NIOSH Advisory Board 

Presentation

Jeff Kotsch

Division of Energy Employees

Occupational Illness Compensation

Department of Labor

December 2011
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

• 148,340 cases filed, over $7.5 billion total 

compensation paid to date 

• Agencies: Labor, Energy, HHS, Justice 

• DOL locations

– DC, Jacksonville, Cleveland, Denver, and Seattle 

Data as of November 8, 2011
3 

Part B Cases Filed

Data as of November 8, 2011

Other

36%

NIOSH

36%

SEC Cases Never Sent to 

NIOSH

9%

SEC Cases Referred to 

NIOSH

9%

RECA

10%
HHS added SEC classes 

• 3,666 cases withdrawn 

from NIOSH for SEC 

class review: 

– 3045 Final Decisions 

issued 

2919 Final Approvals 

– 63 Recommended but no 

Final Decision

– 150 Cases Pending 

– 408 Cases Closed 

Data as of November 13, 2011

Final 

Decisions 

Issued

83%

Cases 

Pending

4%

Cases Closed

11%

RD w / no FD

2%
NIOSH Referral Case Status

• 36,070 Cases Referred to NIOSH for Dose 

Reconstruction 

• 33,922 Cases Returned by NIOSH that are 

Currently at DOL 

– 29,713 with Dose Reconstruction 

– 4,209 without Dose Reconstruction

• 2,148 Cases that are Currently at NIOSH

– 1,524 Initial Referrals to NIOSH 

– 624 Reworks or Returns to NIOSH 

Data as of November 8, 2011
NIOSH Dose Reconstruction Case 

Status 

• 29,713 Cases returned by 

NIOSH that are currently 

at DOL w/ a Dose 

Reconstruction (DR)

• 24,745 Cases w/ DR and a 

Final Decision

– 8,510 Final Approvals 

(POC 50% or Greater)

– 16,235 Final Denials 

(POC less than 50%)

Data as of November 8, 2011

FD 

Denial

66%

FD 

Approval

34%
Part B Cancer Cases with 

Final Decision to Accept 

• Accepted DR Cases – 7,987

– 11,258 Payees 

– $ 1.18 Billion in Compensation 

• Accepted SEC Cases – 14,493

– 24,141 Payees

– $2.15 Billion in Compensation

• Cases Accepted Based on SEC Status and POC < 50% - 523

– 647 Payees 

– $78 Million in Compensation 

• Totals: All Accepted SEC and DR Cases – 23,003

– 36,046 Payees

– $3.4 Billion in Compensation

Data as of November 8, 2011 
34,281

23,888

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

Final Decisions Approved Final Decisions Denied

Totals

709 = Survivor Not

Eligible 

16,935 = POC < 50%

6,244 = Medical

Info. Insufficient to

Support Claim

EEOICPA Part B Cases 

Final Decisions – Covered Applications

Data as of November 8, 2011
New Part B Cases Received 

Monthly by DOL

0

100

200

300

400

500

600

Nationwide: New Part B Cases Received Monthly by DOL

Oct. 2010 = 579

Nov. 2010 = 512

Dec. 2010 = 460

Jan. 2011 = 400

Feb. 2011 = 413

Mar. 2011 = 512

Apr. 2011 = 402

May 2011 = 418

June 2011 = 365

July 2011 = 449

Aug. 2011 = 482

Sept. 2011 = 390

Oct. 2011 = 357

Data as of November 8, 2011
 

QUESTIONS ? 
NIOSH Advisory Board 

Presentation 

Handout Slides

December 2011
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
Part B Cases Sent to NIOSH Monthly

0

50

100

150

200

250

300

350

Part B Cases Sent to NIOSH Monthly (includes both Initial Referrals to

NIOSH and Reworks or Returns to NIOSH)

Oct. 2010 = 309

Nov. 2010 = 288

Dec. 2010 = 295

Jan. 2011 = 343

Feb. 2011 = 277

Mar. 2011 = 319

Apr. 2011 = 294

May 2011 = 336

June 2011 = 325

July 2011 = 245

Aug. 2011 = 325

Sept. 2011 = 284

Oct. 2011 = 288

Data as of November 8, 2011
Top Four Worksites 

• The top 4 worksites generating new Part B 

EEOICPA cases are:

– Hanford

– Y-12

– Oak Ridge Gaseous Diffusion Plant (K-25)

– Bethlehem Steel
Hanford: New Part B Cases 

Received Monthly by DOL

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 November 8, 2011
Y-12 Plant: New Part B Cases 

Received Monthly by DOL 

0

10

20

30

40

50

60

Y-12 Plant: New Part B Cases Received Monthly by DOL 

Oct. 2010 = 33

Nov. 2010 = 38

Dec. 2010 = 26

Jan. 2011 = 43

Feb. 2011 = 42

Mar. 2011 =53

Apr. 2011 = 46

May 2011 = 35

June 2011 = 51

July 2011 = 36

Aug. 2011 = 42

Sept. 2011 = 34

Oct. 2011 = 32

Data as of November 8, 2011
Oak Ridge K-25: New Part B 

Cases Received Monthly by DOL 

0

5

10

15

20

25

30

35

40

45

Oak Ridge K-25: New Part B Cases Received Monthly by DOL 

Oct. 2010 = 27

Nov. 2010 = 34

Dec. 2010 = 22

Jan. 2011 = 33

Feb. 2011 = 33

Mar. 2011 = 42

Apr. 2011 = 31

May 2011 = 24

June 2011 = 34

July 2011 = 23

Aug 2011 = 35

Sept. 2011 = 28

Oct. 2011 = 25

Data as of November 8, 2011
Bethlehem Steel: New Part B 

Cases Received Monthly by DOL 

0

20

40

60

80

100

120

Bethlehem Steel: New Part B Cases Received Monthly by DOL 

Oct. 2010 = 103

Nov. 2010 = 105

Dec. 2010 = 78

Jan. 2011 = 68

Feb. 2011 = 38

Mar. 2011 = 48

Apr. 2011 = 42

May 2011 = 28

June 2011 = 21

July 2011 = 28

Aug. 2011 = 40

Sept. 2011 = 33

Oct. 2011 = 14

Data as of November 8, 2011
SEC Petition Site Discussions

ABRWH Agenda December 2011

Data as of November 27, 2011

Weldon Spring Hooker 

Electectrochemic

al

Pinellas Plant

Cases (Claims) 

Part B & E 1,033 (1,479) 277 (427) 

Part B only

1,344 (1,682)

Cases Returned by 

NIOSH w/ DR 

209 134 393 

Final Decisions 

(Part B)

446 252 604 

Part B

Approvals

248 26 121 

Part E 

Approvals

129 0 177 

Total Comp. & 

Medical Bills Paid 

$38 Million $2.4 Million $26.9 Million
SEC Petition Site Discussions

ABRWH Agenda December 2011

Data as of November 27, 2011

Linde Ceramics

Plant 

FMPC Savannah River 

Site 

Cases (Claims) 

Part B & E 584 (920) 3,808 (5,014) 12,941 (17,509)

Cases Returned by 

NIOSH w/ DR 

192 1,146 3,886 

Final Decisions 

(Part B)

467 1,894 6,173 

Part B

Approvals

340 736 2,103 

Part E 

Approvals

76 699 2,335 

Total Comp. & 

Medical Bills Paid 

$40 Million $141 Million $483 Million