 

Final Decisions – Covered Applicat

Data as of January 16, 2012 
New Part B Cases Receive

Monthly by DOL

Data as of January 13, 2012 
Part B Cases Sent to NIOS

Monthly

Data as of January 13, 2012 
Top Four Worksites: Genera

New Part B Cases 

• During the 1st quarter of FY 2012 (Oct. 20

Dec. 2011): 

– Sandia National Laboratory 

• 139 new Part B claims generated 

– Hanford 

• 107 new Part B claims generated 

– Y-12 Plant 

• 102 new Part B claims generated 

– Savannah River 

• 90 new Part B claims generated 

Data as of January 13, 2012 
DEEOIC SEC Outreach 

• In response to new SECs: 

– During FY 2012: To date, 3 Town Hall Meetings and T

Resource Centers have been conducted 

• Sandia National Labs – November 1, 2011 • GE Evendale – November 2, 2011 • Y-12 – January 18, 2012 

– Upcoming SEC Town Hall Meetings and Traveling Re

Centers: 

• Pantex Plant – March 14, 2012 • Linde Ceramics – April 2012 (tentative) • Savannah River Site – April/May 2012 (tentative) • Information regarding upcoming events is available on DEEOIC

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

– In cases of smaller SECs – press releases are issued
Outreach to Covered Facilities

(50 claims or less filed)

• Identified several covered facilities where 

than 50 claims have been filed 

– Majority AWE facilities 

• Concentrating efforts to notify individuals 

worked at these facilities of potential EEObenefits 

– Issuing press releases – Reaching out to unions, local government, ot

stakeholders 

– Utilizing Resource Center staff 
Joint Outreach Task Group

• Joint Outreach Task Group (JOTG) mem

- DEEOIC - Ombudsman for the EEOICPA - NIOSH - Ombudsman to NIOSH under the EE- DOE Former Workers Medical Scree

Program (FWP) 

• Monthly conference call with all members 
JOTG Outreach Events 

• FY 2011 JOTG Town Hall Meetings: 

– Kansas City Plant (October 20, 2010) – Oak Ridge (April 13, 2011) – Savannah River Site (May 3, 2011) – Fermi National Accelerator Lab. And Argonne 

National Lab. – East (June 7, 2011) 

• FY 2012 JOTG Town Hall Meetings still b

finalized 

• Town Hall Meeting video 
SEC Petition Site Discussion

ABRWH Agenda February 20

Electro 

Metallurgical 

Hangar 481 Sand

Lab

Cases (Claims) Part B & E 358 (699) 16 (19) 1,8Cases Returned by NIOSH w/ DR 

109 6 

Final Decisions (Part B) 

142 7 

Part B Approvals 

53 1 

Part E Approvals 

36 0 

Total Comp. & Medical Bills Paid 

$11.7 Million $150 ,000 $5

Data as of February 22, 2012 
SEC Petition Site Discussion

ABRWH Agenda February 201

Clinton 

Engineering 

Works 

Feeds 

Materials 

Production 

Center 

Brookhaven 

National 

Laboratory 

Cases (Claims) Part B & E 80 ( 204) 3,857 (5,129) 1,664 (2,295) 1,0Cases Returned by NIOSH w/ DR 

17 1,164 244 

Final Decisions (Part B) 

32 1,455 679 

Part B Approvals 

13 565 506 

Part E Approvals 

8 671 435 

Total Comp. & Medical Bills Paid 

$2.9 Million $144.9 Million $104.7 Million $3

Data as of February 22, 2012 
SEC Petition Site Discussion

ABRWH Agenda February 20

Lawrence 

Berkeley National 

Lab. 

Stanford Linear 

Accelerator 

L

Li

Nat

Cases (Claims) Part B & E 713 (908) 121 (142) 2,9Cases Returned by NIOSH w/ DR 

168 30 

Final Decisions (Part B) 

292 42 

Part B Approvals 

150 10 

Part E Approvals 

148 13 

Total Comp. & Medical Bills Paid 

$34.2 Million $2.9 Million $16

Data as of February 22, 2012 
QUESTIONS ? 
NIOSH Advisory Board 

Presentation

Handout Slides

February 2012
Employee Eligibility

Employed By Part B Pa

DOE Contractors and Subcontractors 

Yes Y

DOE Federal Employees 

Yes N

AWE Employees Yes NBeryllium Vendors Yes NRECA Yes Y
Covered Conditions

Condition Part B Par

CBD Yes Ye

Beryllium Sensitivity 

Medical 

Monitoring Only 

Ye

Chronic Silicosis Yes YeCancer Yes Ye

Any condition related to toxic exposure 

No Ye
Survivor Definition

Type Part B Pa

Spouse at time of death 

Yes Y

Children - under age 18; under age 23 if full-time student; or any age if medically incapable of selfsupport 

Yes Y

Adult Children Yes N
Benefits

Part B Part E 

$150,000 Employee + Survivor 

Impairment $2,500 (Employee) 

$50,000 RECA Employee + Survivor 

Wage Loss $10,000$15,000 per year (Employee) $125,000 Survivor 

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

• DOE 

– EE-5 Employment Verification Form 

• Oak Ridge Institute for Science and 

Education (ORISE) 

• Center for Construction Research and 

Training (CPWR) 

• Corporate Verifiers • SSA wage data • Affidavits