EEOICPA BULLETIN NO.02-06
Issue
Date:
____________________________________________________________
Effective
Date:
____________________________________________________________
Expiration
Date:
____________________________________________________________
Subject: Expanding covered time frames for
atomic weapon employers and beryllium vendors.
Background:
The Division of Energy Employees Occupational Illness Compensation
(DEEOIC) has received numerous claims where the period of alleged employment
falls completely outside of the covered time frame, as shown on the Department
of Energy (DOE) web site, for a designated atomic weapon employer (AWE) or
Beryllium (Be) vendor. Neither the
statute nor the regulations address how a Claims Examiner (CE) is to handle
such a situation. Accordingly,
procedures are required for determining whether an expansion of the covered
time frames for designated AWEs or Be
vendors is warranted.
While the
responsibility for designating AWE or Be vendor sites
rests with the DOE, the DEEOIC is responsible for establishing the covered time
frames for each designated employer. Deciding covered time frames relies on the
presence of probative evidence substantiating a connection between the DOE and
an entity that either supplied beryllium for use by the DOE or processed
radioactive material for use in the production of an atomic weapon.
The
procedures outlined in this bulletin describe how a claimant is to be granted
the opportunity to expand the covered time frame for designated AWE and BE
vendor facilities. The DEEOIC will
review any additional documentation submitted by a claimant in order to
determine if it is of sufficient probative value to warrant the expansion of
the covered time frame for a designated AWE or Be
vendor. This will ensure any decision
issued is based on all available documentation.
Reference: 42 USC 7384l (3)-(6)
Purpose:
To notify the District Offices of the procedures for handling a claim
where the claimed period of employment falls outside of the established time
frame for a designated AWE or Be vendor.
Applicability:
All Staff
Actions:
1. The CE
must identify each period of claimed employment for a designated AWE or Be vendor. To determine employer designation, the CE should
cross-reference claimed employers against the list of designated AWEs or Be vendors in the Federal
Register or provided by the DOE on their covered facilities web site.
2. Once the
CE identifies claimed employment at a designated AWE or Be Vendor facility,
action should be taken to verify employment.
The evidence of file must show employment occurred as alleged. The CE
should follow the normal routine for verifying employment as discussed in the
DEEOIC procedure manual and prior program bulletins. If, after appropriate
development, there is insufficient evidence to verify employment, the CE should
not accept the claimed period of employment as factual.
3. If the CE
verifies employment at a designated AWE or Be vendor
facility, the dates should be compared against the recognized covered time
frame for the employer. The CE should
initially consult the DOE sponsored facilities web page to determine whether
the period of verified employment falls within the covered time frame. The dates provided on the web site are
considered sufficiently reliable in deciding whether employment occurred at an AWE or BE vendor during a covered time frame. However, the CE must be aware that any
challenge to the listed dates by the claimant or in any instance where the
information provided on the web site is unclear or speculative,
the National Office is responsible for clarification. If there is a dispute or
some other discrepancy over the dates of coverage listed on the DOE sponsored
facilities web page, the CE should contact the National Office for
guidance.
4. If the
claimed period of employment has been verified, but is completely outside of
the covered time frame listed on the DOE web site or established upon
consultation with the National Office, the CE should prepare a letter for the
claimant. The letter must explain the
deficiency concerning the claimed dates of employment. The CE must describe the requirement that
employment at a designated AWE or Be vendor must be
established during a covered time frame.
A description of what constitutes an AWE or Be
vendor should be provided along with the existing dates of coverage for the
named facility. The claimant should also
be asked to supply any pertinent evidence substantiating that the named AWE or Be vendor time frames should be expanded. Pertinent evidence includes any documentation
supporting that the employee was present when the facility contracted with the
DOE to provide services related either to processing beryllium for the U.S.
Government or radioactive materials for use in atomic weapons. For example, the
claimant can be asked to submit evidence such as contractual documents,
business reports, internal memos, purchase orders, news articles, affidavits,
etc. A period of 30 days can be granted
to the claimant to submit evidence in support of the claim. At the discretion of the CE, extensions may
be granted up to a maximum of 60 days.
5. After appropriate development, the CE must
decide whether any evidence submitted warrants a referral to the National
Office. If the claimant has submitted pertinent evidence in regard to expanding
the covered time frame for the named facility, the CE will prepare a brief memo
to file explaining the circumstances of the situation and request a review of
the case file by the National Office. The memo should request the NO to make a
determination regarding the expansion of the dates of AWE or Be vendor
designation. The memo along with the entire case file should be transferred to
the National Office. If the claimant is
unable to provide additional information or provides documentation that is not
pertinent to the covered time frame, the CE will proceed with a finding that
verified employment could not be established during a covered time frame for
the facility. It should be noted that
mere exposure to residual radiation subsequent to a period of AWE designation
is not sufficient to warrant a referral to the National Office. The employee
must demonstrate employment during a period of time that the facility was
actively engaged in activities related to processing radioactive materials to
be used in U.S. atomic weapons.
6. When the claim is received by National
Office, a review of the new evidence will be conducted to determine if it
warrants expansion of the covered dates of AWE or Be vendor designation. The National Office will obtain copies of all
pertinent documentation concerning the claimed AWE or Be Vendor from DOE. Any new evidence submitted by the claimant
will be reviewed in conjunction with the DOE documentation to determine if
sufficient evidence exists to expand the covered time frame for the facility.
Once the National Office has completed its evaluation, a memo will be prepared
describing the findings. The memo will reference specific documentation, or
lack thereof, substantiating the determination.
The memo will be spindled into the case file along with relevant
evidence establishing the covered time frame.
Copies of all documentation from the Department of Energy and the
claimant will be maintained in a centralized file location at the National
Office.
7. The case file will be returned to the
District Office. Once the case has been
received, the CE will proceed to develop any outstanding items and issue a
recommended decision. For the
recommended decision, the CE should summarize the findings from the NO
employment time frames memo in the statement of the case section of the
decision. The CE can advise the claimant
that the memo and other employment records are available for review if
requested in writing to the district office.
A copy of the NO memo and the pertinent documentation supporting the
covered time frames will not be attached to the recommended decision.
Disposition:
Retain until incorporated in the Federal (EEOICPA) Procedure Manual.
Peter M.
Turcic
Director,
Division of
Energy
Employees Occupational Illness Compensation
Distribution
List No. 1: Claims Examiners, Supervisory Claims Examiners, Technical
Assistants, Customer Service Representatives, Fiscal Officers, FAB District
Managers, Operation Chiefs, Hearing Representatives, District Office Mail &
File Sections