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:

60958-2005

DECISION DATE:

February 24, 2005

 

NOTICE OF FINAL DECISION

 

This is the decision of the Final Adjudication Branch concerning your claim for compensation under Part B of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended, 42 U.S.C. § 7384 et seq. (EEOICPA or the Act).  For the reasons stated below, your claim for benefits is denied.

 

STATEMENT OF THE CASE

 

On August 25, 2004, you filed a claim for survivor benefits, Form EE-2, under Part B of the EEOICPA, as the employee’s sister, and on the basis that he had heart problems and lung cancer.  Birth and death certificates confirmed that the employee was a widower when he died on August 6, 1998, that his parents pre-deceased him and that you are his sister.  You submitted a pathology report of June 2, 1998, confirming that he had lung cancer.  On the EE-3 Employment History Form, you stated that he worked at the Paducah Gaseous Diffusion Plant, for F.H. McGraw from 1951 to 1954, and again from the mid 1970’s to the mid 1980’s.  Social Security records and an affidavit from his sister-in-law (who was also a co-worker) confirmed that he worked for F.H. McGraw from 1951 to 1954.

 

On September 9, 2004, you were informed of the type of survivors of a deceased employee who may be eligible for benefits under Part B of the EEOICPA.  You were specifically informed that an employee’s sister is not such an eligible survivor. 

 

On December 14, 2004, the district office issued a recommended decision concluding you were not entitled to compensation under Part B of the Act, since you are not an eligible survivor of the employee, as defined in 42 U.S.C. § 7384s(e) of the EEOICPA. 

 

Upon review of the case record, the undersigned makes the following:

 

FINDINGS OF FACT

 

1.  You filed a claim for survivor benefits under Part B of the EEOICPA on August 25, 2004.

 

2.  You are the sister of the employee.

 

3.  He was diagnosed with lung cancer in June 1998 and died on August 6, 1998.

 

Based on these facts, the undersigned makes the following:          

 

CONCLUSIONS OF LAW

 

Section 30.310(a) of the EEOICPA implementing regulations provides that “Within 60 days from the date the recommended decision is issued, the claimant must state, in writing, whether he or she objects to any of the findings of fact and/or conclusions of law contained in such decision…and whether a hearing is desired.”  20 C.F.R. § 30.310(a).  You have not filed any objection to the recommended decision.  I have reviewed the record in this case, and must conclude that no further investigation is warranted.

 

The purpose of the EEOICPA, as stated in its § 7384d(b), is to provide for “compensation of covered employees and, where applicable, survivors of such employees, suffering from illnesses incurred by such employees in the performance of duty for the Department of Energy and certain of its contractors and subcontractors.”  42 U.S.C. § 7384d(b).   In cases in which a covered employee is deceased, § 7384s of Part B of the Act provides that payment may be made “only” to a surviving spouse, children, parents, grandchildren or grandparents, of the covered employee.  42 U.S.C. § 7384s.

 

Since you are the sister of the deceased employee, there is no basis under Part B of the Act to pay compensation benefits to you. 

 

For the foregoing reasons, the undersigned must find that you have not established your claim for compensation under Part B of the EEOICPA and hereby denies your claim.  Adjudication of your Part E claim is deferred until issuance of the Interim Final Regulations.

 

Washington, DC

 

 

Richard Koretz

Hearing Representative