Sample Recommended Decision, Accept
CASE NUMBER: XXXXXXXX
NOTICE OF RECOMMENDED DECISION
This is a Recommended Decision of the district office concerning your claim for benefits under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA or Act). The district office recommends acceptance of your claim for skin cancer under both Part B and Part E of the EEOICPA, and recommends that you be awarded lump sum compensation under Part B of $150,000.00, as well as medical benefits under Parts B and E of the Act.
The evidence of record shows that on June 24, 2006, you filed a claim for benefits under both Parts B and E of the EEOICPA, claiming that you had developed skin cancer as a result of your employment at a Department of Energy (DOE) facility. A pathology report of November 27, 2001 provided confirmation of diagnosis with basal cell carcinoma (BCC) of the left arm.
You claimed that you worked as a scientist at the Savannah River Site (SRS) in Aiken, S.C., from September 1, 1974 through April 1, 2004. The DOE was able to verify your employment at the SRS with E.I. DuPont from September 1, 1974 until June 1, 1989; and with Westinghouse from April 1, 1989 to February 28, 2004.
In development of your Part B claim, the district office forwarded relevant claim documentation to the National Institute for Occupational Safety and Health (NIOSH) for a radiation dose reconstruction. NIOSH used this information to estimate your exposure to occupational radiation and complete a dose reconstruction report. With the return of the completed dose reconstruction, the district office then applied the does estimate in a calculation to determine the probability that your cancer was related to exposure to radiation during your employment at the SRS. In this case, the probability was calculated to be 57.6%, which exceeds the 50% requirement for compensability.
EXPLANATION OF FINDINGS
The issue for determination in this case is whether you are eligible to receive benefits under Part B and Part E for the claimed conditions of skin cancer.
As outlined above, the district office verified your employment with E.I Dupont and Westinghouse, both known DOE contractors at the SRS. Additionally, medical evidence submitted in support of your claim established your diagnosis with skin cancer. Accordingly, you meet the employment and diagnostic criteria of the EEOICPA.
In order for your Part B claim to be compensable, it must be established that the claimed skin cancer was “at least as likely as not” (a 50% or greater probability) related to occupational exposure to radiation. In your case, the district office used the results of a dose reconstruction to calculate a probability of causation (PoC) of 57.6. This exceeds the 50% threshold for compensability. Accordingly, the district office recommends acceptance of your Part B claim.
With regard to your Part E claim, the evidence shows that you worked as a contractor employee at the SRS site, a requirement for a compensable Part E claim. In addition, with the finding of a compensable Part B occupational illness, the same illness is accepted as work-related under Part E. As you have qualifying contractor employment, and the evidence of record establishes that you have a qualifying occupational illness, the district office also recommends acceptance of that your Part E claim.
Finally, in accordance with EEOICPA regulations, you have submitted Form EN-16, declaring that you have neither filed a tort suit nor received any settlement or award from a claim or suit related to an exposure for which you are eligible to receive compensation under the Act. You also declared that you have neither filed for nor received any state workers’ compensation benefits on account of the claimed illness. Lastly, you have declared that you have neither pled guilty to nor been convicted on any charges of having committed fraud in connection with an application for or receipt of benefits under the Act or any other federal or state workers’ compensation law.
Based on the above, the district office recommends acceptance of your claim for benefits for the condition of skin cancer be accepted under both Part B and Part E of the Act. It is recommended that you be awarded lump-sum compensation of $150,000.00 under Part B of the EEOICPA, as well as medical benefits for this illness under Parts B and Part E, commencing the date of claim filing.
(Name of Appropriate Signatory) Date