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 DOL

– Part D, state workers comp. assistance, by DOE 

• Amendments October 2004

– Abolished Part D, created federal Part E, transferred 

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 Seattle 

Data as of January 16, 2012
3

Part B Cases Filed

Data as of January 13, 2012

NIOSH

37%

Other

36%

RECA

10%

SEC Cases Referred to 

NIOSH

8%

SEC Cases Never Sent to 

NIOSH

9%
NIOSH Referral Case Status

• 36,500 Cases Referred to NIOSH for Dose 

Reconstruction 

• 34,539 Cases Returned by NIOSH that are 

Currently at DOL 

– 30,302 with Dose Reconstruction 

– 4,237 without Dose Reconstruction

• 1,961 Cases that are Currently at NIOSH

– 1,413 Initial Referrals to NIOSH 

– 548 Reworks or Returns to NIOSH 

Data as of January 16, 2012
NIOSH Dose Reconstruction Case 

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 Final Den. 

66%

Final App. 

34%
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% - 533

– 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
34,858

24,362

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

Final Decisions Approved Final Decisions Denied

Totals

 725 = Survivor Not

Eligible 

17,351 = POC < 50%

6,286 = Medical

Info. Insufficient to

Support Claim

EEOICPA Part B Cases 

Final Decisions – Covered Applications

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

Monthly by DOL

0

100

200

300

400

500

600

Nationwide: New Part B Cases Received Monthly by DOL

Jan. 2011 = 404

Feb. 2011 = 416

Mar. 2011 = 517

Apr. 2011 = 402

May 2011 = 419

June 2011 = 368

July 2011 = 450

Aug. 2011 = 484

Sept. 2011 = 393

Oct. 2011 = 357

Nov. 2011 = 403

Dec. 2011 = 385

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

Monthly

0

10

20

30

40

50

60

70

Hanford: New Part B Cases Received Monthly by DOL 

Oct. 2010 = 63

Nov. 2010 = 47

Dec. 2010 = 62

Jan. 2011 = 39

Feb. 2011 = 48

Mar. 2011 = 61

Apr. 2011 = 47

May 2011 = 42

June 2011 = 57

July 2011 = 40

Aug. 2011 = 57

Sept. 2011 = 40

Oct. 2011 = 45

Data as of January 13, 2012

0

50

100

150

200

250

300

350

Part B Cases Sent Monthly to NIOSH 

Jan. 2011 = 343

Feb. 2011 = 277

March 2011 = 319

April 2011 = 294

May 2011 = 335

June 2011 = 325

July 2011 = 245

Aug. 2011 = 325

Sept. 2011 = 282

Oct. 2011 = 289

Nov. 2011 = 245

Dec. 2011 = 252
Top Four Worksites: Generating 

New Part B Cases 

• During the 1st quarter of FY 2012 (Oct. 2011 –

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 Traveling 

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 Resource 

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’s website at: 

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 less 

than 50 claims have been filed

– Majority AWE facilities

• Concentrating efforts to notify individuals who 

worked at these facilities of potential EEOICPA 

benefits

– Issuing press releases

– Reaching out to unions, local government, other key 

stakeholders

– Utilizing Resource Center staff
Joint Outreach Task Group

• Joint Outreach Task Group (JOTG) members

- DEEOIC

- Ombudsman for the EEOICPA

- NIOSH

- Ombudsman to NIOSH under the EEOICPA

- DOE Former Workers Medical Screening 

 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 being 

finalized 

• Town Hall Meeting video 
SEC Petition Site Discussions

ABRWH Agenda February 2012

Electro 

Metallurgical

Hangar 481 Sandia National 

Laboratories

Cases (Claims)

Part B & E 

358 (699) 16 (19) 1,812 (2,589)

Cases Returned by 

NIOSH w/ DR 

109 6 347

Final Decisions 

(Part B)

142 7 548

Part B

Approvals

53 1 252

Part E 

Approvals

36 0 268

Total Comp. & 

Medical Bills Paid 

$11.7 Million $150 ,000 $59.4 Million

Data as of February 22, 2012
SEC Petition Site Discussions

ABRWH Agenda February 2012

Data as of February 22, 2012

Clinton 

Engineering 

Works

Feeds 

Materials 

Production 

Center

Brookhaven 

National 

Laboratory

Weldon 

Spring

Cases (Claims)

Part B & E 

80 ( 204) 3,857 (5,129) 1,664 (2,295) 1,042 (1,491)

Cases Returned 

by NIOSH w/ DR 

17 1,164 244 207

Final Decisions 

(Part B)

32 1,455 679 330

Part B

Approvals

13 565 506 174

Part E 

Approvals

8 671 435 127

Total Comp. & 

Medical Bills 

Paid 

$2.9 Million $144.9 Million $104.7 Million $38.7 Million
SEC Petition Site Discussions

ABRWH Agenda February 2012

Lawrence 

Berkeley National 

Lab. 

Stanford Linear 

Accelerator

Lawrence 

Livermore 

National Lab. 

Cases (Claims)

Part B & E 

713 (908) 121 (142) 2,937 (3,960)

Cases Returned by 

NIOSH w/ DR 

168 30 641

Final Decisions 

(Part B)

292 42 1,195

Part B

Approvals

150 10 745

Part E 

Approvals

148 13 661

Total Comp. & 

Medical Bills Paid 

$34.2 Million $2.9 Million $160.3 Million 

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

Presentation

Handout Slides

February 2012
Employee Eligibility

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
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
Survivor Definition

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
Benefits

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

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

• 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