EEOICPA OFFICE OF THE OMBUDSMAN

May 23, 2012Lynchburg, Virginia

Today’s Agenda

1. Overview of the Office of the Ombudsman

2. Overview of Part B as it applies to Atomic Weapons Employers

3. Overview of Dose Reconstruction and Special Exposure Cohorts

4. Questions and Answers

5. Opportunity to Meet with Various Representatives

Attendees

The Office of the Ombudsman, Energy Employees Occupational Illness Compensation Program

The Division of Energy Employees Occupational Illness Compensation (Washington, DC)

Cleveland District Office – available via telephone to answer questions

Office of the Ombudsman

History:

Oct 2000 – Congress creates EEOICPA (Part B and D).

Part B administered by Dept of Labor Part D administered by Dept of Energy

Oct 2004 - Congress repeals Part D and establishes Part E.

Part E administered by the Dept of Labor Creates the Office of the Ombudsman

The Office of the Ombudsman is an independent entity within the Dept of Labor.

Office of the Ombudsman

Duties:

1. Provide information on the benefits available under EEOICPA.

2. Make recommendations regarding the location of resource centers for the acceptance and development of claims.

3. Submit a report to Congress setting forth:

a.) The number and types of complaints, grievances and requests for assistance received during the year, and

b.) An assessment of the most common difficulties encountered by claimants during the year.

OFFICE OF THE OMBUDSMAN

Does not make decisions on claims Cannot make DEEOIC change a decision. Cannot make Congress revise the Act. Sets forth (in the annual report to Congress)

the number and types of complaints received during the year and provides an assessment of the most common difficulties encountered during the year.

Part B OverviewforAtomic Weapons Employers

Part B Eligibility

Employee Eligibility:– DOE Employee– DOE Contractor or

Subcontractor– Beryllium Vendors– Atomic Weapons

Employer (AWE)– Approved Section 5

RECA claims

Survivor Eligibility:– Eligible Spouse– Children– Parents– Grandchildren– Grandparents

BWX Technologies is an AWE

Atomic weapons employer (AWE) is an entity, other than the United States, that –

(A) Processed or produced, for use by the US, materials that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling, and

(B) Is designated by the Secretary of Energy as an atomic weapons employer for purposes of the compensation program

42 U.S.C. Section7384l (4)

Covered Periods

According to the Department of Energy, BWX Technologies was an:

AWE: 1959; 1968-1972 & 1985-2001

Residual Radiation: 1960-1967; 1973-1984; and 2002-March 1, 2011

BE: 1995-2001    

Under Part B Atomic Weapons Employees are Covered for:

Cancers

(that are at least as likely as not, caused by radiation exposure)

Part B Compensation

Compensation for Part B cancer claims:

$150,000 (lump sum)

Medical Benefits for the covered illness/condition

Part B Compensation

1. Dose Reconstruction for Cancer Related Claims

2. Special Exposure Cohorts

NIOSH RESPONSIBILITIES

NIOSH assigned lead role for:

■ Administration of the radiation dose reconstruction process

■ Development of probability of causation guidelines

■ Evaluation of SEC petitions

Radiation Dose Reconstruction

DOL refers cancer claims to NIOSH for a dose reconstruction to determine the Probability of Causation (PoC) that the cancer was caused by an occupational exposure to radiation.

In order to compensate claims filed under Part B of EEOICPA, the PoC must be 50% or greater.

Dose Reconstruction ProcessReceive Claim from DOL

Conduct Interview

Conduct Dose Reconstruction

Request Data from DOE and Review Upon Receipt

Finalize Dose Reconstruction

CATI Report to Claimant

Draft Dose Reconstruction

Report to Claimant

Receive Signed OCAS-1

Closeout Interview

Send to DOLFinal Dose Reconstruction

Report to Claimant

Special Exposure Cohort (SEC)

If a claimant qualifies for inclusion in a Special Exposure Cohort class, the claimant receives compensation for cancers caused by exposure to radiation without the completion of a radiation dose reconstruction by NIOSH and without a determination by the Dept of Labor of the PoC.

Special Exposure Cohort (SEC)

Congress included certain employees of 4 facilities/sites as SECs.

The President, upon the recommendation of the Advisory Board on Radiation Worker Health designates additional SEC classes.

Compensation can be awarded for 21 (“specified”) cancers, provided that other requirements are met.

SEC’s at BWX Technologies, Inc

Two (2) SEC classes at BWX Technologies, Inc:

1. All Atomic Weapons Employer employees who worked at BWX Technologies, Inc., in Lynchburg, Virginia from January 1, 1959 through December 31, 1959; and/or from January 1, 1968 through December 31, 1972, for a number of work days aggregating at least 250 work days, occurring either solely under this employment, or in combination with work days within the parameters established for one or more other classes of employees in the Special Exposure Cohort.

2. All Atomic Weapons Employer employees who worked at BWX Technologies, Inc., in Lynchburg, Virginia during the period from January 1, 1985 through November 30, 1994, for a number of work days aggregating at least 250 work days, occurring either solely under this employment, or in combination with work days within the parameters established for one or more other classes of employees included in the Special Exposure Cohort.

21 Cancers

Bone cancer Renal cancers Leukemia (other than chronic lymphocytic leukemia

provided that onset was at least 2 years after the first exposure

Lung cancer (other than in situ lung cancer that is discovered during or after a post-mortem exam)

Or one of the following diseases, provided that onset was at least 5 years after the first exposure:

Multiple myeloma Lymphomas (other than Hodgkin’s disease)

21 Cancers (cont’d)

Primary cancer of the: Bile ducts Brain Male or Female Breast Colon Esophagus Gall bladder Liver (except if cirrhosis or hepatitis B is indicated) Ovary Pancreas Pharynx Salivary gland Small Intestine Stomach Thyroid Urinary bladder

For More Information

Contact one of the DOL Resource Centers or a District Office.

Oak Ridge Resource CenterJackson Plaza Office Complex

800 Oak Ridge Turnpike, Suite C-103

Oak Ridge, TN 37830

Toll free: (866) 481-0411

or.center@rrohio.com

Cleveland District Office

U.S. Department of Labor, DEEOIC

1001 Lakeside Avenue, Suite 350

Cleveland, OH 44114

Toll free: (888) 859-7211

Ombudsman Contact Information

Mail: U.S. Department of LaborOffice of the Ombudsman200 Constitution Ave., NW, Room N2454

Washington, D.C. 20210

Toll Free: 1-877-662-8363

Email: ombudsman@dol.gov

Website: www.dol.gov/eeombd

Questions/Comments