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Code of Federal Regulations Pertaining to ESA |
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Employees' Benefits |
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Office of Workers' Compensation Programs, Department of Labor |
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Compensation for Disability and Death of Noncitizen Federal Employees Outside the United States |
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Special Provisions |
20 CFR 30.616 - Can a claimant receive benefits under the EEOICPA if he or she filed a tort suit against either a beryllium vendor or an atomic weapons employer after October 30, 2000?
- Section Number: 30.616
- Section Name: Can a claimant receive benefits under the EEOICPA if he or she filed a tort suit against either a beryllium vendor or an atomic weapons employer after October 30, 2000?
(a) Unless a tort suit filed under paragraphs (b) and (c) of this
section is dismissed prior to the time limitations described in those
subsections, the plaintiff shall not be eligible to receive benefits
under subtitle B of the EEOICPA.
(b) If a claimant files a tort suit against either a beryllium
vendor or an atomic weapons employer after October 30,
2000, such a suit must be filed by the later of:
(1) April 30, 2003; or
(2) 30 months after the date the plaintiff first became aware that
his or her illness may be connected to the exposure covered by subtitle
B of the EEOICPA.
(c) For purposes of this section only, ``the date the plaintiff
first became aware'' will be deemed to be the date he or she received
either a reconstructed dose from the HHS, or a diagnosis of a covered
beryllium illness, as applicable.
(d) If a claimant files a tort suit against either a beryllium
vendor or an atomic weapons employer after the later of the dates
described in paragraphs (b) and (c) of this section, he or she is not
entitled to any benefits under subtitle B of the EEOICPA.
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