Supporting Regulations

Title 20, Code of Federal Regulations
§ 30.100 In general, how does an employee file an initial claim for benefits?
(a) To claim benefits under EEOICPA, an employee must file a claim in writing.
Form EE-1 should be used for this purpose, but any written communication that requests
benefits under EEOICPA will be considered a claim. It will, however, be necessary for
an employee to submit a Form EE-1 for OWCP to fully develop the claim. Copies of
Form EE-1 may be obtained from OWCP or on the Internet at www.dol.gov/esa/regs/
compliance/owcp/eeoicp/main.htm. The employee’s claim must be filed with OWCP,
but another person may do so on the employee’s behalf.
(b) The employee may choose, at his or her own option, to file for benefits for only
certain conditions that are potentially compensable under the Act (e.g., the employee may
not want to claim for an occupational illness or a covered illness for which a payment has
been received that would necessitate an offset of EEOICPA benefits under the provisions
of § 30.505(b) of these regulations). The employee may withdraw his or her claim by so
requesting in writing to OWCP at any time before OWCP determines his or her eligibility
for benefits.
(c) Except as provided in paragraph (d) of this section, a claim is considered to be
“filed” on the date that the employee mails his or her claim to OWCP, as determined by
postmark, or on the date that the claim is received by OWCP, whichever is the earliest
determinable date. However, in no event will a claim under Part B of EEOICPA be
considered to be “filed” earlier than July 31, 2001, nor will a claim under Part E of
EEOICPA be considered to be “filed” earlier than October 30, 2000.
(1) The employee, or the person filing the claim on behalf of the employee, shall
affirm that the information provided on the Form EE-1 is true, and must inform OWCP of
any subsequent changes to that information.
(2) Except for a covered uranium employee filing a claim under Part B of the Act, the
employee is responsible for submitting with his or her claim, or arranging for the
submission of, medical evidence to OWCP that establishes that he or she sustained an
occupational illness and/or a covered illness. This required medical evidence is described
in § 30.114 and does not refer to mere recitations of symptoms the employee experienced
that the employee believes indicate that he or she sustained an occupational illness or a
covered illness.
(d) For those claims under Part E of EEOICPA that were originally filed with DOE as
claims for assistance under former section 7385o of EEOICPA (which was repealed on
October 28, 2004), a claim is considered to be “filed” on the date that the employee
mailed his or her claim to DOE, as determined by postmark, or on the date that the claim
was received by DOE, whichever is the earliest determinable date. However, in no event
will a claim referred to in this paragraph be considered to be “filed” earlier than October
30, 2000.

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§ 30.101 In general, how is a survivor’s claim filed?
(a) A survivor of an employee who sustained an occupational illness or a covered
illness must file a claim for compensation in writing. Form EE-2 should be used for this
purpose, but any written communication that requests survivor benefits under the Act will
be considered a claim. It will, however, be necessary for a survivor to submit a Form EE2 for OWCP to fully develop the claim. Copies of Form EE-2 may be obtained from
OWCP or on the Internet at www.dol.gov/esa/regs/compliance/owcp/eeoicp/main.htm.
The survivor’s claim must be filed with OWCP, but another person may do so on the
survivor’s behalf. Although only one survivor needs to file a claim under this section to
initiate the development process, OWCP will distribute any monetary benefits payable on
the claim among all eligible surviving beneficiaries who have filed claims with OWCP.
(b) A survivor may choose, at his or her own option, to file for benefits for only
certain conditions that are potentially compensable under the Act (e.g., the survivor may
not want to claim for an occupational illness or a covered illness for which a payment has
been received that would necessitate an offset of EEOICPA benefits under the provisions
of § 30.505(b) of these regulations). The survivor may withdraw his or her claim by so
requesting in writing to OWCP at any time before OWCP determines his or her eligibility
for benefits.
(c) A survivor must be alive to receive any payment under EEOICPA; there is no
vested right to such payment.
(d) Except as provided in paragraph (e) of this section, a survivor’s claim is
considered to be “filed” on the date that the survivor mails his or her claim to OWCP, as
determined by postmark, or the date that the claim is received by OWCP, whichever is
the earliest determinable date. However, in no event will a survivor’s claim under Part B
of the Act be considered to be “filed” earlier than July 31, 2001, nor will a survivor’s
claim under Part E of the Act be considered to be “filed” earlier than October 30, 2000.
(1) The survivor, or the person filing the claim on behalf of the survivor, shall affirm
that the information provided on the Form EE-2 is true, and must inform OWCP of any
subsequent changes to that information.
(2) Except for the survivor of a covered uranium employee claiming under Part B of
the Act, the survivor is responsible for submitting, or arranging for the submission of,
evidence to OWCP that establishes that the employee upon whom the survivor’s claim is
based was eligible for such benefits, including medical evidence that establishes that the
employee sustained an occupational illness or a covered illness. This required medical
evidence is described in § 30.114 and does not refer to mere recitations by the survivor of
symptoms the employee experienced that the survivor believes indicate that the employee
sustained an occupational illness or a covered illness.
(e) For those claims under Part E of EEOICPA that were originally filed with DOE as
claims for assistance under former section 7385o of EEOICPA (which was repealed on
October 28, 2004), a claim is considered to be “filed” on the date that the survivor mailed
his or her claim to DOE, as determined by postmark, or on the date that the claim was

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received by DOE, whichever is the earliest determinable date. However, in no event will
a claim referred to in this paragraph be considered to be “filed” earlier than October 30,
2000.
(f) A spouse or a child of a deceased DOE contractor employee or RECA section 5
uranium worker, who is not a covered spouse or covered child under Part E, may submit
a written request to OWCP for a determination of whether that deceased DOE contractor
employee or RECA section 5 uranium worker contracted a covered illness under section
7385s-4(d) of EEOICPA.
(1) Any such request submitted pursuant to paragraph (f) of this section will not be
considered a survivor’s claim for benefits under Part E of the Act.
(2) As part of its consideration of any request submitted pursuant to paragraph (f) of
this section, OWCP will apply the eligibility criteria in subpart C of this part. However,
the adjudicatory procedures contained in subpart D of this part will not apply to OWCP’s
consideration of such a request, and OWCP’s response to the request will not constitute a
final agency decision on entitlement to any benefits under EEOICPA.
§ 30.102 In general, how does an employee file a claim for additional impairment or
wage-loss under Part E of EEOICPA?
(a) An employee previously awarded impairment benefits by OWCP may file a claim
for additional impairment benefits. Such claim must be based on an increase in the
employee’s minimum impairment rating attributable to the covered illness or illnesses
from the impairment rating that formed the basis for the last award of such benefits by
OWCP. OWCP will only adjudicate claims for such an increased rating that are filed at
least two years from the date of the last award of impairment benefits. However, OWCP
will not wait two years before it will adjudicate a claim for additional impairment that is
based on an allegation that the employee sustained a new covered illness.
(b) An employee previously awarded wage-loss benefits by OWCP may be eligible
for additional wage-loss benefits for periods of wage-loss that were not addressed in a
prior claim only if the employee had not reached his or her Social Security retirement age
at the time of the prior award. OWCP will adjudicate claims filed on a yearly basis in
connection with each succeeding calendar year for which qualifying wage-loss under Part
E is alleged, as well as claims that aggregate calendar years for which qualifying wageloss is alleged.
(c) Employees should use Form EE-10 to claim for additional impairment or wageloss benefits under Part E of EEOICPA.
(1) The employee, or the person filing the claim on behalf of the employee, shall
affirm that the information provided on Form EE-10 is true, and must inform OWCP of
any subsequent changes to that information.
(2) The employee is responsible for submitting with any claim filed under this section,
or arranging for the submission of, factual and medical evidence establishing that he or
she experienced another calendar year of qualifying wage-loss, and/or medical evidence
establishing that he or she has an increased minimum impairment rating, as appropriate.

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§ 30.103 How does a claimant make sure that OWCP has the evidence necessary to
process the claim?
(a) Claims and certain required submissions should be made on forms prescribed by
OWCP. Persons submitting forms shall not modify these forms or use substitute forms.
-----------------------------------------------------------------------Form No.
Title
-----------------------------------------------------------------------(1) EE-1............................ Claim for Benefits Under the Energy
Employees Occupational Illness
Compensation Program Act
(2) EE-2............................ Claim for Survivor Benefits Under
the Energy Employees Occupational
Illness Compensation Program Act.
(3) EE-3............................ Employment History for a Claim Under
the Energy Employees Occupational
Illness Compensation Program Act
(4) EE-4............................ Employment History Affidavit for a
Claim Under the Energy Employees
Occupational Illness Compensation
Program Act
-----------------------------------------------------------------------(b) Copies of the forms listed in this section are available for public inspection at the
Office of Workers’ Compensation Programs, Employment Standards Administration,
U.S. Department of Labor, Washington, D.C. 20210. They may also be obtained from
OWCP district offices and on the Internet at www.dol.gov/esa/regs/compliance/owcp/
eeoicp/main.htm.
*******
§ 30.111 What is the claimant’s responsibility with respect to burden of proof,
production of documents, presumptions, and affidavits?
(a) Except where otherwise provided in the Act and these regulations, the claimant
bears the burden of proving by a preponderance of the evidence the existence of each and
every criterion necessary to establish eligibility under any compensable claim category
set forth in § 30.110. Proof by a preponderance of the evidence means that it is more
likely than not that the proposition to be proved is true. Subject to the exceptions
expressly provided in the Act and the regulations in this part, the claimant also bears the
burden of providing to OWCP all written medical documentation, contemporaneous
records, or other records and documents necessary to establish any and all criteria for
benefits set forth in these regulations.

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(b) In the event that the claim lacks required information or supporting documentation,
OWCP will notify the claimant of the deficiencies and provide him or her an opportunity
for correction of the deficiencies.
(c) Written affidavits or declarations, subject to penalty for perjury, by the employee,
survivor or any other person, will be accepted as evidence of employment history and
survivor relationship for purposes of establishing eligibility and may be relied on in
determining whether a claim meets the requirements of the Act for benefits if, and only
if, such person attests that due diligence was used to obtain records in support of the
claim, but that no records exist.
(d) A claimant will not be entitled to any presumption otherwise provided for in these
regulations if substantial evidence exists that rebuts the existence of the fact that is the
subject of the presumption. Substantial evidence means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion. When such evidence
exists, the claimant shall be notified and afforded the opportunity to submit additional
written medical documentation or records.
§ 30.112 What kind of evidence is needed to establish covered employment and how
will that evidence be evaluated?
(a) Evidence of covered employment may include: employment records; pay stubs;
tax returns; Social Security records; and written affidavits or declarations, subject to
penalty of perjury, by the employee, survivor or any other person. However, no one
document is required to establish covered employment and a claimant is not required to
submit all of the evidence listed above. A claimant may submit other evidence not listed
above to establish covered employment. To be acceptable as evidence, all documents
and records must be legible. OWCP will accept photocopies, certified copies, and
original documents and records.
(b) Pursuant to §§ 30.105 and/or 30.106, DOE or another entity verifying alleged
employment shall certify that it concurs with the employment information provided by
the claimant, that it disagrees with the information provided by the claimant, or, after a
reasonable search of its records and a reasonable effort to locate pertinent records not
already in its possession, it can neither concur nor disagree with the information provided
by the claimant.
(1) If DOE or another entity certifies that it concurs with the employment information
provided by the claimant, then the criterion for covered employment will be established.
(2) If DOE or another entity certifies that it disagrees with the information provided
by the claimant or that after a reasonable search of its records and a reasonable effort to
locate pertinent records not already in its possession it can neither concur nor disagree
with the information provided by the claimant, OWCP will evaluate the evidence
submitted by the claimant to determine whether the claimant has established covered
employment by a preponderance of the evidence. OWCP may request additional
evidence from the claimant to demonstrate that the claimant has met the criterion for

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covered employment. Nothing in this section shall be construed to limit OWCP’s ability
to require additional documentation.
(3) If the only evidence of covered employment is a self-serving affidavit and DOE or
another entity either disagrees with the assertion of covered employment or cannot
concur or disagree with the assertion of covered employment, then OWCP may reject the
claim based upon a lack of evidence of covered employment.
§ 30.113 What are the requirements for written medical documentation,
contemporaneous records, and other records or documents?
(a) All written medical documentation, contemporaneous records, and other records or
documents submitted by an employee or his or her survivor to prove any criteria provided
for in these regulations must be legible. OWCP will accept photocopies, certified copies,
and original documents and records.
(b) To establish eligibility, the employee or his or her survivor may be required to
provide, where appropriate, additional contemporaneous records to the extent they exist
or an authorization to release additional contemporaneous records or a statement by the
custodian(s) of the record(s) certifying that the requested record(s) no longer exist.
Nothing in this section shall be construed to limit OWCP’s ability to require additional
documentation.
(c) If a claimant submits a certified statement, by a person with knowledge of the
facts, that the medical records containing a diagnosis and date of diagnosis of a covered
medical condition no longer exist, then OWCP may consider other evidence to establish a
diagnosis and date of diagnosis of a covered medical condition. However, if the certified
statement is a self-serving document, OWCP may reject the claim based upon a lack of
evidence of a covered medical condition.
§ 30.114 What kind of evidence is needed to establish a compensable medical
condition and how will that evidence be evaluated?
(a) Evidence of a compensable medical condition may include: a physician’s report,
laboratory reports, hospital records, death certificates, x-rays, magnetic resonance images
or reports, computer axial tomography or other imaging reports, lymphocyte proliferation
testings, beryllium patch tests, pulmonary function or exercise testing results, pathology
reports including biopsy results and other medical records. A claimant is not required to
submit all of the evidence listed in this paragraph. A claimant may submit other evidence
that is not listed in this paragraph to establish a compensable medical condition. Nothing
in this section shall be construed to limit OWCP’s ability to require additional
documentation.
(b) The medical evidence submitted will be used to establish the diagnosis and the
date of diagnosis of the compensable medical condition.
(1) For covered beryllium illnesses, additional medical evidence, as set forth in §
30.207, is required to establish a beryllium illness.

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(2) For chronic silicosis, additional medical evidence, as set forth in § 30.222, is
required to establish chronic silicosis.
(3) For consequential injuries, illnesses, impairments or diseases, the claimant must
also submit a physician’s fully rationalized medical report showing a causal relationship
between the resulting injury, illness, impairment or disease and the compensable medical
condition.
(c) OWCP will evaluate the medical evidence in accordance with recognized and
accepted diagnostic criteria used by physicians to determine whether the claimant has
established the medical condition for which compensation is sought in accordance with
the requirements of the Act.
*******
§ 30.206 How does a claimant prove that the employee was a “covered beryllium
employee” exposed to beryllium dust, particles or vapor in the performance of
duty?
(a) Proof of employment at or physical presence at a DOE facility, or a facility owned,
operated, or occupied by a beryllium vendor, because of employment by the United
States, a beryllium vendor, or a contractor or subcontractor of a beryllium vendor during
a period when beryllium dust, particles, or vapor may have been present at such a facility,
may be made by the submission of any trustworthy records that, on their face or in
conjunction with other such records, establish that the employee was employed or present
at a covered facility and the time period of such employment or presence.
(b) If the evidence shows that exposure occurred while the employee was employed or
present at a facility during a time frame that is outside the relevant time frame indicated
for that facility, OWCP may request that DOE provide additional information on the
facility. OWCP will determine whether the evidence of record supports enlarging the
relevant time frame for that facility.
(c) If the evidence shows that exposure occurred while the employee was employed or
present at a facility that would have to be designated by DOE as a beryllium vendor
under section 7384m of the Act to be a covered facility, and that the facility has not been
so designated, OWCP will deny the claim on the ground that the facility is not a covered
facility.
(d) Records from the following sources may be considered as evidence for purposes of
establishing employment or presence at a covered facility:
(1) Records or documents created by any federal government agency (including
verified information submitted for security clearance), any tribal government, or any
state, county, city or local government office, agency, department, board or other entity,
or other public agency or office.

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(2) Records or documents created by any vendor, processor, or producer of beryllium
or related products designated as a beryllium vendor by the DOE in accordance with
section 7384m of the Act.
(3) Records or documents created as a by product of any regularly conducted business
activity or by an entity that acted as a contractor or subcontractor to the DOE.
§ 30.207 How does a claimant prove a diagnosis of a beryllium disease covered
under Part B?
(a) Written medical documentation is required in all cases to prove that the employee
developed a covered beryllium illness. Proof that the employee developed a covered
beryllium illness must be made by using the procedures outlined in paragraphs (b), (c), or
(d) of this section.
(b) Beryllium sensitivity or sensitization is established with an abnormal LPT
performed on either blood or lung lavage cells.
(c) Chronic beryllium disease is established in the following manner:
(1) For diagnoses on or after January 1, 1993, beryllium sensitivity (as established in
accordance with paragraph (b) of this section), together with lung pathology consistent
with chronic beryllium disease, including the following:
(i) A lung biopsy showing granulomas or a lymphocytic process consistent with
chronic beryllium disease;
(ii) A computerized axial tomography scan showing changes consistent with chronic
beryllium disease; or
(iii) Pulmonary function or exercise testing showing pulmonary deficits consistent
with chronic beryllium disease.
(2) For diagnoses before January 1, 1993, the presence of the following:
(i) Occupational or environmental history, or epidemiologic evidence of beryllium
exposure; and
(ii) Any three of the following criteria:
(A) Characteristic chest radiographic (or computed tomography (CT)) abnormalities.
(B) Restrictive or obstructive lung physiology testing or diffusing lung capacity
defect.
(C) Lung pathology consistent with chronic beryllium disease.
(D) Clinical course consistent with a chronic respiratory disorder.
(E) Immunologic tests showing beryllium sensitivity (skin patch test or beryllium
blood test preferred).
(d) An injury, illness, impairment or disability sustained as a consequence of
beryllium sensitivity or established chronic beryllium disease must be established with a
fully rationalized medical report by a physician that shows the relationship between the
injury, illness, impairment or disability and the beryllium sensitivity or established
chronic beryllium disease. Neither the fact that the injury, illness, impairment or
disability manifests itself after a diagnosis of beryllium sensitivity or established chronic
beryllium disease, nor the belief of the claimant that the injury, illness, impairment or

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disability was caused by the beryllium sensitivity or established chronic beryllium
disease, is sufficient in itself to prove a causal relationship.
*******
§ 30.212 How does a claimant establish that the employee contracted cancer after
beginning employment at a DOE facility, an atomic weapons employer facility or a
RECA section 5 facility?
(a) Proof of employment by the DOE or a DOE contractor at a DOE facility, or by an
atomic weapons employer at an atomic weapons employer facility, or at a RECA section
5 facility, may be made by the submission of any trustworthy records that, on their face
or in conjunction with other such records, establish that the employee was so employed
and the time period(s) of such employment.
(b)(1) Except as provided in paragraph (b)(2) of this section, if the evidence shows
that exposure occurred while the employee was employed at a facility during a time
frame that is outside the relevant period indicated for that facility, OWCP may request
that DOE provide additional information on the facility. OWCP will determine whether
the evidence of record supports enlarging the relevant period for that facility.
(2) OWCP may choose not to request that DOE provide additional information on an
atomic weapons employer facility that NIOSH reported had a potential for significant
residual radiation contamination in its report dated October 2003 and titled “Report on
Residual Radioactive and Beryllium Contamination at Atomic Weapons Employer
Facilities and Beryllium Vendor Facilities,” or any update to that report, if the evidence
referred to in paragraph (a) of this section establishes that the employee was employed at
that facility during a period when NIOSH reported that it had a potential for significant
residual radiation contamination.
(c) If the evidence shows that exposure occurred while the employee was employed by
an employer that would have to be designated by DOE as an atomic weapons employer
under section 7384l(4) of the Act to be a covered employer, and that the employer has not
been so designated, OWCP will deny the claim on the ground that the employer is not a
covered atomic weapons employer.
(d) Records from the following sources may be considered as evidence for purposes of
establishing employment or presence at a covered facility:
(1) Records or documents created by any federal government agency (including
verified information submitted for security clearance), any tribal government, or any
state, county, city or local government office, agency, department, board or other entity,
or other public agency or office.
(2) Records or documents created as a byproduct of any regularly conducted business
activity or by an entity that acted as a contractor or subcontractor to the DOE.

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§ 30.213 How does a claimant establish that the radiogenic cancer was at least as
likely as not related to employment at the DOE facility, the atomic weapons
employer facility, or the RECA section 5 facility?
(a) HHS, with the advice of the Advisory Board on Radiation and Worker Health, has
issued regulatory guidelines at 42 CFR part 81 that OWCP uses to determine whether
radiogenic cancers claimed under Parts B and E were at least as likely as not related to
employment at a DOE facility, an atomic weapons employer facility, or a RECA section
5 facility, as appropriate. Persons should consult HHS’s regulations for information
regarding the factual evidence that will be considered by OWCP, in addition to the
employee’s radiation dose reconstruction that will be provided to OWCP by HHS, in
making this particular factual determination.
(b) HHS’s regulations satisfy the legal requirements in section 7384n(c) of the Act,
which also sets out OWCP’s obligation to use them in its adjudication of claims for
radiogenic cancer filed under Part B of the Act, and provide the factual basis for OWCP
to determine if the “probability of causation” (PoC) that an employee’s cancer was
sustained in the performance of duty is 50% or greater (i.e., it is “at least as likely as not”
causally related to employment), as required under section 7384n(b).
(c) OWCP also uses HHS’s regulations when it makes the determination required by
section 7385s-4(c)(1)(A) of the Act, since those regulations provide the factual basis for
OWCP to determine if “it is at least as likely as not” that exposure to radiation at a DOE
facility or RECA section 5 facility, as appropriate, was a significant factor in aggravating,
contributing to, or causing the employee’s radiogenic cancer claimed under Part E. For
cancer claims under Part E, if the PoC is less than 50% and the claimant alleges that the
employee was exposed to additional toxic substances, OWCP will determine if the claim
is otherwise compensable pursuant to § 30.230(d) of this part.
§ 30.214 How does a claimant establish that the employee is a member of the
Special Exposure Cohort?
(a) For purposes of establishing eligibility as a member of the Special Exposure
Cohort (SEC) under § 30.210(a)(1), the employee must have been a DOE employee, a
DOE contractor employee, or an atomic weapons employee who meets any of the
following requirements:
(1) The employee was so employed for a number of workdays aggregating at least 250
workdays before February 1, 1992, at a gaseous diffusion plant located in Paducah,
Kentucky; Portsmouth, Ohio; or Oak Ridge, Tennessee; and during such employment:
(i) Was monitored through the use of dosimetry badges for exposure at the plant of the
external parts of the employee’s body to radiation; or
(ii) Worked in a job that had exposures comparable to a job that is or was monitored
through the use of dosimetry badges.
(2) The employee was so employed before January 1, 1974, by DOE or a DOE
contractor or subcontractor on Amchitka Island, Alaska, and was exposed to ionizing

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radiation in the performance of duty related to the Long Shot, Milrow, or Cannikin
underground nuclear tests.
(3) The employee is a member of a group or class of employees subsequently
designated as additional members of the SEC by HHS.
(b) For purposes of satisfying the 250 workday requirement of paragraph (a)(1) of this
section, the claimant may aggregate the days of service at more than one gaseous
diffusion plant.
(c) Proof of employment by the DOE or a DOE contractor, or an atomic weapons
employer, for the requisite time periods set forth in paragraph (a) of this section, may be
made by the submission of any trustworthy records that, on their face or in conjunction
with other such records, establish that the employee was so employed and the time
period(s) of such employment. If the evidence shows that exposure occurred while the
employee was employed by an employer that would have to be designated by DOE as an
atomic weapons employer under section 7384l(4) of the Act to be a covered employer,
and that the employer has not been so designated, OWCP will deny the claim on the
ground that the employer is not a covered atomic weapons employer.
(d) Records from the following sources may be considered as evidence for purposes of
establishing employment or presence at a covered facility:
(1) Records or documents created by any federal government agency (including
verified information submitted for security clearance), any tribal government, or any
state, county, city or local government office, agency, department, board or other entity,
or other public agency or office.
(2) Records or documents created as a byproduct of any regularly conducted business
activity or by an entity that acted as a contractor or subcontractor to the DOE.
§ 30.215 How does a claimant establish that the employee has sustained an injury,
illness, impairment or disease as a consequence of a diagnosed cancer?
An injury, illness, impairment or disease sustained as a consequence of a diagnosed
cancer covered by the provisions of § 30.210 must be established with a fully rationalized
medical report by a physician that shows the relationship between the injury, illness,
impairment or disease and the cancer. Neither the fact that the injury, illness, impairment
or disease manifests itself after a diagnosis of a cancer, nor the belief of the claimant that
the injury, illness, impairment or disease was caused by the cancer, is sufficient in itself
to prove a causal relationship.
*******
§ 30.221 How does a claimant prove exposure to silica in the performance of duty?
(a) Proof of the employee’s employment and presence for the requisite days during the
mining of tunnels at a DOE facility located in Nevada or Alaska for tests or experiments
related to an atomic weapon may be made by the submission of any trustworthy records

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that, on their face or in conjunction with other such records, establish that the employee
was so employed and present at these sites and the time period(s) of such employment
and presence.
(b) If the evidence shows that exposure occurred while the employee was employed
and present at a facility during a time frame that is outside the relevant time frame
indicated for that facility, OWCP may request that DOE provide additional information
on the facility. OWCP will determine whether the evidence of record supports enlarging
the relevant time frame for that facility.
(c) Records from the following sources may be considered as evidence for purposes of
establishing proof of employment or presence at a covered facility:
(1) Records or documents created by any federal government agency (including
verified information submitted for security clearance), any tribal government, or any
state, county, city or local government office, agency, department, board or other entity,
or other public agency or office.
(2) Records or documents created as a byproduct of any regularly conducted business
activity or by an entity that acted as a contractor or subcontractor to the DOE.
(d) For purposes of satisfying the 250 workday requirement of § 30.220(a), the
claimant may aggregate the days of service at more than one qualifying site.
§ 30.222 How does a claimant establish that the employee has been diagnosed with
chronic silicosis or has sustained a consequential injury, illness, impairment or
disease?
(a) A written diagnosis of the employee’s chronic silicosis (as defined in § 30.5(j))
shall be made by a medical doctor and accompanied by one of the following:
(1) A chest radiograph, interpreted by an individual certified by NIOSH as a B reader,
classifying the existence of pneumoconioses of category 1/0 or higher; or
(2) Results from a computer assisted tomograph or other imaging technique that are
consistent with silicosis; or
(3) Lung biopsy findings consistent with silicosis.
(b) An injury, illness, impairment or disease sustained as a consequence of accepted
chronic silicosis covered by the provisions of § 30.220(a) must be established with a fully
rationalized medical report by a physician that shows the relationship between the injury,
illness, impairment or disease and the accepted chronic silicosis. Neither the fact that the
injury, illness, impairment or disease manifests itself after a diagnosis of accepted chronic
silicosis, nor the belief of the claimant that the injury, illness, impairment or disease was
caused by the accepted chronic silicosis, is sufficient in itself to prove a causal
relationship.
*******

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§ 30.226 How does a claimant establish that a covered uranium employee has
sustained a consequential injury, illness, impairment or disease?
An injury, illness, impairment or disease sustained as a consequence of a medical
condition covered by the provisions of § 30.225(a) must be established with a fully
rationalized medical report by a physician that shows the relationship between the injury,
illness, impairment or disease and the accepted medical condition. Neither the fact that
the injury, illness, impairment or disease manifests itself after a diagnosis of a medical
condition covered by the provisions of § 30.225(a), nor the belief of the claimant that the
injury, illness, impairment or disease was caused by such a condition, is sufficient in
itself to prove a causal relationship.
*******
§ 30.231 How does a claimant prove employment-related exposure to a toxic
substance at a DOE facility or a RECA section 5 facility?
To establish employment-related exposure to a toxic substance at a Department of
Energy facility or RECA section 5 facility as required by § 30.230(d), an employee, or
his or her survivor(s), must prove that the employee was employed at such facility and
that he or she was exposed to a toxic substance in the course of that employment.
(a) Proof of employment may be established by any trustworthy records that, on their
face or in conjunction with other such records, establish that the employee was so
employed and the time period(s) of such employment.
(b) Proof of exposure to a toxic substance may be established by the submission of
any appropriate document or information that is evidence that such substance was present
at the facility in which the employee was employed and that the employee came into
contact with such substance. OWCP site exposure matrices may be used to provide
probative factual evidence that a particular substance was present at either a DOE facility
or a RECA section 5 facility.
§ 30.232 How does a claimant establish that the employee has been diagnosed with
a covered illness, or sustained an injury, illness, impairment or disease as a
consequence of a covered illness?
(a) To establish that the employee has been diagnosed with a covered illness as
required by § 30.230(d), the employee, or his or her survivor(s), must provide the
following:
(1) The name and address of any licensed physician who is the source of a diagnosis
based upon documented medical information that the employee has or had an illness and
that the illness may have resulted from exposure to a toxic substance while the employee
was employed at a DOE facility or a RECA section 5 facility, as appropriate, and, to the
extent practicable, a copy of the diagnosis and a summary of the information upon which
the diagnosis is based; and

13

(2) A signed medical release, authorizing the release of any diagnosis, medical
opinion and medical records documenting the diagnosis or opinion that the employee has
or had an illness and that the illness may have resulted from exposure to a toxic substance
while the employee was employed at a DOE facility or RECA section 5 facility, as
appropriate; and
(3) To the extent practicable and appropriate, an occupational history obtained by a
physician, an occupational health professional, or a DOE-sponsored Former Worker
Program (if such an occupational history is not reasonably available or is inadequate, and
such history is deemed by OWCP to be needed for the fair adjudication of the claim, then
OWCP may assist the claimant in developing this history); and
(4) Any other information or materials deemed by OWCP to be necessary to provide
reasonable evidence that the employee has or had an illness that may have arisen from
exposure to a toxic substance while employed at a DOE facility or RECA section 5
facility, as appropriate.
(b) The employee, or his or her survivor(s), may also submit to OWCP other evidence
not described in paragraph (a) of this section showing that the employee has or had an
illness that resulted from an exposure to a toxic substance during the course of
employment at either a DOE facility or a RECA section 5 facility, as appropriate.
(c) An injury, illness, impairment or disease sustained as a consequence of a covered
illness (as defined in § 30.5(r)) must be established with a fully rationalized medical
report by a physician that shows the relationship between the injury, illness, impairment
or disease and the covered illness. Neither the fact that the injury, illness, impairment or
disease manifests itself after a diagnosis of a covered illness, nor the belief of the
claimant that the injury, illness, impairment or disease was caused by the covered illness,
is sufficient in itself to prove a causal relationship.
*******
§ 30.415 What are the requirements for medical reports?
In general, medical reports from the employee’s attending physician should include the
following:
(a) Dates of examination and treatment;
(b) History given by the employee;
(c) Physical findings;
(d) Results of diagnostic tests;
(e) Diagnosis;
(f) Course of treatment;

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(g) A description of any other conditions found due to the claimed occupational illness
or covered illness;
(h) The treatment given or recommended for the claimed occupational illness or
covered illness; and
(i) All other material findings.
§ 30.416 How and when should medical reports be submitted?
(a) The initial medical report (and any subsequent reports) should be made in narrative
form on the physician’s letterhead stationery. The physician should use the Form EE-7
as a guide for the preparation of his or her initial medical report in support of a claim
under Part B and/or Part E of EEOICPA. The report should bear the physician’s
signature or signature stamp. OWCP may require an original signature on the report.
(b) The report shall be submitted directly to OWCP as soon as possible after medical
examination or treatment is received, either by the employee or the physician.
§ 30.417 What additional medical information may OWCP require to support
continuing payment of benefits?
In all cases requiring hospital treatment or prolonged care, OWCP will request detailed
narrative reports from the attending physician at periodic intervals. The physician will be
asked to describe continuing medical treatment for the occupational illness or covered
illness accepted by OWCP, a prognosis, and the physician’s opinion as to the continuing
causal relationship between the need for additional treatment and the occupational illness
or covered illness.
*******
§ 30.505 What procedures will OWCP follow before it pays any compensation?
(a) In cases involving the approval of a claim, whether in whole or in part, OWCP
shall take all necessary steps to determine the amount of any offset or coordination of
EEOICPA benefits before paying any benefits, and to verify the identity of the covered
Part B employee, the covered Part E employee, or the eligible surviving beneficiary or
beneficiaries. To perform these tasks, OWCP may conduct any investigation, require any
claimant to provide or execute any affidavit, record or document, or authorize the release
of any information as OWCP deems necessary to ensure that the compensation payment
is made in the correct amount and to the correct person or persons. OWCP shall also
require every claimant under Part B of the Act to execute and provide any necessary
affidavit described in § 30.620 of these regulations. Should a claimant fail or refuse to
execute an affidavit or release of information, or fail or refuse to provide a requested
document or record or to provide access to information, such failure or refusal may be

15

deemed to be a rejection of the payment, unless the claimant does not have and cannot
obtain the legal authority to provide, release, or authorize access to the required
information, records, or documents.
(b) To determine the amount of any offset, OWCP shall require the covered Part B
employee, covered Part E employee or each eligible surviving beneficiary filing a claim
under this part to execute and provide an affidavit (or declaration made under oath on
Form EE-1 or EE-2) reporting the amount of any payment made pursuant to a final
judgment or settlement in litigation seeking damages. Even if someone other than the
covered Part B employee or the covered Part E employee receives a payment pursuant to
a final judgment or settlement in litigation seeking damages (e.g., the surviving spouse of
a deceased covered Part B employee or a deceased covered Part E employee), the receipt
of any such payment must be reported.
(1) For the purposes of this paragraph (b) only, “litigation seeking damages” refers to
any request or demand for money (other than for workers’ compensation) by the covered
Part B employee or the covered Part E employee, or by another individual if the covered
Part B employee or the covered Part E employee is deceased, made or sought in a civil
action or in anticipation of the filing of a civil action, for injuries incurred on account of
an exposure for which compensation is payable under EEOICPA. This term does not
also include any request or demand for money made or sought pursuant to a life
insurance or health insurance contract, or any request or demand for money made or
sought by an individual other than the covered Part B employee or the covered Part E
employee in that individual’s own right (e.g., a spouse’s claim for loss of consortium), or
any request or demand for money made or sought by the covered Part B employee or the
covered Part E employee (or the estate of a deceased covered Part B employee or
deceased covered Part E employee) not for injuries incurred on account of an exposure
for which compensation is payable under the EEOICPA (e.g., a covered Part B
employee’s or a covered Part E employee’s claim for damage to real or personal
property).
(2) If a payment has been made pursuant to a final judgment or settlement in litigation
seeking damages, OWCP shall subtract a portion of the dollar amount of such payment
from the benefit payments to be made under EEOICPA. OWCP will calculate the
amount to be subtracted from the benefit payments in the following manner:
(i) OWCP will first determine the value of the payment made pursuant to either a final
judgment or settlement in litigation seeking damages by adding the dollar amount of any
monetary damages (excluding contingent awards) and any medical expenses for
treatment provided on or after the date the covered Part B employee or the covered Part E
employee filed a claim for EEOICPA benefits that were paid for under the final judgment
or settlement. In the event that these payments include a “structured” settlement (where a
party makes an initial cash payment and also arranges, usually through the purchase of an
annuity, for payments in the future), OWCP will usually accept the cost of the annuity to
the purchaser as the dollar amount of the right to receive the future payments.
(ii) OWCP will then make certain deductions from the above dollar amount to arrive
at the dollar amount to be subtracted from any unpaid EEOICPA benefits. Allowable
deductions consist of attorney’s fees OWCP deems reasonable, and itemized costs of suit
(out-of-pocket expenditures not part of the normal overhead of a law firm’s operation like

16

filing fees, travel expenses, witness fees, and court reporter costs for transcripts) provided
that adequate supporting documentation is submitted to OWCP.
(iii) The EEOICPA benefits that will be reduced will consist of any unpaid lump-sum
payments payable in the future and medical benefits payable in the future. In those cases
where it has not yet paid EEOICPA benefits, OWCP will reduce such benefits on a
dollar-for-dollar basis, beginning with the lump-sum payments first. If the amount to be
subtracted exceeds the lump-sum payments, OWCP will reduce ongoing EEOICPA
medical benefits payable in the future by the amount of any remaining surplus. This
means that OWCP will apply the amount it would otherwise pay to reimburse the covered
Part B employee or the covered Part E employee for any ongoing EEOICPA medical
treatment to the remaining surplus until it is absorbed. In addition to this reduction of
ongoing EEOICPA medical benefits, OWCP will not be the first payer for any medical
expenses that are the responsibility of another party (who will instead be the first payer)
as part of a final judgment or settlement in litigation seeking damages.
(3) The above reduction of EEOICPA benefits will not occur if an EEOICPA claimant
had his or her award under section 5 of RECA reduced by the full amount of the payment
made pursuant to a final judgment or settlement in litigation seeking damages. It will
also not occur if an EEOICPA claimant’s prior payment of EEOICPA benefits, or his or
her workers’ compensation benefits, were offset to reflect the full amount of the payment
made pursuant to a final judgment or settlement in litigation seeking damages. However,
if the prior reduction or offset of the above benefits did not reflect the full amount of the
payment made pursuant to a final judgment or settlement in litigation seeking damages,
OWCP will reduce currently payable EEOICPA benefits by the amount of any surplus
final judgment or settlement payment that remains.
(c) Except as provided in § 30.506(b) of these regulations, when OWCP has verified
the identity of every claimant who is entitled to the compensation payment, or to a share
of the compensation payment, and has determined the correct amount of the payment or
the share of the payment, OWCP shall notify every claimant, every duly appointed
guardian or conservator of a claimant, or every person with power of attorney for a
claimant, and require such person or persons to complete a Form EN-20 providing
payment information. Such form shall be signed and returned to OWCP within sixty
days of the date of the form or within such greater period as may be allowed by OWCP.
Failure to sign and return the form within the required time may be deemed to be a
rejection of the payment. If the claimant dies before the payment is received, the person
who receives the payment shall return it to OWCP for redetermination of the correct
disbursement of the payment. No payment shall be made until OWCP has made a
determination concerning the survivors related to a respective claim for benefits.
(d) The total amount of compensation (other than medical benefits) under Part E that
can be paid to all claimants as a result of the exposure of a covered Part E employee shall
not be more than $250,000 in any circumstances.
*******

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§ 30.620 How will OWCP ascertain whether a claimant filed this type of tort suit
and if he or she has been disqualified from receiving any benefits under Part B of
EEOICPA?
Prior to authorizing payment on a claim under Part B of EEOICPA, OWCP will
require each claimant to execute and provide an affidavit stating if he or she filed a tort
suit (other than an administrative or judicial proceeding for workers’ compensation)
against either a beryllium vendor or an atomic weapons employer that included a claim
arising out of a covered Part B employee’s employment-related exposure to beryllium or
radiation, and if so, the current status of such tort suit. OWCP may also require the
submission of any supporting evidence necessary to confirm the particulars of any
affidavit provided under this section.
*******
§ 30.806 May a claimant submit factual evidence in support of a different
determination of average annual wage and/or wage-loss than that found by OWCP?
A claimant who disagrees with the evidence OWCP has obtained under § 30.805(a)
and alleges a different average annual wage for the covered Part E employee, or that there
was a greater duration or extent of wage-loss, may submit records that were produced in
the ordinary course of business due to the employee’s employment to rebut that evidence,
to the extent that such records are determined to be authentic by OWCP by a
preponderance of the evidence. The average annual wage and/or wage-loss of the
covered Part E employee will then be determined by OWCP in the exercise of its
discretion.
*******
§ 30.905 How may an impairment evaluation be obtained?
(a) Except as provided in paragraph (b) of this section, OWCP may request that an
employee undergo an evaluation of his or her permanent impairment that specifies the
percentage points that are the result of the employee’s covered illness or illnesses. To be
of any probative value, such evaluation must be performed by a physician who meets the
criteria OWCP has identified for physicians performing impairment evaluations for the
pertinent covered illness or illnesses in accordance with the AMA’s Guides.
(b) In lieu of submitting an evaluation requested by OWCP under paragraph (a) of this
section, an employee may obtain an impairment evaluation at his own initiative and
submit it to OWCP for consideration. Such an evaluation will be deemed to have
sufficient probative value to be considered in the adjudication of impairment benefits by
OWCP only if:
(1) The evaluation was performed by a physician who meets the criteria identified by
OWCP for the covered illness or illnesses in question;
(2) The evaluation was performed no more than one year before the date that it was
received by OWCP; and
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(3) The evaluation conforms to all applicable requirements set out in this part.
*******
§ 30.907 Can an impairment evaluation obtained by OWCP be challenged prior to
issuance of the recommended decision?
(a) An employee may submit arguments challenging an impairment evaluation, and/or
additional medical evidence of impairment, before the district office issues a
recommended decision on his or her claim. However, the district office will not consider
an additional impairment evaluation, even if it differs from the impairment evaluation
obtained under §§ 30.905 or 30.906, if it does not meet the criteria listed in §
30.905(b)(1), (2) and (3).
(b) If the district office obtains an additional impairment evaluation that differs from
the impairment evaluation obtained under §§ 30.905 or 30.906, the district office will
base its recommended determinations regarding impairment upon the evidence it
considers to have the greatest probative value, after evaluating all relevant evidence of
impairment in the record, including evidence from directed impairment evaluations and
referee impairment evaluations, if any, that it deems necessary pursuant to §§ 30.410 and
30.411 of this part.
*******
42 U.S.C. § 7385s-11(c).
(c) INFORMATION.—Notwithstanding any other provision of law, each State workers’
compensation authority shall, upon request of the Secretary, provide to the Secretary on a
quarterly basis information concerning workers’ compensation benefits received by any
covered DOE contractor employee entitled to compensation or benefits under this part,
which shall include the name, Social Security number, and nature and amount of
workers’ compensation benefits for each such employee for which the request was made.

19