RELEASE – TRANSMISSION OF REVISED MATERIAL TO BE INCORPORATED INTO THE FEDERAL (EEOICPA) PROCEDURE MANUAL: CHAPTER 3-0400 TORT ACTION AND ELECTION OF REMEDIES.

EEOICPA TRANSMITTAL NO.09-10              September, 2009

EXPLANATION OF MATERIAL TRANSMITTED:

• This material is to be transmitted for placement in the new Unified Procedure Manual(PM) binder.

• This material incorporates updated information and guidance for handling claims in which the claimant has filed a tort lawsuit. It provides guidance to determine if election of remedies or tort offset is required due to a tort lawsuit.

• This material provides updated guidance on obtaining a signed response (affidavit) regarding a lawsuit, state workers’ compensation claim, and fraud.

• This material incorporates updated procedures on tracking surplus due to a tort offset.

Rachel P. Leiton 

Director, Division of

Energy Employees Occupational Illness Compensation

FILING INSTRUCTIONS:

File this transmittal behind Part 2 of the new Unified Federal (EEOICPA) Procedure Manual.

Distribution:  List No. 3:  All DEEOIC Employees

List No. 6:  Regional Directors, District Directors, Assistant District Directors, National Office Staff, and Resource Center Staff.