NIOSH Advisory Board 

Presentation

Jeff Kotsch, CHP

Division of Energy Employees

Occupational Illness Compensation

Department of Labor

January 2014
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

• 168,272 cases filed, over $10 billion total 

compensation paid to date 

• Agencies: Labor, Energy, HHS, Justice 

• DOL locations

– DC, Jacksonville, Cleveland, Denver, and Seattle 

Data as of January 5, 2014
NIOSH Referral Case Status

• 41,197 Cases Referred to NIOSH for Dose 

Reconstruction 

• 38,977 Cases Returned by NIOSH 

– 33,187 with Dose Reconstruction 

– 5,790 without Dose Reconstruction

• 2,220 Cases Currently at NIOSH

Data as of January 5, 2014
NIOSH RELATED CASES (SEC & DR)

COMPENSATION

• $ 4.34 Billion in Compensation

 46,203 Claims

• $1.3 Billion on Dose Reconstructed Cases

 12,529 Claims 

• $3.0 Billion on added SEC Cases

 33,674 Claims 

Data as of January 5, 2014
NIOSH Dose Reconstruction Case 

Status

• 33,187 Cases returned by 

NIOSH w/ a Dose 

Reconstruction (DR)

• 27,065 Cases w/ DR and a 

Final Decision

– 9,559 Final Approvals 

(POC 50% or Greater)

– 17,506 Final Denials 

(POC less than 50%)

Data as of January 5, 2014

Final App. 

35%

Final Den. 

65%
 Part B Cases Filed

Data as of December 31, 2013

NIOSH 34%

Other

31%

RECA

10%

SEC Cases 

not referred

to NIOSH

12%

SEC Cases 

referred to NIOSH

13%

NIOSH

Other

RECA

SEC Cases not referred to 

NIOSH

SEC Cases referred to 

NIOSH
Part B Cancer Cases with 

Final Decision to Accept 

• Accepted DR Cases – 8,853

– 12,529 Payees 

– $ 1.31 Billion paid compensation

• Accepted SEC Cases – 20,261

– 33,674 Payees

– $3.0 Billion paid compensation

• Cases Accepted Based on SEC Status and POC > 50% - 673

– 812 Payees

– $100 Million paid compensation

• Totals: All Accepted SEC and DR Cases – 29,787

– 47,015 Payees

– $4.44 Billion paid compensation

Data as of January 5, 2014
Top Four Worksites

The top 4 worksites generating new Part B 

EEOICPA cases this quarter:

– Hanford

– Savannah River Site

– Y-12 Plant

– Los Alamos National Laboratory

Data as of January 5, 2014
EEOICPA Part B Cases 

Final Decisions

Data as of January 5, 2014
Percentage of New Cases 

DOE vs. AWE

89% 86% 83%

76% 77% 79% 79%

84% 86% 88% 85% 86%

91%

11% 14% 17%

24% 23% 21% 21%

16% 14% 12% 15% 14%

9%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

DOE

AWE

Data as of December 31, 2014
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 
Joint Outreach Task Group (JOTG)

• Members:

– DEEOIC

_ Department of Energy

– Department of Energy Former Workers Program

– National Institute of Occupational Safety and Health (NIOSH)

_ Ombudsman for NIOSH

– Ombudsman for EEOICPA

• Monthly conference calls with all members
DEEOIC Outreach Events: FY 2013 & 2014

Facility Meeting Date Attendance New Claims 

Filed

Farmington, 

New Mexico

Town Hall 

Medical Benefits 

Meeting 

December

11-12, 2013

160 THM

36 (for 

physicians 

and HHC 

providers)

4

Livermore and 

Emeryville, 

California

JOTG 9/17/2013 112

N/A

Portsmouth, 

Ohio

Town Hall 

Meetings & 

Medical Benefits 

Roundtable 

Discussion 

7/17/ 2013-

7/18/2013

100

Sante Fe, 

Albuquerque 

and Grants, 

New Mexico

Four (4) Medical 

Benefits 

Meetings (for 

claimants and 

physicians)

6/18/2013-

6/21/2013

407 THM

55 (for 

physicians 

and HHC 

Providers)

14
DEEOIC Outreach Events: FY 2013

Facility/Location Meeting Date Attendance New 

Claims 

Filed

Bolingbrook, IL

JOTG

JOTG 6/19/2013 135 3

Hanford Town Hall for 

claimants and 

Medical Benefits 

Meetings for 

Physicians and 

HHC Providers

6/5/2013-

6/6/2013

190 3

Knoxville, TN Medical Benefits 

Meeting for 

Physicians and 

HHC Providers

5/21/2013-

5/22/2013

55 N/A

Los Alamos 

National 

Laboratory

SEC Town Hall 

and Medical 

Benefits

2/20/2013 163 (SEC)

108 (Medical 

Benefits)

12
DEEOIC Outreach Events: FY 2013

Facility/Location Meeting Date Attendance New 

Claims 

Filed

Oak Ridge National 

Laboratory (X-10)

SEC and Medical 

Benefits Meetings 

for Physicians 

and HHC 

Providers

2/13/2013 115 (SEC)

186 (Medical 

Benefits)

N/A

(no TRC

held)

Fermi National 

Accelerator 

Laboratory and 

Argonne National 

Laboratory

SEC and Medical 

Benefits Meetings 

for Claimants

2/13/2013 85(SEC)

180 (Medical 

Benefits)

N/A

(no TRC

held)

Clarksville 

Modification 

Center (Fort 

Campbell) 

SEC 11/8/2012 53 2

Hanford Engineer 

Works

SEC 10/23/2012 187 16
Future Outreach Events

• Town Hall Meeting

 Denver, Colorado 

 Rocky Flats SEC event

 
SEC Petition Site Discussions

ABRWH Agenda January 2014

Data as of January 5, 2014

General Steel 

Industries

Joslyn Kansas City Plant

Cases (Claims)

Part B & E 687(1,073) 129(283) 

Part B only

2,331(3,133)

Cases Returned 

by NIOSH w/ DR 258 56 596

Final Decisions 

(Part B) 899 212 1,429

Part B

Approvals 136 106 285

Part E 

Approvals 4 N/A 350

Total Comp. & 

Medical Bills 

Paid 

$11.2 Million $6.8 Million $46 Million
NIOSH Advisory Board 

Presentation

Handout Slides

January 2014
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