U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION
OFFICE OF WORKERS' COMPENSATION PROGRAMS
DIVISION OF ENERGY EMPLOYEES OCCUPATIONAL
   ILLNESS COMPENSATION
FINAL ADJUDICATION BRANCH



EMPLOYEE:

[Name Deleted]

CLAIMANT:

[Name Deleted]

FILE NUMBER:

[Number Deleted]

DOCKET NUMBER:

10037246-2005

DECISION DATE:

November 2, 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 survivor benefits for your father’s lung cancer under § 7385s of the Act is hereby denied. 

 

STATEMENT OF THE CASE

 

On January 23, 2002, you filed Form EE-2, Claim for Survivor Benefits under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA or the Act), under § 7384u of the EEOICPA.  You stated your father, the employee, a uranium worker, was born on November 30, 1904 and died on October 10, 1972.  You stated that you had applied for an award under the Radiation Exposure Compensation Act. 

 

On March 4, 2002, the Department of Justice verified that you had filed as the eligible surviving beneficiary of the employee and had been approved for an award for $100,000.00 under section 5 of the Radiation Exposure Compensation Act on December 12, 1994 for the medical condition of lung cancer.

 

On August 7, 2002, a Final Decision was issued awarding you monetary benefits in the amount of $50,000.00 under §7384u(e).

 

On June 28, 2005, you filed a claim for benefits under § 7385s of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA or the Act.  You were sent a letter asking whether you were under the age of 18 at the time of the employee’s death; whether you were a full time student under the age of 23 at the time of the employee’s death or regardless of age, whether you were incapable of self support at the time of the employee’s death.  This letter also requested that you provide a copy of your birth certificate, a copy of the adoption decree, a copy of the death certificate.  You were asked to answer the above questions and submit the requested documents within 30 days of the date of the request.

 

  On August 25, 2005, the district office received your signed statement which indicated that you were not under the age of 18 at the employee’s death; you were not a full time student under the age of 23 at the time of the employee’s death nor were you incapable of self support at the time of the employee’s death.  You did not submit your birth certificate, adoption decree, marriage certificate or the employee’s death certificate.

 

On August 29, 2005, the Denver district office issued a recommended decision finding that you are the surviving beneficiary of the covered employee but that you were not eligible to receive compensation.  The case was forwarded to the Final Adjudication Branch for review.

 

Pursuant to the regulations implementing the EEOICPA, a claimant has 60 days from the date of issuance of the recommended decision to raise objections to that decision to the Final Adjudication Branch.  20 C.F.R § 30.310(a).  If an objection is not raised during the 60-day period, the Final Adjudication Branch will consider any and all objections to the recommended decision waived and issue a final decision affirming the district office’s recommended decision.  20 C.F.R. § 30.316(a).  

 

On October 6, 2005, the Final Adjudication Branch received your written notification waiving any and all objections to the recommended decision.

 

After considering the record of the claim forwarded by the district office, the Final Adjudication Branch makes the following findings:

 

FINDINGS OF FACT

 

1.      On June 28, 2005, you filed for survivor benefits under § 7385s of the Act.

 

2.      On March 4, 2002, the Department of Justice verified that you had filed as the eligible surviving RECA beneficiary of the employee and had been approved for an award under section 5 of the Radiation Exposure Compensation Act on December 12, 1994 for your father’s medical condition of lung cancer.

 

3.      On August 7, 2002, a Final Decision was issued awarding you monetary benefits in the amount $50,000.00.

 

4.      The Department of Justice verified that you were the eligible surviving beneficiary of the employee and had been approved for an award under section 5 of the Radiation Exposure Compensation Act for lung cancer.

 

5.      You did not submit the employee’s death certificate or your birth certificate, adoption decree or marriage certificate.

 

6.      You submitted your signed statement that you were not under the age of 18 at the time of the employee’s death, you were not a full time student under the age of 23 at the time of the employee’s death nor were you medically incapable of self support at the time of the employee’s death.

 

Based on the above noted findings of fact in this claim, the Final Adjudication Branch hereby also makes the following:

 

CONCLUSIONS OF LAW

 

1.      The Final Adjudication Branch hereby finds the employee was a section 5 uranium worker  pursuant to 42 U.S.C. § 7385s-5(c) and contracted a covered illness through exposure to a toxic substance at a section 5 mine or mill.

 

2.      You are a section 5 payment recipient pursuant to 42 U.S.C. § 7385s-5(b). 

 

3.      You have not established you are the eligible surviving beneficiary pursuant to § 7385s-3(d) of the Act.

 

4.   You are not entitled to monetary benefits for the employee’s lung cancer pursuant to § 7385s of the Act. 

 

Denver, Colorado

 

 

 

Joyce L. Terry

District Manager