Energy Employees Energy Employees Occupational Occupational

Illness Compensation Illness Compensation ProgramProgram

Savannah River SiteSavannah River SiteTown Hall Meeting Town Hall Meeting Augusta, GeorgiaAugusta, Georgia

April 17, 2012April 17, 2012

2

Administrative IssuesAdministrative Issues

Emergency ExitsEmergency Exits Rest RoomsRest Rooms PhotosPhotos Cell PhonesCell Phones

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Administration of the Administration of the EEOICPAEEOICPA

Part BPart B (October 2000) (October 2000) Part E Part E (October 2004)(October 2004)

Agencies:Agencies: Department of Labor (DOL)Department of Labor (DOL) Department of Energy (DOE)Department of Energy (DOE) Department of Health and Human Department of Health and Human

Services (HHS)Services (HHS) National Institute for Occupational Safety and National Institute for Occupational Safety and

Health (NIOSH)Health (NIOSH) Department of Justice (DOJ)Department of Justice (DOJ)

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EEOICPA CompensationEEOICPA Compensation

$7.9 Billion Total $7.9 Billion Total Compensation Compensation

$4.29 Billion Part B$4.29 Billion Part B

$2.56 Billion Part E$2.56 Billion Part E

$1.06 Billion $1.06 Billion Medical Medical

Data as of March 26, 2012

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Savannah River Savannah River Compensation Compensation

$502.8 Million Total $502.8 Million Total Compensation Compensation

$240.0 Million Part $240.0 Million Part BB

$202.9 Million Part $202.9 Million Part EE

$59.9 Million $59.9 Million Medical Medical

Data as of March 26, 2012

PART E34%

MEDICAL4%

PART B62%

666

Employee EligibilityEmployee EligibilityEmployed ByEmployed By Part BPart B Part EPart E

DOE DOE Contractors Contractors and and SubcontractoSubcontractorsrs

YesYes YesYes

DOE Federal DOE Federal EmployeesEmployees

YesYes NoNo

AWE AWE EmployeesEmployees

YesYes NoNo

Beryllium Beryllium VendorsVendors

YesYes NoNo

RECARECA YesYes YesYes

777

Covered ConditionsCovered ConditionsConditionCondition Part BPart B Part EPart E

CBDCBD YesYes YesYes

Beryllium Beryllium SensitivitySensitivity

Medical Medical Monitoring Monitoring

OnlyOnly

YesYes

Chronic Chronic SilicosisSilicosis

YesYes YesYes

CancerCancer YesYes YesYes

Any Any condition condition related to related to toxic toxic exposureexposure

NoNo YesYes

888

Survivor DefinitionSurvivor DefinitionTypeType Part BPart B Part EPart E

Spouse at Spouse at time of time of deathdeath

YesYes YesYes

Children - Children - under age 18; under age 18; under age 23 under age 23 if full-time if full-time student; or student; or any age if any age if medically medically incapable of incapable of self- supportself- support

YesYes YesYes

Adult Adult ChildrenChildren

YesYes NoNo

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Part B: Dose Part B: Dose Reconstruction & Reconstruction &

Probability of CausationProbability of Causation Dose ReconstructionDose Reconstruction

Conducted by NIOSHConducted by NIOSH Level and extent of occupational Level and extent of occupational

radiation dose radiation dose

Probability of Causation (PoC)Probability of Causation (PoC) Scientific calculation of likelihood that Scientific calculation of likelihood that

radiation exposure caused cancerradiation exposure caused cancer NIOSH-IREPNIOSH-IREP PoC - 50% or greater for award PoC - 50% or greater for award

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Part B: Special Exposure Part B: Special Exposure CohortCohort

Worker Group Designation Worker Group Designation Presumption – occupational radiation caused Presumption – occupational radiation caused

cancer cancer

Employment Employment Worked particular location or specific Worked particular location or specific

process process Work day requirement – 250 work days Work day requirement – 250 work days

““Specified” Cancer Specified” Cancer 21 cancers 21 cancers named in lawnamed in law

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Part B: Adding New SEC Part B: Adding New SEC Classes Classes

NIOSH designates new SEC classes NIOSH designates new SEC classes Worker Petition or Agency Decision Worker Petition or Agency Decision Advisory Board Assistance Advisory Board Assistance 4 statutory SEC classes (3 GDPs + 4 statutory SEC classes (3 GDPs +

Amchitka)Amchitka) As of March 1, 2012, HHS has As of March 1, 2012, HHS has

designated 85 additional SEC classesdesignated 85 additional SEC classes

DOL administers SEC cases DOL administers SEC cases No role in designation No role in designation

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Savannah River SEC Class:Savannah River SEC Class:Effective March 3, 2012Effective March 3, 2012

Qualifying Employment: Qualifying Employment: DOE employees (or employees of predecessor DOE employees (or employees of predecessor

agency – AEC)agency – AEC) DOE contractors and subcontractorsDOE contractors and subcontractors

Worked at Savannah River Site in Worked at Savannah River Site in Aiken, South Carolina, 250 work days Aiken, South Carolina, 250 work days from January 1, 1953 through from January 1, 1953 through September 30, 1972September 30, 1972 Includes all areas and workers employed at the Includes all areas and workers employed at the

Savannah River SiteSavannah River Site

Those areas not within the boundaries Those areas not within the boundaries of the Savannah River Site are not of the Savannah River Site are not included in the SEC included in the SEC

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Savannah River Site Savannah River Site ContractorsContractors

E.I. Du Pont de Nemours and E.I. Du Pont de Nemours and Company: Company:

1950 – 19891950 – 1989

Westinghouse Savannah River Westinghouse Savannah River Company:Company:

1989 – Present1989 – Present

141414

Means of Verifying Means of Verifying EmploymentEmployment

DOEDOE EE-5 Employment Verification FormEE-5 Employment Verification Form

Oak Ridge Institute for Science Oak Ridge Institute for Science and Education (ORISE)and Education (ORISE)

The Center for Construction The Center for Construction Research and Training (CPWR)Research and Training (CPWR)

Corporate Verifiers Corporate Verifiers SSA wage data SSA wage data AffidavitsAffidavits

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Savannah River Site Claim Savannah River Site Claim Reviews Reviews

Claims reviewed for SEC inclusion:Claims reviewed for SEC inclusion: Pending dose reconstruction at time of Pending dose reconstruction at time of

SEC class SEC class Previously denied for POC <50%Previously denied for POC <50%

Potentially affected cases identified Potentially affected cases identified – tracked to resolution – tracked to resolution

Goals for each new SEC class to Goals for each new SEC class to prioritize SEC acceptanceprioritize SEC acceptance

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Part E: Means of VerifyingPart E: Means of Verifying Toxic Exposure Toxic Exposure

DOL Resource Centers DOL Resource Centers Occupational History Questionnaires Occupational History Questionnaires

(OHQ)(OHQ) Site Exposure Matrices (SEM)Site Exposure Matrices (SEM)

Identifies toxic substances related to labor Identifies toxic substances related to labor categories, processes, buildings, and major categories, processes, buildings, and major incidents incidents

Website available at Website available at www.sem.dol.gov DOE Document Acquisition Request DOE Document Acquisition Request

(DAR)(DAR) Claimant RecordsClaimant Records

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Part E: Employee Impairment Part E: Employee Impairment

Determination of % permanent Determination of % permanent whole person impairment due to whole person impairment due to covered illness covered illness

AMA’s Guides to the Evaluation of AMA’s Guides to the Evaluation of Permanent Impairment, 5Permanent Impairment, 5thth Edition Edition

$2,500 awarded for each % of $2,500 awarded for each % of impairmentimpairment

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Part E: Employee Wage Loss Part E: Employee Wage Loss Medical evidence must show Medical evidence must show

decreased capacity to work decreased capacity to work

Employee Compensation:Employee Compensation:

Any year <50% of the pre-disability Any year <50% of the pre-disability annual wage = $15,000 compensation annual wage = $15,000 compensation

Any year > 50% but <75% of the pre-Any year > 50% but <75% of the pre-disability annual wage = $10,000 disability annual wage = $10,000 compensationcompensation

191919

BenefitsBenefitsPart BPart B Part EPart E

$150,000 Employee $150,000 Employee + Survivor+ Survivor

Impairment $2,500 Impairment $2,500 per % (Employee)per % (Employee)

$50,000 RECA $50,000 RECA Employee + Employee + SurvivorSurvivor

Wage Loss $10,000 Wage Loss $10,000 -$15,000 per year -$15,000 per year (Employee)(Employee)

$125,000 Survivor$125,000 Survivor

$400,000 CAP for B+E combined$400,000 CAP for B+E combined

202020

Decision & Appeals Decision & Appeals ProcessProcess

Recommended Decision - District Recommended Decision - District OfficeOffice Preliminary determination Preliminary determination Cover letter, decision, and rights to object Cover letter, decision, and rights to object

(oral hearing/review of written record)(oral hearing/review of written record)

Final Decision – Final Adjudication Final Decision – Final Adjudication Branch (FAB)Branch (FAB) Affirmation of recommendation or remand Affirmation of recommendation or remand

based on objection/ independent reviewbased on objection/ independent review Appeal Rights – Reconsideration, Appeal Rights – Reconsideration,

Reopening & District Court Reopening & District Court

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Claimant Responsibilities Claimant Responsibilities

File Claim File Claim Collect/Copy/Submit relevant Collect/Copy/Submit relevant

records records Respond to information requests Respond to information requests Talk to co-workers – get affidavits Talk to co-workers – get affidavits Seek assistance if you need help – Seek assistance if you need help –

call Resource Center call Resource Center Review decision and information Review decision and information

for appeal for appeal

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Claimant ResourcesClaimant Resources

Resource Centers – 11 locationsResource Centers – 11 locations Savannah River Resource Center toll free Savannah River Resource Center toll free

number: (866) 666-4606number: (866) 666-4606 District Offices – 4 locations District Offices – 4 locations

Jacksonville District Office toll free number: Jacksonville District Office toll free number: (877) 336-4272(877) 336-4272

DEEOIC web siteDEEOIC web site http://www.dol.gov/owcp/energy/http://www.dol.gov/owcp/energy/ General program informationGeneral program information SEM website SEM website FormsForms Sample decisionsSample decisions

232323

Program StatisticsProgram Statistics

Program statistics for Part B and Program statistics for Part B and Part E available at DOL’s web site:Part E available at DOL’s web site:

http://www.dol.gov/owcp/energy/regs/complhttp://www.dol.gov/owcp/energy/regs/compliance/weeklystats.htmiance/weeklystats.htm

Program statistics by state and Program statistics by state and worksite available at:worksite available at:http://www.dol.gov/owcp/energy/regs/http://www.dol.gov/owcp/energy/regs/compliance/statistics/Statistics.htmcompliance/statistics/Statistics.htm

Program statistics updated dailyProgram statistics updated daily

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District Office Jurisdictional Map

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Questions?Questions?