EEOICPA OFFICE OF THE OMBUDSMAN

Presentation on EEOICPA Compensation as it relates to Uranium Mining

October 20, 2016Arizona

Today’s Agenda

1. Radiation Exposure Compensation Act

2. Discussion of the Energy Employees Occupational Illness Compensation Program Act (including the interaction between the EEOICPA and the Radiation Exposure Compensation Act)

a. Part B b. Part E

3. Role of the Office of the Ombudsman

Radiation Exposure Compensation Act• Passed on October 5, 1990• Administered by the Department of Justice• Established lump sum compensation for eligible individuals who

contracted specified diseases as follows:a) Section 4 Claimants

a) “Onsite participants” at atmospheric nuclear weapons tests –$75,000; and

b) (“Downwinders") - individuals who lived downwind of the Nevada Test Site – $50,000;

b) Section 5 Claimantsa) Uranium miners, millers, and ore transporters – $100,000Section 5 claimants may be eligible for additional benefits from the Department of Labor under the EEOICPA.

DOJ RECA RequirementsUranium miners, millers, and ore transporters

¨ Exposure Requirements

1. Employed in in uranium mines, uranium mills, or ore transporting operations

2. located in a covered state3. between January 1, 1942, and December 31, 1971; and4. Employed as a miner, miller, or ore transporter for at least one year

during the statutory exposure period.

DOJ RECA Requirements Cont’d

Covered StatesWashington Idaho

North Dakota Oregon

Wyoming South Dakota

Utah Colorado

Arizona New Mexico

Texas

Energy Employees Occupational Illness Compensation Program ActHistory:

n October 2000 – Congress enacted EEOICPAØ Part B administered by Department of LaborØ Part D administered by Department of Energy

n October 2004 - Congress repealed Part D and established Part E.Ø Part E administered by the Department of Labor

Agencies Involved

• Department of Labor • Administers the EEOICPA

• Department of Justice• Administers RECA

• Department of Energy• Provides Information and Research

• Department of Health & Human Services• Provides Scientific and Technical Expertise

Part B Overview

General Part B Eligibility Employee Eligibility:– DOE Employee– DOE Contractor or

Subcontractor– Beryllium Vendor

Employee– Atomic Weapons

Employee – Approved RECA

Section 5 claimants

Survivor Eligibility:– Eligible Spouse– Children– Parents– Grandchildren– Grandparents

Individuals covered under Part B:

Approved RECA Section 5 Claimant• Part B award dependent on a DOJ award

under Section 5 ($100,000).• Eligible for DEEOIC award once DEEOIC

issues the award.• Actual receipt of payment is not required.

General Part B EligibilityIllnesses covered under Part B:

§ Cancers with a 50% or greater probability of causation that the cancer was caused by radiation exposure.

Or§ Special Exposure Cohort (SEC) employment and a diagnosis of

one of 22 specified cancers (Not applicable to Arizona facilities)

§ Chronic beryllium disease (CBD)

§ Chronic silicosis (only for employees who worked during the mining of test tunnels related to an atomic weapon at a DOE facility in Nevada or Alaska)

§ Beryllium sensitivity

Part B - Benefits

§ For any cancer, CBD, and chronic silicosis - $150,000 (lump sum) + medical benefits for the approved illness/condition(s)

§ For Beryllium Sensitivity – only medical monitoring

n For approved Section 5 RECA claims - $50,000 + medical benefits for the approved condition(s)

Part B Uranium Worker Eligibility and Benefits under EEOICPA (Summary)

Under Part B, eligibility for Section 5 Recipients is dependent upon a RECA Section 5 award.

(A) DEEOIC verifies RECA Section 5 award with the DOJ to determine coverage and compensation

(B) Worker with a Section 5 RECA award receives $50,000 and medical benefits for the covered Section 5 RECA illness(es) under Part B of the EEOICPA

(C) Survivors with Section 5 RECA awards receive $50,000 under Part B

(D) Even if awarded compensation under RECA, must file a claim with DOL to be considered for EEOICPA.

Part E Overview

General Part E – Eligibility(Who is covered?)

Employee Eligibility• DOE Contractors• DOE Subcontractors• RECA Section 5

Uranium miners, millers, and ore transporters

Survivor Eligibility• Spouse• Child – who at the time of

the employee’s death was:Ø Under age 18, orØ Under age 23 and enrolled

as a continuous full time student, or

Ø Any age if medically incapable of self support

Part E - Covered Illness

■ What is a Covered Illness?1. Any illness (or death)2. where it is “at least as likely as not”3. that exposure to a toxic substance(s)4. at a covered DOE or Section 5 RECA facility,5. during a covered time period, 6. was a significant factor in aggravating,

contributing to, or causing the employee’s illness (or death).

Part E - Burden of ProofEvidence Required:1. Medical evidence to establish a covered illness. (Proof

of a confirmed medical illness is needed – description of symptoms is not sufficient).

2. Evidence of exposure to a toxic substance while employed at a covered DOE or Section 5 RECA facility.

3. Evidence of an established scientific link associated to a specific toxic substance(s) significant enough to have caused, contributed to, or aggravated the claimed diagnosed illness (or death).

Part E – Employee Benefits(Claims filed by the Worker)

■ Medical benefits for the covered illness(es), including home health care benefits.

■ Impairment compensation for permanent impairment as a result of the accepted covered illness(es). (Must be claimed).

■ Wage loss compensation based upon the years of reduced or lost wages, prior to your normal Social Security retirement age, due to the accepted covered illness(es). (Must be claimed).

v There is a cap of $250,000 on Part E claims. However, no monetary cap on medical benefits.

Part E - Benefits Cont’d

■ Survivors Benefits for Approved Part E claims:

■ Lump sum compensation of $125,000 (plus wage loss if applicable)

■ Wage Loss – Survivors may also be eligible for additional compensation for wage loss if:

Ø The employee accrued between 10 and 19 years of wage loss due to the approved condition. ($25,000)

Ø The employee accrued 20 years or more of wage loss due to the approved condition. ($50,000)

EEOICPA OFFICE OF THE OMBUDSMAN

Background, Description and Duties

OFFICE OF THE OMBUDSMAN

n October 2004 legislation amending the EEOICPA also created the Office of the Ombudsman.

n The Office of the Ombudsman is independent from the offices within the Department of Labor that administer EEOICPA.

n In 2014, the Congress extended the authority of the Office through October 28, 2019.

OFFICE OF THE OMBUDSMANDuties:1. Provide information on the benefits available under the

EEOICPA.2. Make recommendations regarding the location of

resource centers for the acceptance and development of claims – there are currently 11 resource centers.

3. Carry out such other duties as specified by the Secretary of Labor

OFFICE OF THE OMBUDSMANDuties (Cont’d):4. Submit an annual report to Congress detailing:a) The number and types of complaints,

grievances and requests for assistance received during the year, and

b) An assessment of the most common difficulties encountered by claimants during the year.

OFFICE OF THE OMBUDSMAN

Limitations – the Office cannot:1. Rule or make decisions on claims.2. “Make” DEEOIC reverse or change a decision. 3. Take DEEOIC to court.4. Make Congress revise the EEOICPA.5. Lobby Congress.6. Act as an advocate.

OMBUDSMAN ASSISTANCE

When the Office receives complaints, grievances, and requests for assistance:

1. We respond to claimants, attorneys, lay representatives, congressional staff and others.

2. We explain, review and discuss aspects of the EEOICPA claims process.

3. We answer questions and provide other assistance to individuals encountering difficulties with claims pending with DEEOIC.

4. We discuss claimant concerns in our annual report to Congress.

OMBUDSMAN ASSISTANCEOutreach efforts and initiatives include:

1. Sponsoring town hall meetings.2. Participating in DEEOIC sponsored town hall meetings

and traveling resource centers.3. Participating in events sponsored by organizations

involved with the EEOICPA and its claimants.4. Offering opportunities for individuals to speak one-on-

one with Ombudsman staff.5. Coordinating efforts with the Joint Outreach Task

Group (JOTG).6. Coordinating efforts with the Department of Justice.

ARIZONA COVERED FACILITIES3 DOE FACILITIES

+COVERED URANIUM MINES

Arizona Covered FacilitiesOre Buying Station at Globe

Location: GlobeTime Period: July 1955-1957Facility Type: Department of Energy

Facility Description: The ore buying station at Globe purchased uranium ore for the AEC. American Smelting and Refining Company (ASRC) managed and operated the Globe station on behalf of the AEC from July 1955 to January 1956. Lucius Pitkin replaced ASRC as the management and operating contractor for the site in February 1956. Contractors: American Smelting and Refining Company (1955-1956); and Lucius Pitkin, Inc. (1956-1957).

Arizona Covered Facilities

Uranium Mill in Monument Valley

Location: Monument Valley Time Period: DOE (Remediation) May1989-Febraury 1990; September 1992 –May 1994 Facility Type: Department of Energy

Facility Description: This former uranium-ore processing mill operated from 1955 through 1968. This ore processing is covered under the auspices of the Radiation Exposure Compensation Act and is not separately covered under EEOICPA. However, DOE environmental remediation contractors performed environmental remediation under the Uranium Mill Tailings Radiation Control Act (Public Law 95-604) from May1989 to February 1990 and then again from September 1992 through May 1994. DOE and DOE contractor employees who performed this remediation are covered under EEOICPA.

Arizona Covered FacilitiesUranium Mill in Tuba CityLocation: Monument Valley Time Period: DOE (Remediation) January 1985 –February 1986; January 1988 – April 1990 Facility Type: Department of Energy

Facility Description: During its 10 years of operations, this mill processed about 800,000 tons of uranium ore. This ore processing is covered under the auspices of the Radiation Exposure Compensation Act and is not separately covered under EEOICPA. However, DOE environmental remediation contractors performed environmental remediation under the Uranium Mill Tailings Radiation Control Act (Public Law 95-604) at this former uranium ore processing mill from January 1985 –February 1986 and again from January 1988 – April 1990. DOE and DOE contractor employees who performed this remediation are covered under EEOICPA.

Compensation Paid

32

EEOICPA Compensation

n $12.2 Billion Total Compensation

n $5.88 Billion Part B

n $3.66 Billion Part E

n $2.66 Billion Medical

Data as of February 15, 2016

PART E30%

MEDICAL22%

PART B48%

33

EEOICPA RECA Compensation

$999 Million Total Compensation

$392 Million Part B

$607 Million Part E

Data as of August 31, 2016

34

Arizona Compensation2,813 Workers have filed claims

$324.7 Million Total Compensation

$114.1 Million Part B

$90.8 Million Part E

$119.7 Million Medical

Data as of October 10, 2016

35

Arizona Comp. - RECA OnlyJanuary 2016 Thru August 2016

$29,807,291 Total Compensation

$4,188,333 Part B

$25,618,958 Part E

Data as of October 10, 2016

Arizona Compensation byWorksite1. Ore Buying Station @ Globe

$1,074,580 Total Compensation paid

$200,000 Part B

$375,000 Part E

$499,580 Medical

10 Claims

Data as of October 10, 2016

Arizona Compensation byWorksite2. Uranium Mill in Tuba City

$232,692 Total Compensation paid

$50,000 Part B

$375,000 Part E

$20,192 Medical

4 Individuals filed claimsNo information on Uranium Mill in Monument ValleyData as of October 10, 2016

Arizona Compensation byWorksite3. Brush Beryllium Co.

$2,755,064 Total Compensation paid

$ 2,250,000 Part B

-0- Part E

$505,064 Medical

Current Legislation

Pending Legislation - EEOICPA

H.R. 4304• Would require the Department of Labor to

oversee a study on residual nuclear contamination at SEC facilities owned or operated by contractors for the Department of Energy

Pending Legislation – RECA Section 5S.331/H.R. 994• Increases the RECA award to $150,000 + medical benefits, with

retroactive application.

• Extends benefits to post 1971 uranium workers.

• Creates a new claimant category for core drillers.

• Expands the use of affidavits to substantiate the Act’s criteria.

• Raises the attorney fee cap from 2% to 10%.

• Extends program sunset 19 years.

Resources

Part B and Part E ClaimsThe following DEEOIC Offices can be contacted for assistance.

Las Vegas Resource CenterFlamingo Grand Plaza1050 East Flamingo Road, Suite W-156Las Vegas, NV 89119Telephone: (702) 697-0841Toll Free: (866) 697-0841 E-mail: vegas@dolrc.com

Denver District Office USDOL, DEEOIC300 Fifth AvenueSuite 1050ESeattle, WA 98104-8306Telephone: (206) 373-6750Toll free: (888) 805-3401

ONLINE RESOURCES§ EEOICPA (the Act) -

http://www.dol.gov/owcp/energy/regs/compliance/law/EEOICPAALL.htm

§ Federal (EEOICPA) Regulations -http://www.dol.gov/owcp/energy/regs/compliance/law/FinalRuleInRegister.pdf

§ DEEOIC - http://www.dol.gov/owcp/energy/

§ DEEOIC Procedure Manual – Part 2 http://www.dol.gov/owcp/energy/regs/compliance/PolicyandProcedures/UnifiedProcedureManual.htm§ Chapter 2-500, Chapter 2-700, Chapter 2-900, and Chapter 2-1100

§ DEEOIC Final Bulletins and Final Circulars-http://www.dol.gov/owcp/energy/regs/compliance/PolicyandProcedures/FinalBulletinshtml.htm and http://www.dol.gov/owcp/energy/regs/compliance/PolicyandProcedures/finalcircularshtml.htm§ Bulletin 06-07, Circular 11-01, and Circular 12-05

Ombudsman Contact Information

Mail: U.S. Department of LaborOffice of the Ombudsman, Part E200 Constitution Ave., NW, Room N2454Washington, D.C. 20210

Toll Free: 1-877-662-8363Email: ombudsman@dol.govWebsite: www.dol.gov/eeombd

Questions/Comments