NIOSH Advisory Board 

Presentation

Jeff Kotsch, CHP

Division of Energy Employees

Occupational Illness Compensation

Department of Labor

June 2012
Enactment of EEOICPA

• Enacted October 2000

– Part B, mandatory federal entitlement by DOL

– Part D, state workers comp. assistance by DOE

• Amendment October 2004

– Abolished Part D, created federal Part E, 

transferred to DOL 

• 153,988 cases filed, over $8.1 billion total 

compensation paid to date 

• Agencies: Labor, Energy, HHS, Justice

• DOL locations: 

– DC, Jacksonville, Cleveland, Denver, and Seattle 

Data as of June 10, 2012
NIOSH Referral Case Status

• 37,521 Cases Referred to NIOSH for Dose 

Reconstruction 

• 35,481 Cases Returned by NIOSH 

– 29,965 with Dose Reconstruction 

– 5,516 without Dose Reconstruction

• 2,040 Cases that are Currently at NIOSH

– 1,123 Initial Referrals to NIOSH 

– 917 Reworks or Returns to NIOSH 

Data as of June 10, 2012
NIOSH Dose Reconstruction Case 

Status

• 29,965 Cases returned by 

NIOSH w/ a Dose 

Reconstruction (DR)

• 25,321 Cases w/ DR and a 

Final Decision

– 8,829 Final Approvals 

(POC 50% or Greater)

– 16,492 Final Denials 

(POC less than 50%)

Data as of June 10, 2012

Final Den. 

65%

Final App. 

35%
Part B Cancer Cases with 

Final Decision to Accept

• Accepted DR Cases – 8,269

– 11,630 Payees 

– $ 1.22 Billion in Compensation

• Accepted SEC Cases – 16,293

– 26,711 Payees

– $2.38 Billion in Compensation

• Cases Accepted Based on SEC Status and POC > 50% - 560

– 689 Payees

– $83.8 Million in Compensation

• Totals: All Accepted SEC and DR Cases – 25,122

– 39,030 Payees

– $3.6 Billion in Compensation

Data as of June 10, 2012
37,228

23,408

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

Final Decisions Approved Final Decisions Denied

Totals

 1,628 = Survivor

Not Eligible 

15,886 = POC < 50%

5,894 = Medical

Info. Insufficient to

Support Claim

EEOICPA Part B Cases 

Final Decisions – Covered Applications

Data as of June 10, 2012
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

• During FY 2012, 6 Town Hall Meetings and Traveling 

Resource Centers have been conducted in regards 

to new SECs: 

• Sandia National Laboratories – November 2011

• GE Evendale – November 2011

• Y-12 Plant – January 2012

• Pantex Plant - March 2012

• Savannah River Site – April 2012

• Linde Ceramics Plant – April 2012

• 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 

• 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

• Upcoming JOTG Town Hall Meeting in regards to new SEC at 

Brookhaven National Laboratory: 

– Upton, New York – July 17, 2012
SEC Petition Site Discussions

ABRWH Agenda June 2012

Data as of June 10, 2012

Winchester Weldon 

Spring

Hanford LANL Clarksville

Cases 

(Claims)

Part B

6 

(8)

1,045 

(1,563)

13,301

(22,435)

6,734 

(10,873)

403 

(621)

Cases 

Returned by 

NIOSH w/ 

DR 

1 201 3,405 901 75

Final 

Decisions 

(Part B)

2 331 5,601 2,064 84

Part B

Approvals

1 176 3,309 1,244 23

Part E 

Approvals

1 146 3,027 1,332 25

Total Comp. 

& Medical 

Bills Paid 

$50,000 $39.4 Million $749.9 

Million 

$305.5 

Million

$5.2 Million
SEC Petition Site Discussions

ABRWH Agenda June 2012

Data as of June 10, 2012

Mound 

Plant

Titanium 

Alloys

Medina Linde

Ceramics

Sandia

Labs

Cases 

(Claims)

Part B & E 

1,985 

(2,703)

47 (77)

Part B Only 

106

(157)

618 

(1,015)

1,909 

(2,818)

Cases 

Returned by 

NIOSH w/ 

DR 

533 18 38 166 324

Final 

Decisions 

(Part B)

791 26 43 318 632

Part B

Approvals

395 2 20 237 345

Part E 

Approvals

413 N/A 20 91 361

Total Comp. 

& Medical 

Bills Paid 

$91.3 

Million

$304,575 $4.3 Million $43.3 Million $76.9 Million
QUESTIONS ?
NIOSH Advisory Board 

Presentation

Handout Slides

June 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
18

18

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 

(+ lump-sum Wage Loss if 

eligible)

$400,000 CAP for B+E combined