NIOSH Advisory Board 

Presentation

Jeff Kotsch, CHP

Division of Energy Employees

Occupational Illness Compensation

Department of Labor

September 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

• 156,026 cases filed, over $8.4 billion total 

compensation paid to date 

• Agencies: Labor, Energy, HHS, Justice 

• DOL locations

– DC, Jacksonville, Cleveland, Denver, and Seattle 

Data as of August 26, 2012
NIOSH Referral Case Status

• 38,147 Cases Referred to NIOSH for Dose 

Reconstruction 

• 35,604 Cases Returned by NIOSH 

– 30,106 with Dose Reconstruction 

– 5,498 without Dose Reconstruction

• 2,543 Cases that are Currently at NIOSH

– 1,313 Initial Referrals to NIOSH 

– 1,230 Reworks or Returns to NIOSH 

Data as of August 26, 2012
NIOSH Dose Reconstruction Case 

Status

• 30,106 Cases returned by 

NIOSH w/ a Dose 

Reconstruction (DR)

• 25,107 Cases w/ DR and a 

Final Decision

– 8,911 Final Approvals 

(POC 50% or Greater)

– 16,196 Final Denials 

(POC less than 50%)

Data as of August 26, 2012
Part B Cancer Cases with 

Final Decision to Accept

• Accepted DR Cases – 8,339

– 11,730 Payees 

– $ 1.23 Billion in Compensation

• Accepted SEC Cases – 16,989

– 28,015 Payees

– $2.5 Billion in Compensation

• Cases Accepted Based on SEC Status and POC > 50% - 572

– 701 Payees

– $85.6 Million in Compensation

• Totals: All Accepted SEC and DR Cases – 25,900

– 40,446 Payees

– $3.8 Billion in Compensation

Data as of August 26, 2012
38,201

23,479

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

Final Decisions Approved Final Decisions Denied

Totals

1,651 = Survivor

Not Eligible 

15,853 = POC < 50%

5,975 = Medical

Info. Insufficient to

Support Claim

EEOICPA Part B Cases 

Final Decisions – Covered Applications

Data as of August 26, 2012
DEEOIC SEC Outreach Events: FY 2012

Facility Date Attendance New Claims 

Filed

Sandia National 

Laboratories

*SEC effective 09/09/2011

11/1/2011 385 48

GE Evendale 11/2/2011 80 13

Y-12 Plant 01/18/2012 133 30

Pantex Plant 03/14/2012 283 28
DEEOIC SEC Outreach Events: FY 2012

Facility Date Attendance New Claims 

Filed

Savannah River Site 04/17/2012 500 40

Linde Ceramics Plant 04/25/2012 19 1

Brookhaven National 

Laboratory 

*JOTG EVENT

07/17/2012 200 19

Sandia National 

Laboratories

*SEC effective 06/10/2012

08/22/2012 60 16
Upcoming DEEOIC Outreach Events

• Fernald SEC town hall meeting – the last week of September

• Home Health Care Training/Outreach for physicians and home 

health care providers in Denver area – last week of September

• Hanford SEC town hall meeting – October 

• Clarksville SEC town hall meeting – October

• Medina SEC traveling resource center – October

• In cases of small SECs – press releases are issued 
Joint Outreach Task Group

• Joint Outreach Task Group (JOTG) members: 

• DEEOIC 

• NIOSH 

• DOE

• Ombudsman to NIOSH for the EEOICPA

• Office of the Ombudsman for the EEOICPA

• DOE – Former Worker Medical Screening Program 

(FWP)

• Monthly conference calls with all members
SEC Petition Site Discussions

ABRWH Agenda September 2012

Data as of August 26, 2012

Rocky Flats 

Plant

Hanford Los Alamos 

National 

Laboratory

Oak Ridge 

National 

Laboratory

Cases (Claims)

Part B & E 6,310 (8,274) 13,566 (22860) 6,835 (11,064) 7,519 (11,641)

Cases 

Returned by 

NIOSH w/ DR 

1,485 3,420 1,300 1,969

Final 

Decisions 

(Part B)

2,908 9,533 3,607 4,372

Part B

Approvals 1,557 5,768 2,246 2,552

Part E 

Approvals 1,553 3,630 1,766 2,240

Total Comp. & 

Medical Bills 

Paid 

277 million 767 million 318 million 476 million
SEC Petition Site Discussions

ABRWH Agenda September 2012

Data as of August 26, 2012

General Steel 

Industries

(GSI)

Weldon Springs 

Plant

Mound Plant 

Cases (Claims)

Part B & E 680 (1,060) 1,047 (1,565) 2,003 (2,745)

Cases Returned by 

NIOSH w/ DR 252 202 535

Final Decisions 

(Part B) 517 461 1,067

Part B

Approvals 132 255 565

Part E 

Approvals 3 176 500

Total Comp. & 

Medical Bills Paid 10.8 million 39.7 million 92.9 million
SEC Petition Site Discussions

ABRWH Agenda September 2012

Data as of August 26, 2012

United 

Nuclear 

Corporation

Nuclear Metals 

Inc. 

Pantex Plant

Cases (Claims)

Part B & E 

137

(Part B only)

36

(Part B only)

1,906 (2,608)

Cases Returned by 

NIOSH w/ DR 51 18 433

Final Decisions 

(Part B) 118 36 922

Part B

Approvals 55 25 574

Part E 

Approvals N/A N/A 476

Total Comp. & 

Medical Bills Paid 7.1 million 2.59 million 94.9 million
NIOSH Advisory Board 

Presentation

Handout Slides

September 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