Division of Energy Employees Occupational Illness Compensation (DEEOIC)
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Subcontractors
Below are the head notes for the FAB decisions and orders relating to the topic heading, Subcontractors. The head notes are grouped under the following subheadings: Atomic weapons employers, DOE contractors, and Requirements for eligibility of. To view a particular decision or order in its entirety, click on the hyperlink for that decision or order at the end of the head note.
- Employees of a contractor or a subcontractor of an AWE are not covered under Part B of the EEOICPA, only individuals employed directly by an AWE are covered. EEOICPA Fin. Dec. No. 25833-2004 (Dep’t of Labor, October 20, 2004); EEOICPA Fin. Dec. No. 55211-2004 (Dep’t of Labor, September 16, 2004).
- A “DOE contractor” is an entity engaged in a contractual business arrangement with DOE to provide services, produce materials or manage operations at a beryllium vendor facility or a DOE facility. A “subcontractor” is an entity engaged in a contractual business arrangement with a beryllium vendor or a DOE contractor to provide a service at a beryllium vendor facility or a DOE facility. A “contract” for the purpose of determining whether an entity is a “DOE contractor” is an agreement to perform a service in exchange for compensation, usually memorialized by a memorandum of understanding, a cooperative agreement, an actual written contract, or any form of written or implied agreement. EEOICPA Fin. Dec. No. 34291-2003 (Dep’t of Labor, August 1, 2003).
- In order for the employee of a subcontractor to be determined to have performed a “service” at a covered facility, the individual must have performed work or labor for the benefit of another within the boundaries of a DOE facility or a beryllium vendor facility. The mere delivery of goods alone, including the loading or unloading of goods, is not a “service” performed for the benefit of DOE or a beryllium vendor. Truck driver who merely delivered goods to DOE facility did not perform a “service” for DOE. EEOICPA Fin. Dec. No. 50247-2004 (Dep’t of Labor, September 16, 2004).
- Survivor who submitted a statement indicating that her husband was employed by Illinois Central Railroad as a flagman and conductor was unable to establish covered employment, because the mere delivery and loading or unloading of goods alone is insufficient to establish that a service was performed for the benefit of DOE. EEOICPA Fin. Dec. No. 61192-2005 (Dep’t of Labor, April 5, 2005).
Requirements for eligibility of
- A finding of covered employment can be made upon verification that the employee worked for a subcontractor during a covered time period on the premises of a DOE facility or a beryllium vendor facility. Security clearance documents can provide evidence that a clearance was requested but do not also establish the employee’s presence at the facility. In addition, Social Security records do not assist in demonstrating that the employee worked on-site at the facility. Employee’s security clearance card and Social Security earnings statements were insufficient to establish on-site presence at the facility. EEOICPA Fin. Dec. No. 55317-2004 (Dep’t of Labor, September 21, 2004).
