NIOSH Advisory Board 

Presentation

Frank Crawford

Division of Energy Employees

Occupational Illness Compensation

Department of Labor

March 2013
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

• 160,322 cases filed, over $9 billion total 

compensation paid to date 

• Agencies: Labor, Energy, HHS, Justice 

• DOL locations

– DC, Jacksonville, Cleveland, Denver, and Seattle 

Data as of February 10, 2013
NIOSH Referral Case Status

• 39,206 Cases Referred to NIOSH for Dose 

Reconstruction 

• 36,817 Cases Returned by NIOSH 

– 31,244 with Dose Reconstruction 

– 5,573 without Dose Reconstruction

• 2,389 Cases Currently at NIOSH

– 1,543 Initial Referrals to NIOSH 

– 846 Reworks or Returns to NIOSH 

Data as of February 10, 2013
NIOSH Dose Reconstruction Case 

Status

• 31,244 Cases returned by 

NIOSH w/ a Dose 

Reconstruction (DR)

• 25,461 Cases w/ DR and a 

Final Decision

– 9,099 Final Approvals 

(POC 50% or Greater)

– 16,362 Final Denials 

(POC less than 50%)

Data as of February 10, 2013

Final Den. 

64%

Final App. 

36%
Part B Cancer Cases with 

Final Decision to Accept

• Accepted DR Cases – 8,496

– 11,995 Payees 

– $ 1.26 Billion paid compensation

• Accepted SEC Cases – 18,347

– 30,225 Payees

– $2.71 Billion paid compensation

• Cases Accepted Based on SEC Status and POC > 50% - 603

– 733 Payees

– $90.2 Million paid compensation

• Totals: All Accepted SEC and DR Cases – 27,446

– 42,953 Payees

– $4.06 Billion paid compensation

Data as of February 10, 2013
Top Four Worksites

• The top 4 worksites generating new Part B 

EEOICPA cases are:

– Hanford

– Savannah River Site

– Y-12 Plant

– Oak Ridge Gaseous Diffusion Plant (K-25)

Data as of February 19, 2013
40,031

23,682

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

45,000

Final Decisions Approved Final Decisions Denied

Totals

1,717 = Survivor

Not Eligible 

15,781 = POC < 50%

6,184 = Medical

Info. Insufficient to

Support Claim

EEOICPA Part B Cases 

Final Decisions – Covered Applications

Data as of February 10, 2013
Percentage of New Cases 

DOE vs. AWE

Data as of February 19, 2013
DEEOIC Outreach Events

• In response to new SECs DEEOIC conducts: 

– Town hall meetings and traveling resource centers

– In cases of small SECs press releases are issued 

• Hosting informational meetings regarding medical 

benefits provided under the EEOICPA: 

– In some cases, held in conjunction with SEC town hall meetings 

• Oak Ridge and LANL 

– Farmington, New Mexico 

• December 4, 2012: 80 individuals in attendance 

– Kayenta, Arizona 

• December 5, 2012: 77 individuals in attendance
DEEOIC SEC Outreach Events: FY 2013

Facility Date Attendance New Claims 

Filed

Hanford Engineer 

Works

10/23/2012 187 16

Clarksville 

Modification Center 

(Fort Campbell) 

11/8/2012 53 2

Oak Ridge National 

Laboratory (X-10)

2/13/2013 115 (SEC Meeting)

186 (Medical 

Benefits Meetings)

N/A

(no TRC

held)

Los Alamos National 

Laboratory

2/20/2013 163 (SEC Meetings)

108 (Medical

Benefits Meetings)

12
Joint Outreach Task Group

• Monthly conference calls with all members

• Tentatively planning town hall meetings in 

Las Vegas, Chicago, and California during FY 

2013
SEC Petition Site Discussions

ABRWH Agenda March 2013

Data as of February 24, 2013

Brookhaven 

Natl. Lab

Baker Brothers Savannah River Site

Cases (Claims)

Part B & E 1,959 (2,689) 8 (10) 14,272 (20,649)

Cases Returned 

by NIOSH w/ DR 266 4 4,138

Final Decisions 

(Part B) 830 5 5,189

Part B

Approvals 661 1 2,675

Part E 

Approvals 619 1 2,866

Total Comp. & 

Medical Bills 

Paid 

$137.6 Million $277,100 $693.9 Million
NIOSH Advisory Board 

Presentation

Handout Slides

March 2013
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