Rocky Flats Joint Outreach Task Group Town Hall Meeting

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Slides from the February 2014 Rocky Flats Joint Outreach Task Group Town Hall Meeting

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Rocky Flats Joint Outreach Task Group Town Hall Meeting

  1. 1. 1 Administrative Issues • Emergency Exits • Rest Rooms • Photos • Cell Phones
  2. 2. Energy Employees OccupationalEnergy Employees Occupational Illness Compensation ProgramIllness Compensation Program Town Hall MeetingTown Hall Meeting Rocky Flats Plant Denver, ColoradoDenver, Colorado February 19, 2014February 19, 2014
  3. 3. 3 Administration of the EEOICPAAdministration of the EEOICPA  Part BPart B (October 2000)(October 2000)  Part EPart 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 Services (HHS)Department of Health and Human Services (HHS)  Department of Justice (DOJ)Department of Justice (DOJ)
  4. 4. 4 Part B: Who’s Eligible?Part B: Who’s Eligible?  Covered EmployeesCovered Employees  DOE employees or itsDOE employees or its contractors/subcontractorscontractors/subcontractors  Atomic Weapons EmployersAtomic Weapons Employers (AWE)(AWE)  Eligible SurvivorsEligible Survivors  Surviving spouseSurviving spouse  Children – Regardless of ageChildren – Regardless of age  ParentsParents  Beryllium vendors (BV)Beryllium vendors (BV)  RECA Section 5 awardeesRECA Section 5 awardees  GrandchildrenGrandchildren  GrandparentsGrandparents
  5. 5. 5 Part B: Covered ConditionsPart B: Covered Conditions  Radiation induced cancerRadiation induced cancer  Special Exposure CohortSpecial Exposure Cohort  Probability of CausationProbability of Causation  Beryllium DiseaseBeryllium Disease  Silicosis (for miners in Nevada andSilicosis (for miners in Nevada and Alaska)Alaska)  ““Supplement” for RECA Section 5Supplement” for RECA Section 5 uranium workersuranium workers
  6. 6. 66 Means of Verifying EmploymentMeans of Verifying Employment  DOEDOE  EE-5 Employment Verification FormEE-5 Employment Verification Form  Oak Ridge Institute for Science and EducationOak Ridge Institute for Science and Education (ORISE)(ORISE)  The Center for Construction Research andThe Center for Construction Research and Training (CPWR)Training (CPWR)  Corporate VerifiersCorporate Verifiers  SSA wage dataSSA wage data  Other SourcesOther Sources  Including affidavits and records or documents createdIncluding affidavits and records or documents created by state and federal agenciesby state and federal agencies
  7. 7. 7 Part B: Radiation Induced CancerPart B: Radiation Induced Cancer CausationCausation  Dose ReconstructionDose Reconstruction  Conducted by NIOSHConducted by NIOSH  Level and extent of occupational radiation doseLevel and extent of occupational radiation dose  Probability of Causation (PoC)Probability of Causation (PoC)  Scientific calculation of likelihood that radiationScientific calculation of likelihood that radiation exposure caused cancerexposure caused cancer  NIOSH-IREPNIOSH-IREP  PoC - 50% or greater for awardPoC - 50% or greater for award
  8. 8. 8 Part B: Special Exposure CohortPart B: Special Exposure Cohort  Causation presumed for Special Exposure CohortCausation presumed for Special Exposure Cohort (SEC) members diagnosed with a “specified(SEC) members diagnosed with a “specified cancer”cancer”  NIOSH Dose Reconstruction is not neededNIOSH Dose Reconstruction is not needed  ““Specified” CancerSpecified” Cancer  22 cancers22 cancers named in lawnamed in law
  9. 9. 9 Part B: Adding New SEC ClassesPart B: Adding New SEC Classes  NIOSH designates new SEC classesNIOSH designates new SEC classes  Worker Petition or Agency DecisionWorker Petition or Agency Decision  Advisory Board AssistanceAdvisory Board Assistance  4 statutory SEC classes (3 GDPs + Amchitka)4 statutory SEC classes (3 GDPs + Amchitka)  As of February 6, 2014, HHS has designated 107As of February 6, 2014, HHS has designated 107 additional SEC classesadditional SEC classes  DOL administers SEC casesDOL administers SEC cases  No role in designationNo role in designation
  10. 10. 10 RFP SEC CLASSES:RFP SEC CLASSES:  There are 3 RFP SEC ClassesThere are 3 RFP SEC Classes  First 2 SEC Classes – Both effective September 5, 2007First 2 SEC Classes – Both effective September 5, 2007  Qualifying Employment:Qualifying Employment:  DOE employees, (or employees of predecessor agency – AEC)DOE employees, (or employees of predecessor agency – AEC)  DOE contractors and subcontractorsDOE contractors and subcontractors  Were monitored or should have been monitored for neutronWere monitored or should have been monitored for neutron exposuresexposures  Worked at RFP in Golden, ColoradoWorked at RFP in Golden, Colorado  250 workdays from April 1, 1952 through December 31,250 workdays from April 1, 1952 through December 31, 1958 and/or January 1, 1959 through December 31, 19661958 and/or January 1, 1959 through December 31, 1966
  11. 11. 11 NEW RFP SEC CLASS:NEW RFP SEC CLASS:  SEC Class – Effective January 11, 2014SEC Class – Effective January 11, 2014  This SEC class subsumes all earlier SEC classesThis SEC class subsumes all earlier SEC classes  Qualifying Employment:Qualifying Employment:  DOE employees, (or employees of predecessor agency – AEC)DOE employees, (or employees of predecessor agency – AEC)  DOE contractors and subcontractorsDOE contractors and subcontractors  Worked at RFP in Golden, ColoradoWorked at RFP in Golden, Colorado  250 workdays from April 1, 1952 through December 31, 1983250 workdays from April 1, 1952 through December 31, 1983
  12. 12. 1212 RFP SEC Claim ReviewRFP SEC Claim Review  Claims reviewed for SEC inclusion:Claims reviewed for SEC inclusion:  Pending dose reconstruction at time of SEC classPending dose reconstruction at time of SEC class  Previously denied for POC <50%Previously denied for POC <50%  Potentially affected cases identified – tracked toPotentially affected cases identified – tracked to resolutionresolution  Of the 302 denied claims potentially affected byOf the 302 denied claims potentially affected by the new SEC class, 249 have been screened asthe new SEC class, 249 have been screened as of February 11, 2014of February 11, 2014  Goals for each new SEC class to prioritize SECGoals for each new SEC class to prioritize SEC acceptanceacceptance
  13. 13. 13 Part E: Who’s Eligible?Part E: Who’s Eligible?  Eligible Covered EmployeesEligible Covered Employees  DOE contractor or subcontractor employeesDOE contractor or subcontractor employees  Does NOT include DOE, AWE, and BV workersDoes NOT include DOE, AWE, and BV workers  Eligible SurvivorsEligible Survivors  Surviving SpouseSurviving Spouse  Employee’s Children, if no surviving spouse, and if at the time of theEmployee’s Children, if no surviving spouse, and if at the time of the employee’s death the child was:employee’s death the child was:  Under the age of 18Under the age of 18  Under the age of 23 and a full-time student, continuously enrolled in anUnder the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18educational institution since age 18  Any age if medically incapable of self supportAny age if medically incapable of self support  Employee’s cause of death must be related to covered conditionEmployee’s cause of death must be related to covered condition
  14. 14. 14 Part E: Illness from Toxic ExposurePart E: Illness from Toxic Exposure  All conditions (not symptoms of conditions) areAll conditions (not symptoms of conditions) are coveredcovered  Must show that toxic exposure at a covered DOEMust show that toxic exposure at a covered DOE facility was a significant factor infacility was a significant factor in  Causing, Contributing to, or Aggravating the claimedCausing, Contributing to, or Aggravating the claimed conditioncondition  DOL will assist with verifying Part E toxic exposureDOL will assist with verifying Part E toxic exposure  Claimant bears overall burden of proving his or her claimClaimant bears overall burden of proving his or her claim
  15. 15. 15 Part E: Means of VerifyingPart E: Means of Verifying Toxic ExposureToxic Exposure  DOL Resource CentersDOL Resource Centers  Occupational History Questionnaires (OHQ)Occupational History Questionnaires (OHQ)  Site Exposure Matrices (SEM)Site Exposure Matrices (SEM)  Identifies toxic substances related to laborIdentifies toxic substances related to labor categories, processes, buildings, and majorcategories, processes, buildings, and major incidentsincidents  Website available atWebsite available at www.sem.dol.govwww.sem.dol.gov  DOE Document Acquisition Request (DAR)DOE Document Acquisition Request (DAR)  Claimant RecordsClaimant Records
  16. 16. 16 Part E: Employee ImpairmentPart E: Employee Impairment  Determination of % permanent whole personDetermination of % permanent whole person impairment due to covered illnessimpairment due to covered illness  AMA’s Guides to the Evaluation of PermanentAMA’s Guides to the Evaluation of Permanent Impairment, 5Impairment, 5thth EditionEdition  $2,500 awarded for each % of impairment$2,500 awarded for each % of impairment
  17. 17. 17 Part E: Employee Wage LossPart E: Employee Wage Loss  Medical evidence must show decreasedMedical evidence must show decreased capacity to workcapacity to work  Employee Compensation:Employee Compensation:  Any year <50% of the pre-disability annual wage =Any year <50% of the pre-disability annual wage = $15,000 compensation$15,000 compensation  Any year > 50% but <75% of the pre-disabilityAny year > 50% but <75% of the pre-disability annual wage = $10,000 compensationannual wage = $10,000 compensation
  18. 18. 1818 BenefitsBenefits Part BPart B Part EPart E $150,000 Employee +$150,000 Employee + SurvivorSurvivor Impairment $2,500 per %Impairment $2,500 per % (Employee)(Employee) $50,000 RECA Employee$50,000 RECA Employee + Survivor+ Survivor Wage Loss $10,000 -Wage Loss $10,000 - $15,000 per year$15,000 per year (Employee)(Employee) $125,000 Survivor$125,000 Survivor (+ lump-sum Wage Loss if(+ lump-sum Wage Loss if eligible)eligible) $400,000 CAP for B+E combined$400,000 CAP for B+E combined
  19. 19. 19 Decision ProcessDecision Process  Recommended Decision – District OfficeRecommended Decision – District Office  Preliminary determinationPreliminary determination  Cover letter, decision, and rights to object (oralCover letter, decision, and rights to object (oral hearing/review of written record)hearing/review of written record)  Final Decision – Final Adjudication BranchFinal Decision – Final Adjudication Branch (FAB)(FAB)  Affirmation of recommended decision or remandAffirmation of recommended decision or remand based on objection/independent reviewbased on objection/independent review  Claimant Rights – Reconsideration & ReopeningClaimant Rights – Reconsideration & Reopening
  20. 20. 20 Claimant ResponsibilitiesClaimant Responsibilities  File ClaimFile Claim  Collect/Copy/Submit relevant recordsCollect/Copy/Submit relevant records  Respond to information requestsRespond to information requests  Talk to co-workers – get affidavitsTalk to co-workers – get affidavits  Seek assistance if you need help – callSeek assistance if you need help – call Resource CenterResource Center  Review decision and information for appealReview decision and information for appeal
  21. 21. 21 Claimant ResourcesClaimant Resources  Resource Centers – 11 locationsResource Centers – 11 locations  Denver Resource Center toll free number: (866) 540-4977Denver Resource Center toll free number: (866) 540-4977  District Offices – 4 locationsDistrict Offices – 4 locations  Denver District Office toll free number: (888) 805-3389Denver District Office toll free number: (888) 805-3389  DEEOIC web siteDEEOIC web site  http://www.dol.gov/owcp/energy/http://www.dol.gov/owcp/energy/  General program informationGeneral program information  SEM websiteSEM website  FormsForms  Sample decisionsSample decisions
  22. 22. 22 EEOICPA CompensationEEOICPA Compensation  $10.1 Billion Total$10.1 Billion Total CompensationCompensation  $5.25 Billion Part B$5.25 Billion Part B  $3.14 Billion Part E$3.14 Billion Part E  $1.78 Billion Medical$1.78 Billion Medical Data as of February 9, 2014 PART E 32% MEDICAL 15% PART B 53%
  23. 23. 23 Rocky Flats Plant CompensationRocky Flats Plant Compensation  $304.3 Million Total$304.3 Million Total CompensationCompensation  $157.5 Million Part B$157.5 Million Part B  $106.2 Million Part E$106.2 Million Part E  $40.6 Million Medical$40.6 Million Medical Data as of February 9, 2014 Part E 35% Medical 13% PART B 52%
  24. 24. 24 District Office Jurisdictional MapDistrict Office Jurisdictional Map
  25. 25. 25
  26. 26. Questions?Questions?

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