Energy Employees Occupational 

Illness Compensation Program Act

NIOSH Advisory Board Presentation 

St. Louis, Missouri 

May 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

• 143,870 cases filed, over $7 billion total 

compensation paid to date 

• Agencies: Labor, Energy, HHS, Justice 

• DOL locations

– DC, Jacksonville, Cleveland, Denver, and Seattle 

Data as of May 17, 2011
EEOICPA COMPENSATION

• $7 Billion Total 

Compensation 

• $3.93 Billion Part B

• $2.32 Billion Part E

• $784 Million Medical 

Data as of May 17, 2011

PART E

33%

MEDICAL

11%

PART B

56%
PAID CASES UNDER THE EEOICPA

• 69,741 Payees in 

51,464 Part B and E 

Cases 

• 47,856 Part B Payees 

in 30,895 Cases 

• 21,885 Part E Payees 

in 20,569 Cases 

Data as of May 17, 2011

Part B 

Cases 

60%

Part E 

Cases 

40%
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
10

Part B: Dose Reconstruction & 

Probability of Causation

• Dose Reconstruction

– Conducted by NIOSH

– Level and extent of occupational radiation dose 

• Probability of Causation (PoC)

– Scientific calculation of likelihood that radiation 

exposure caused cancer

– NIOSH-IREP

– PoC - 50% or greater for award 
11

Part B: Special Exposure Cohort

• Worker Group Designation

– Presumption that occupational radiation caused cancer

• Employment

– Worked particular location or specific process 

– Workdays requirement: 250 workdays 

• “Specified” Cancer

– 22 cancers named in law

• Employees determined to be part of a designated SEC 

class with a “specified cancer” do not need a NIOSH 

dose reconstruction 
12

Part B: Adding New SEC Classes 

• Four legislated SEC classes – 3 Gaseous Diffusion 

Plants, plus Amchitka 

• NIOSH also designates new SEC classes 

– Worker Petition or Agency Decision 

– Advisory Board Assistance 

– As of May 24, 2011, HHS has designated 72 additional SEC 

classes 

• DOL adjudicates SEC cases 

– No role in designation 
32,828

22,537

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

Final Decisions Approved Final Decisions Denied

Totals

 679 = Survivor Not

Eligible 

15,799 = POC < 50%

6,059 = Medical

Info. Insufficient to

Support Claim

f

EEOICPA Part B Cases 

Final Decisions – Covered Applications

Data as of May 17, 2011
14

Part E: Causation

• Claims developed for exposure to toxic substances

• Causation: “At least as likely as not”

• Tools: 

– Occupational History Questionnaire (OHQ)

– Site Exposure Matrices (SEM)

– DAR records

– FWP work history interviews 

– Center for Construction Research & Training (CPWR)

– DOE Physician Panel Findings 

– Other Sources: Affidavits/facility records 
0

5,000

10,000

15,000

20,000

25,000

30,000

Final Decisions Approved Final Decisions Denied

Totals

7,063 = POC < 50%

14,127 = Medical

Info. Insufficient

to Support Claim

5

EEOICPA Part E Cases 

Final Decisions – Covered Applications

Data as of May 17, 2011

26,802

21,190
NIOSH Referral Case Status

• 34,831 Cases Referred to NIOSH for Dose 

Reconstruction 

• 32,045 Cases Returned by NIOSH that are 

Currently at DOL 

– 27,965 with Dose Reconstruction 

– 4,080 without Dose Reconstruction

• 2,786 Cases that are Currently at NIOSH

– 2,118 Initial Referrals to NIOSH 

– 668 Reworks or Returns to NIOSH 

Data as of May 17, 2011
HHS added SEC classes

• 3,344 cases withdrawn 

from NIOSH for SEC 

class review: 

– 2,965 Final Decisions 

issued 

2,872 Final Approvals 

– 24 Recommended but no 

Final Decision

– 80 Cases Pending 

– 275 Cases Closed 

Closed

8% Pending

2% Rec. 

Decision 

1%

Final

Decision

89%

Data as of May 3, 2011
NIOSH Dose Reconstruction Case 

Status

• 32,045 Cases returned by 

NIOSH that are currently 

at DOL w/ a Dose 

Reconstruction (DR)

• 23,321 Cases w/ DR and a 

Final Decision

– 8,141 Final Approvals 

(POC 50% or Greater)

– 15,180 Final Denials 

(POC less than 50%)

Data as of May 17, 2011

Final 

Denials 

65%

Final App. 

35%
Part B Cancer Cases with 

Final Decision to Accept

• Accepted DR Cases – 7,653

– 10,813 Payees 

– $ 1.13 Billion in Compensation

• Accepted SEC Cases – 13,691

– 22,489 Payees

– $2.02 Billion in Compensation

• Cases Accepted Based on SEC Status and POC 50% or Greater – 488

– 609 Payees

– $72.9 Million in Compensation

• Totals: All Accepted SEC and DR Cases – 21,832

– 33,911 Payees

– $3.2 Billion in Compensation

Data as of May 17, 2011
Part B Cases Sent to NIOSH Monthly

0

50

100

150

200

250

300

350

400

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

NIOSH and Reworks or Returns to NIOSH)

Apr. 2010 = 249

May 2010 = 265

June 2010 = 359

July 2010 = 325

Aug. 2010 = 316

Sep. 2010 = 356

Oct. 2010 = 309

Nov. 2010 = 287

Dec. 2010 = 295

Jan. 2011 = 343

Feb. 2011 = 277

Mar. 2011 = 320

Apr. 2011 = 293

Data as of May 3, 2011
New Part B Cases Received 

Monthly by DOL

0

100

200

300

400

500

600

700

Nationwide: New Part B Cases Received Monthly by DOL

Apr. 2010 = 487

May 2010 = 484

June 2010 = 542

July 2010 = 475

Aug. 2010 = 622

Sept. 2010 = 503

Oct. 2010 = 567

Nov. 2010 = 495

Dec. 2010 = 448

Jan. 2011 = 394

Feb. 2011 = 407

Mar. 2011 = 502

Apr. 2011 = 398

Data as of May 3, 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 (Lackawanna, NY)
Hanford: New Part B Cases 

Received Monthly by DOL

0

20

40

60

80

100

120

140

Hanford: New Part B Cases Received Monthly by DOL 

Jan. 2010 = 76

Feb. 2010 = 117

Mar. 2010 = 128

April 2010 = 115

May 2010 = 76

June 2010 = 71

July 2010 = 69

Aug. 2010 = 58

Sept. 2010 = 46

Oct. 2010 = 61

Nov. 2010 = 47

Dec. 2010 = 63

Jan. 2011 = 39

Feb. 2011 = 48

Mar. 2011 = 60

Apr. 2011 = 39

Data as of May 3, 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 

Jan. 2010 = 46

Feb. 2010 = 44

Mar. 2010 = 43

Apr. 2010 = 41

May 2010 = 48

June 2010 = 52

July 2010 = 42

Aug. 2010 = 58

Sept. 2010 = 43

Oct. 2010 = 33

Nov. 2010 = 38

Dec. 2010 = 25

Jan. 2011 = 42

Feb. 2011 = 39

Mar. 2011 = 46

Apr. 2011 = 35

Data as of May 3, 2011
Oak Ridge GDP (K-25): New Part B 

Cases Received Monthly by DOL

0

5

10

15

20

25

30

35

40

45

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

Jan. 2010 = 37

Feb. 2010 = 42

Mar. 2010 = 39

Apr. 2010 = 30

May 2010 = 36

June 2010 = 37

July 2010 = 37

Aug. 2010 = 44

Sept. 2010 = 34

Oct. 2010 = 27

Nov. 2010 = 33

Dec. 2010 = 20

Jan. 2011 = 34

Feb. 2011 = 32

Mar. 2011 = 34

Apr. 2011 = 27

Data as of May 3, 2011
Bethlehem Steel Site: New Part B 

Cases Received Monthly by DOL

0

20

40

60

80

100

120

140

160

Bethlehem Steel Site: New Part B Cases Received Monthly by DOL 

Jan. 2010 = 2

Feb. 2010 = 6

Mar. 2010 = 2

Apr. 2010 = 1

May 2010 = 8

June 2010 = 114

July 2010 = 87

Aug. 2010 = 148

Sept. 2010 = 89

Oct. 2010 = 103

Nov. 2010 = 105

Dec. 2010 = 80

Jan. 2011 = 67

Feb. 2011 = 37

Mar. 2011 = 47

Apr. 2011 = 13

Data as of May 3, 2011
0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Percentage of New AWE Cases Percentage of New Part B DOE

Cases 

Oct-09

Nov-09

Dec-09

Jan-10

Feb-10

Mar-10

Apr-10

May-10

Jun-10

Jul-10

Aug-10

Sep-10

Oct-10

Nov-10

Dec-10

Jan-11

Feb-11

Mar-11

Apr-11

5

Percentage of New AWE Cases & Part B 

DOE Cases Received Monthly by DOL

Data as of May 3, 2011 
SEC Petition Site Discussions

ABRWH Agenda May 2011

Data as of May 17, 2011

FMPC SRS Sandia 

National Lab. 

Hanford 

Cases (Claims)

Part B & E 3,713 (4,869) 12,515 (16,815) 1,409 (1,912) 12,346 

(19,333)

Cases Returned 

by NIOSH w/ DR 

1,084 3,683 330 2,995

Final Decisions 

(Part B)

1,375 4,447 475 4,946

Part B

Approvals

510 1,579 144 2,920

Part E 

Approvals

624 2,100 207 2,568

Total Comp. & 

Medical Bills Paid 

$133.2 Million $442.9 Million $40.6 Million $650.2 Million 
SEC Petition Site Discussions

ABRWH Agenda May 2011

Data as of May 17, 2011

GE 

Evendale 

Weldon 

Spring

Kansas City 

Plant 

Latty 

Avenue

Cases (Claims)

Part B & E 927 (1,182) 1,018 (1,462) 1,697 (2,152) 34 (34)

Cases Returned 

by NIOSH w/ DR 

49 203 358 2

Final Decisions 

(Part B)

150 314 546 4

Part B

Approvals

40 166 196 0

Part E 

Approvals

72 120 249 1

Total Comp. & 

Medical Bills Paid 

$12.9 Million $36.9 Million $30.6 Million $124,443
SEC Petition Site Discussions

ABRWH Agenda May 2011

Data as of May 17, 2011

Medart Co. Mallinckrodt 

Destrehan St. 

St. Louis Airport 

Storage Site 

Cases (Claims)

Part B & E 7 (14)

Part B Only 

1,743 (2,813) 55 (79)

Cases Returned by 

NIOSH w/ DR 

4 254 5

Final Decisions 

(Part B)

6 613 11

Part B

Approvals

2 426 3

Part E 

Approvals

N/A 264 1

Total Comp. & 

Medical Bills Paid 

$305,612 $93.6 Million $310,612
SEC Petition Site Discussions

ABRWH Agenda May 2011

Data as of May 17, 2011

Spencer 

Chemical Co. 

Tyson Valley 

Powder Farm 

United Nuclear 

Corp. 

Cases (Claims)

Part B & E 14 (24)

Part B Only 

6 (9)

Part B Only 

155 (189)

Part B Only 

Cases Returned by 

NIOSH w/ DR 

1 1 49

Final Decisions 

(Part B)

2 1 94

Part B

Approvals

1 1 43

Part E 

Approvals

N/A N/A N/A

Total Comp. & 

Medical Bills Paid 

$150,000 $150,000 $5.9 Million 
32

Part B Cases Filed

Data As of May 3, 2011

Other

36%

RECA

10%

NIOSH

35%

SEC Cases Never Sent to 

NIOSH

10%

SEC Cases Referred to 

NIOSH

9%
QUESTIONS ?