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An Introduction to The Energy Employees Occupational Illness Compensation Program Act

Posted by attorney John Goodwin

The Energy Employees Occupational Illness Compensation Program provides benefits authorized by the Energy Employees Occupational Illness Compensation Act of 2000 as amended (EEOICPA). The law can be found at 42 U.S.C. 7384 et seq. and the enabling regulations can be found at 20 CFR Parts 1 and 30.

The Act as amended has two parts, Part B and Part E. The amendment gives the Department of Labor, Office of Workers' Compensation Programs, the responsibility for administering this law.

Part B provides a lump sum payment of $ 150,000.00 and medical benefits as compensation for covered employees suffering from occupational illnesses incurred as a result of exposure to radiation, beryllium or silica while in the performance of duty for the Department of Energy and designated vendors, contractors and subcontractors. Part B also pays for monitoring for beryllium sensitivity which is defined as an abnormal beryllium lymphocyte proliferation test.

If the employee is no longer living, the Part B compensation may be paid to eligible survivors.

Part E provides variable amounts of compensation to DOE contractor employees or to their survivors where it is at least as likely as not that exposure to a dangerous substance while employed at a designated facility was a significant factor in contributing to or causing the death. Various amounts of compensation up to $ 250,000.00 are paid based on causal relationship, wage loss and impairment based on a decrease in the functioning of a body part or organ as it affects the whole body. Part E also provides for payment to certain specific survivors if the covered Part E employee is deceased at the time of payment.

To claim benefits, an employee must file a claim in writing. Form EE-1 can be used but any written document that requests benefits under this Act will be considered a claim. The Form EE-1 is available at

OWCP District Offices will issue recommended decisions with respect to Part B and Part E. The recommended decision will contain a finding of act and statement of reasons. It will be accompanied by a notice of the claimant’s right to file an objection and request a hearing

Appeal rights exist. The Final Adjudication Branch issues all final decisions and if an objection is made to the recommended decision holds oral hearings before a final decision is issued.

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