2005 First Annual Report — Office of the Ombudsman
Energy Employees Occupational Illness
Compensation Program, Part E

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Entire Document (PDF — 1,275K)

A Message From The Ombudsman

Executive Summary

General Statutory Provisions

• "Adult Children" Are Not Qualified Survivors
• Qualified Survivor's Death Prior to Award Vitiates Claim
• Many Claimants Will Exceed the $250,000 Cap on Part E Compensation

Regulatory Burdens

• Difficulty Finding Pertinent Exposure and Medical Records
• Concerns Regarding the Use of NIOSH Dose Reconstruction for Part E Claims
• Probability of Causation Requirement is too High

Concerns Regarding General Administration of Part E

• Communications With District Offices are Confusing
• The Processing of Claims Has and Will Take Too Much Time
• Claims Examiners Do Not Always Return Calls
• District Offices Do Not Provide Enough Services

Emerging Trends

Preface

Introduction

1. Legislative History of EEOICPA Prior to Part E
2. Enactment of Part E
3. The Office of the Ombudsman and this Report
4. Summary of Comments Received Regarding General Statutory Provisions of Part E
5. Summary of Comments Received Regarding General Regulatory Provisions of Part E
6. Summary of Comments Received Regarding General Administration of Part E

Assessment of Common Difficulties and Conclusion

Appendix A — Compilation of Comments by Subject/Issue

Appendix B — Program Agency Response