U.S. Department of Labor - 2005 First Annual Report - Office of the Ombudsman (EEOMBD)

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

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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

Legislative History of EEOICPA Prior to Part E
Enactment of Part E
The Office of the Ombudsman and this Report
Summary of Comments Received Regarding General Statutory Provisions of Part E
Summary of Comments Received Regarding General Regulatory Provisions of Part E
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