|
Below are the head notes for the final FAB decisions relating to the topic heading, Radiation Exposure Compensation Act. The head notes are grouped under the following subheadings: Compensable illnesses under section 5, Effect of award under section 4, Section 5 claims, and Survivors. In order to view a particular decision in its entirety, click on the hyperlink for that decision at the end of the head note.
|
|
Compensable illnesses under section 5
|
- Claimant who received an award from DOJ under section 5 of RECA is entitled to
additional compensation under Part B of EEOICPA in the amount of $50,000 for
pneumoconiosis, the medical condition for which he received an award under
RECA. EEOICPA Fin. Dec. No. 22218-2003 (Dep’t of Labor, May 8, 2003).
- An individual may not receive compensation or benefits under Part B of EEOICPA for cancer and also receive compensation under RECA, except in one condition: where a claimant has received an award in the amount of $100,000 under section 5 of RECA, the claimant is eligible to receive EEOICPA compensation. EEOICPA Fin. Dec. No. 59390-2005 (Dep’t of Labor, January 21, 2005).
|
|
|
Effect of award under section 4
|
- Three of the deceased employee’s five children rejected their 1/5th shares of a RECA Section 4 award, and the remaining two children accepted their 1/5th shares. The three children who rejected their 1/5th shares of the RECA award then filed for EEOICPA benefits. DEEOIC found that the two children who accepted their 1/5th shares of the RECA Section 4 award for the employee’s cancer were not eligible to share in the award for the same cancer under EEOICPA. However, since awards to surviving children are paid in equal shares to all living children, the three who filed for EEOICPA benefits were each only entitled to 1/5th shares of the EEOICPA award for the employee’s cancer, not 1/3rd shares. EEOICPA Fin. Dec. No. 15686-2007 (Dep’t of Labor, April 23, 2007).
- Individual who filed a claim under RECA and was approved by DOJ to receive an
award in the amount of $75,000 is not precluded from receiving compensation
for cancer under EEOICPA where she stated that she had declined to accept the award and
the statement was confirmed by DOJ. EEOICPA Fin. Dec. No. 30971-2002 (Dep’t of Labor, March 15, 2004); EEOICPA Fin. Dec. No. 47856-2005 (Dep’t of Labor, July 21, 2005).
- Individual accepting award from DOJ under section 4 of RECA for cancer is not also
entitled to EEOICPA benefits for cancer. EEOICPA Fin. Dec. No. 43114-2003 (Dep’t of Labor, September 22, 2003).
|
|
|
Section 5 claims
|
- EEOICPA claim under Part B was not in posture for a decision where claimant’s claim for RECA benefits was pending at the DOJ. EEOICPA benefits can only be paid under Part B if the covered employee or survivor has received an award under section 5 of RECA. The case must be administratively closed and then a new recommended decision issued when a decision has been rendered by DOJ. EEOICPA Fin. Dec. No. 58768-2005 (Dep’t of Labor, January 25, 2005).
|
|
|
Survivors
|
- Where survivors who received a share of a RECA award were still living, DEEOIC could not determine the eligibility of alleged other survivor under § 7384u(e) until all recipients of the RECA award were deceased. Only survivors who received a share of the RECA award were awarded equal shares of the EEOICPA award under § 7384u(a) as “covered uranium employees.” EEOICPA Fin. Dec. No. 63743-2006 (Dep’t of Labor, November 21, 2006).
|
|
| |
|
