|U.S. DEPARTMENT OF LABOR||EMPLOYMENT STANDARDS ADMINISTRATION
OFFICE OF WORKERS' COMPENSATION PROGRAMS
DIVISION OF ENERGY EMPLOYEES OCCUPATIONAL
FINAL ADJUDICATION BRANCH
EMPLOYEE: [Name Deleted]
CLAIMANT: [Name Deleted]
FILE NUMBER: [Number Deleted]
DOCKET NUMBER: 10000216-2005
DECISION DATE: March 4, 2005
NOTICE OF FINAL DECISION
This decision of the Final Adjudication Branch (FAB) concerns your claim for compensation under the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended, 42 U.S.C. § 7384 et seq. (EEOICPA). Your claim for medical benefits under Part E of the Act is hereby accepted.
On February 24, 2005, the Jacksonville district office issued a recommended decision finding that you are a covered employee and were employed at a Department of Energy (DOE) facility by a DOE contractor in accordance with 42 U.S.C. § 7385s(1); and that you are entitled to medical benefits in accordance with 42 U.S.C. § 7385s-8 for the condition of lung scarring related to asbestosis. Consequently, the district office concluded that you are entitled to medical benefits in accordance with 42 U.S.C. § 7385s-4(b). On March 3, 2005, the Final Adjudication Branch received your written notification that you waive any and all objections to the recommended decision.
The evidence of record establishes that your application meets the statutory criteria for compensability for medical benefits as defined in Part E of the EEOICPA. In this instance, the evidence confirms that you had covered employment with Union Carbide Corporation and Martin Marietta Energy Systems in Oak Ridge, Tennessee at the Y-12 plant from July 13, 1970 to March 30, 1975; at the K-25 gaseous diffusion plant from March 31, 1975 to July 31, 1982; and at the Y-12 plant from August 1, 1982 to September 15, 1994, and supports a causal connection between your condition and your work-related exposure to a toxic substance at a DOE facility. Specifically, the evidence of record establishes that a Physicians Panel review under former Part D of the EEOICPA has been completed, and that the Secretary of Energy accepted the Panel’s affirmative determination of your covered illness at a DOE facility. This evidence establishes your entitlement to medical benefits under Part E of the EEOICPA.
The Final Adjudication Branch hereby finds that [Employee] is a covered employee as defined in 42 U.S.C. § 7385s(1), and contracted lung scarring related to asbestosis due to work-related exposure to a toxic substance at a DOE facility. Therefore, the Final Adjudication Branch hereby concludes that you are entitled to medical benefits effective November 8, 2001 under Part E of the EEOICPA for lung scarring related to asbestosis. Adjudication of your potential entitlement to additional compensation (based on wage loss and/or impairment) is deferred until after the effective date of the Interim Final Regulations.
Sidne M. Valdivieso