Summary of Amendments to Legislation
- Leukemia (other than chronic lymphocytic leukemia)
- 1. Now covered regardless of date initial exposure; and
- 2. Onset occurred more than 2 years after initial exposure.
- Chronic silicosis
Requirements changed from category 1/1 to category 1/0 pneumoconiosis
- If there is a living spouse (married to employee for at least one year before the death):
- spouse receives entire amount;
- UNLESS there is at least one child of the employee who is a minor at the time of PAYMENT and NOT a natural or adopted child of the spouse – in which case half of the award goes to the spouse and the rest is split between all living minor children of the employee.
- If no spouse, award will be given in the following order:
- Living children of employee
- If none of above, to living parents of employee
- If none of above, to living grandchildren of employee
- If none of above, to living grandparents of employee
- Tort Cases (against Beryllium or AWE employer)
- If filed before 10/30/00 and still pending on the date of the enactment of these amendments, NOT eligible UNLESS claimant dismisses the case before 12/31/03
- If filed between enactment of the original law and enactment of the amendments (10/30/00 and now) NOT eligible UNLESS claimant dismisses tort case BEFORE the latest of the following:
- 30 months after the date the claimant first became aware of possible EEOICP entitlement
- If filed after enactment;
- not entitled if a final court decision has been made.
- If final court decision has NOT been made, only eligible if claimant dismisses court case before the latest of the following: 4/30/03 or 30 months after the date the claimant first became aware of possible EEOICP entitlement.
- Attorneys Fees
- Attorney can charge 2% for initial services provided in connection with initial filing of a claim
- Attorney can charge 10% for services provided in all matters related to objections to a recommended decision
- No limit on what attorney can charge for services provided in relation to EEOICP after the final decision
- NIOSH will carry out a specific study regarding contamination remaining in facilities after such facility discontinued activities relating to the production of nuclear weapons.