Energy Employees Energy Employees Occupational Occupational

Illness Compensation Illness Compensation ProgramProgram

Town Hall Meeting Town Hall Meeting Bolingbrook, IllinoisBolingbrook, Illinois

June 7, 2011June 7, 2011

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Administrative IssuesAdministrative Issues

Emergency ExitsEmergency Exits Rest RoomsRest Rooms PhotosPhotos Cell PhonesCell Phones

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Enactment of EEOICPAEnactment of EEOICPA Enacted October 2000Enacted October 2000

Part B, mandatory federal entitlement, by DOLPart B, mandatory federal entitlement, by DOL Part D, state workers comp. assistance, by DOE Part D, state workers comp. assistance, by DOE

Amendments October 2004Amendments October 2004 Abolished Part D, created federal Part E, Abolished Part D, created federal Part E,

transferred to DOLtransferred to DOL 143,964 cases filed, over $7 billion total 143,964 cases filed, over $7 billion total

compensation and medical benefits paid to compensation and medical benefits paid to date date

Agencies: Labor, Energy, HHS, Justice Agencies: Labor, Energy, HHS, Justice DOL locationsDOL locations

DC, Jacksonville, Cleveland, Denver, and Seattle DC, Jacksonville, Cleveland, Denver, and Seattle Data as of May 19, Data as of May 19,

20112011

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EEOICPA COMPENSATION EEOICPA COMPENSATION NATIONWIDENATIONWIDE

$7 Billion Total $7 Billion Total Compensation Compensation

$3.94 Billion Part B$3.94 Billion Part B

$2.32 Billion Part E$2.32 Billion Part E

$784 Million Medical $784 Million Medical

Data as of May 19, 2011

PART E33%

MEDICAL11%

PART B56%

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Covered Facilities in IllinoisCovered Facilities in Illinois 29 Covered Facilities are located in Illinois including: 29 Covered Facilities are located in Illinois including:

Argonne National Lab. – Argonne National Lab. – East East Blockson Chemical Co. Blockson Chemical Co. Fansteel Metallurgical Fansteel Metallurgical Corp. Corp. Fermi National Accelerator Fermi National Accelerator Lab.Lab.

Lindsay Light and Lindsay Light and Chemical Co. Chemical Co. Dow Chemical (Madison Dow Chemical (Madison Site)Site) Metallurgical Lab. Metallurgical Lab. W.E. Pratt Manufacturing W.E. Pratt Manufacturing Co. Co.

For a complete list of all covered facilities For a complete list of all covered facilities located in Illinois please visit the located in Illinois please visit the DOE DOE Facility List Database WebsiteFacility List Database Website at: at: http://www.hss.energy.gov/healthsafety/fwsp/http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist/findfacility.cfmadvocacy/faclist/findfacility.cfm

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Argonne National Lab. -- East Argonne National Lab. -- East and and

Fermi National Accelerator Lab.Fermi National Accelerator Lab. Argonne National Laboratory – East Argonne National Laboratory – East

DOE Facility - Covered Time Period: 1946 – DOE Facility - Covered Time Period: 1946 – Present Present

Contractor: University of Chicago (1946 – Present)Contractor: University of Chicago (1946 – Present) $30 million in EEOICPA compensation and medical $30 million in EEOICPA compensation and medical

benefits paidbenefits paid

Fermi National Accelerator Laboratory Fermi National Accelerator Laboratory DOE Facility - Covered Time Period: 1972 – DOE Facility - Covered Time Period: 1972 –

Present Present Contractor: Universities Research Association Contractor: Universities Research Association

(1972 – Present)(1972 – Present) $2.4 million in EEOICPA compensation and medical $2.4 million in EEOICPA compensation and medical

benefits paidbenefits paid

Data as of May 19, 2011Data as of May 19, 2011

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Employee EligibilityEmployee EligibilityEmployed ByEmployed By Part BPart B Part EPart EDOE 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

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Covered ConditionsCovered ConditionsConditionCondition Part BPart B Part EPart E

CBDCBD YesYes YesYesBeryllium Beryllium SensitivitySensitivity

Medical Medical Monitoring Monitoring

OnlyOnly

YesYes

Chronic Chronic SilicosisSilicosis

YesYes YesYes

CancerCancer YesYes YesYesAny Any condition condition related to related to toxic toxic exposureexposure

NoNo YesYes

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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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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

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

Probability of CausationProbability of Causation Part B Cancer Cases and Dose Part B Cancer Cases and Dose

ReconstructionReconstruction Conducted by NIOSHConducted by NIOSH Level and extent of occupational radiation dose Level and extent of occupational 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 E: CausationPart E: Causation Claims developed for exposure to Claims developed for exposure to toxic toxic

substancessubstances

Causation: “At least as likely as not”Causation: “At least as likely as not”

Tools: Tools: Occupational History Questionnaire (OHQ)Occupational History Questionnaire (OHQ) Site Exposure Matrices (SEM)Site Exposure Matrices (SEM) DAR recordsDAR records FWP work history interviews FWP work history interviews Center for Construction Research & Training (CPWR)Center for Construction Research & Training (CPWR) DOE Physician Panel Findings DOE Physician Panel Findings Other Sources: Affidavits/facility records Other Sources: Affidavits/facility records

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SEM DatabaseSEM Database Site Exposure Matrices (SEM) Site Exposure Matrices (SEM)

Website: Website: Expansion completed in January 2011Expansion completed in January 2011

Contains information regarding Contains information regarding confirmed causal links between confirmed causal links between certain toxic substance exposures certain toxic substance exposures and certain diseases or health effects and certain diseases or health effects

Available at Available at http://www.sem.dol.gov

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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

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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

Paducah Resource Center toll free number: (866) Paducah Resource Center toll free number: (866) 534-0599534-0599

District Offices – 4 locations District Offices – 4 locations Cleveland District Office toll free number: (888) Cleveland District Office toll free number: (888)

859-7211859-7211 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

2020

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 MapDistrict Office Jurisdictional Map

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Ombudsman

The Office of the Ombudsman was created in 2004.

We are an independent office located within the Department of Labor.

We are not an advocate for individual claimants; and

We do not make decisions on claims

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EEOICP Ombudsman Duties

As an Independent Office we: Provide information on the benefits available under

EEOICPA and the requirements and procedures applicable to the provisions of EEOICPA Part B and Part E;

Make recommendations to the Secretary regarding the location of “resource centers” for the acceptance and development of claims for benefits under EEOICPA; and

Carry out other duties as the Secretary shall specify.

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Ombudsman’s Duties

We Submit an Annual Report to Congress by February 15th each year, providing:

The number and types of complaints, grievances and requests for assistance received by the Ombudsman during the preceding year; and

An assessment of the most common difficulties encountered by claimants and potential claimants during the preceding year.

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Ombudsman Duties

We Conduct Outreach: Conduct Town Hall Meeting

● Ombudsman Meetings● Joint Meetings (NIOSH/FWP/DEEOICP)

Develop Brochures/Handouts Web Page

We Provide Assistance: Receive calls and requests from claimants pertaining

to complaints, problems or concerns about the program

Explain program requirements, eligibility, and benefits Provide suggestions

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Ombudsman’s Duties

2010 Ombudsman’s Annual Report to Congress is currently on our website:

www.dol.gov/eeombd

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Ombudsman Contact Information

Mail: U.S. Department of LaborOffice of the Ombudsman, 200 Constitution Avenue, NW, Room N2454Washington, D.C. 20210

Toll Free: 1-877-662-8363Email: ombudsman@dol.govWebsite: www.dol.gov/eeombd

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Department of Energy Former Worker Medical

Screening Program (FWP)

and

Responsibilities under EEOICPA

Argonne & Fermi National Laboratories

• Argonne and Fermi former workerberyllium surveillance began in 2001 -Oak Ridge Associated Universities, Beryllium Medical Surveillance Program

- screened former workers until 2005

• Beryllium Medical Surveillance findings- 162 former Argonne/Fermi workers screened- 7 sensitized (>2 abnormal BeLPTs)- 4 single abnormal BeLPTs- 6 borderline BeLPTs- 1 Chronic Beryllium Disease case

Argonne & Fermi National Laboratories

National SupplementalScreening Program (NSSP)

• NSSP Outreach- Beryllium Surveillance roster- Argonne & Fermi rosters

notification letter mailings- Word of mouth

• Medical screenings began in 2006

Argonne & Fermi National LaboratoriesNSSP Findings, 2006-present

• 266 initial medical screening exams 16.2% - suspect asbestos-related disease

0.0% - suspect silicosis 3.4% - 1 abnormal BeLPT 1.5% - 2 abnormal BeLPTs 47.7% - noise-induced hearing loss

• Contact & Enrollment Information:

1-866-812-6703 (toll-free)www.orau.org/nssp

National SupplementalScreening Program

Questions?Questions?