EEOICPA BULLETIN NO.03-08

Issue Date: December 16, 2002

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Effective Date: December 16, 2002

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Expiration Date: December 16, 2003

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Subject: Diagnosed cancer and claimed employment at a beryllium vendor.

Background: The Division of Energy Employees Occupational Illness Compensation (DEEOIC) is in receipt of several claims where an individual has claimed cancer as a result of employment at a facility designated solely as a beryllium vendor. This has raised questions concerning the process for making a determination of coverage for these employees.

The definition of a covered employee with cancer includes no provision for coverage of a diagnosed cancer stemming from employment with a beryllium vendor. The language in the EEOICPA limits coverage to an employee with a specified cancer who is a member of the Special Exposure Cohort or an employee with cancer who was employed at a Department of Energy (DOE) facility or atomic weapons employer facility.

Reference: 42 U.S.C. 7384l (9)

Purpose: To provide guidance on handling a claim where the employee has claimed cancer as a result of employment with a beryllium vendor.

Applicability: All staff.

Actions:

1. Upon receipt of a claim for compensation, the CE should review the documentation submitted with the EE-1 or EE-2. Based on this review, the CE should determine whether the claimant has identified cancer as a claimed condition.

2. If a claim for cancer has been made, the CE should review the EE-3 to determine the employer and facility location where employment activities took place. If the claimed employment occurred at a beryllium vendor facility and there is no indication the vendor concurrently served as a DOE facility or atomic weapons employer, a letter for the claimant is to be prepared.

3. The letter should advise the claimant that the claimed condition can not be covered given the facility type. The CE should note that for a beryllium vendor, a covered condition is limited to either beryllium sensitivity or chronic beryllium disease. The claimant should be granted 30 days to provide evidence the employee had a beryllium illness at the facility or that he/she was employed for either a covered DOE facility, or atomic weapon employer. Notification should be given that any response will be carefully reviewed and a determination will be made based on the evidence of record.

3. After 30 days, the CE should review any documentation submitted by the claimant. If the claimant has not provided any evidence of a covered beryllium illness or evidence to suggest the employee had a covered cancer employment at a DOE facility or atomic weapons employer, a recommended decision is to be prepared denying coverage under the Act. The CE should include in the findings of fact that the claimed condition is not covered given the facility type. In the conclusion of law, the CE should reference 42 U.S.C. 7384l (9) and explain there is no provision for coverage of cancer as a result of employment with a designated beryllium vendor.

Disposition: Retain until incorporated in the Federal (EEOICPA) Procedure Manual.

PETER M. TURCIC

Director, Division of Energy Employees

Occupational Illness Compensation

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