EEOICPA BULLETIN NO.04-06
Expiration Date: November 14, 2004
Subject: Employment verifications over 90 days.
Background: Executive Order 13179 requires the Department of Energy (DOE) to verify employees’ employment relevant to a claim filed under the EEOICPA. Sections 30.105(a) and 30.112 (b) of EEOICP regulations state that DOE shall certify that it concurs with the employment information provided by the claimant, that it disagrees with the information provided by the claimant, or, after a reasonable search of its records and a reasonable effort to locate pertinent records not already in its possession, that it can neither concur nor disagree with the information provided. Section 30.105(a) of EEOICP regulations indicates that DOE shall complete Form EE-5, DOE’s Response to Employment History for Claim, as soon as possible and transmit the completed form to OWCP.
In the DEEOIC Procedure Manual Part 2-0400(3b), DOE is originally afforded 60 days to complete the EE-5 form. If the DOE fails to return the completed form within that time frame, the CE prepares a second request for the completed EE-5.
In an effort to receive timely employment verification information from DOE, effective immediately, the Director of DEEOIC will send a letter to DOE requesting their response to employment verifications that have been in their possession 90 or more days.
Reference: Procedure Manual Part 2-400.
Purpose: To provide procedures for employment verifications awaiting a response from DOE for 90 or more days.
Applicability: Claims Examiners, Claims Supervisors, District Directors, Hearing Representatives and All National Office staff.
1. Upon determination (via ECMS call-up or report) that an EE-5 has been with DOE 90 days or more, the Claims Examiner (CE) will review the case file to ensure all outstanding case issues have been completed. This includes survivorship and medical issues. If these issues have been resolved and the only outstanding issue is the DOE employment verification, the CE must notify his/her supervisor that the recommended decision or referral to the National Institute for Occupational Safety and Health (NIOSH) cannot be issued due to lack of DOE employment certification.
2. After certifying that the only outstanding issue in the case file is the lack of DOE employment verification, the supervisor will advise the District Director (DD). This action must be completed twice per month.
The supervisor must provide the DD with the employee’s name, case number, date employment verification was requested from DOE, number of days the DO waited for employment verification response, and date case information was referred to the DD.
3. The supervisor must also keep a log of the same information including date employment verification is received. This log is for administrative tracking purposes only and is not associated with any one particular case. Finally the log must be reviewed and if possible, updated twice per month.
4. The DD must notify the DEEOIC Director via a memorandum (see Attachment 1) that a recommended decision or a referral to NIOSH is being held in abeyance because DOE has not provided employment verification after 90 days.
5. Following receipt of the DD’s memorandum, the DEEOIC Director will alert the DOE of the outstanding employment verification and request they release the EE-5.
6. While there is no change in the ECMS code, the CE must include a note in the ECMS claim status history screen specifying these actions. He/she must also include a call-up for 45 days following this referral for follow-up purposes.
7. Upon receipt of the DOE response to the EE-5, the CE must notify his/her supervisor. This is important for tracking purposes.
Disposition: Retain until incorporated in the Federal (EEOICPA) Procedure Manual.
PETER M. TURCIC
Director, Division of Energy Employees
Occupational Illness Compensation
Distribution List No. 1: Claims Examiners, Supervisory Claims Examiners, Technical Assistants, Customer Service Representatives, Fiscal Officers, FAB District Managers, Operation Chiefs, Hearing Representatives, and District Office Mail & File Sections