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Office of Workers' Compensation Programs

Division of Energy Employees Occupational Illness Compensation (DEEOIC)

Summary of Amendments

Summary of Amendments to Legislation

12/19/01

  1. Leukemia (other than chronic lymphocytic leukemia)
    1. 1. Now covered regardless of date initial exposure; and
    2. 2. Onset occurred more than 2 years after initial exposure.
  2. Chronic silicosis
    Requirements changed from category 1/1 to category 1/0 pneumoconiosis
  3. Survivors
    1. If there is a living spouse (married to employee for at least one year before the death):
      1. spouse receives entire amount;
      2. UNLESS there is at least one child of the employee who is a minor at the time of PAYMENT and NOT a natural or adopted child of the spouse – in which case half of the award goes to the spouse and the rest is split between all living minor children of the employee.
    2. If no spouse, award will be given in the following order:
      1. Living children of employee
      2. If none of above, to living parents of employee
      3. If none of above, to living grandchildren of employee
      4. If none of above, to living grandparents of employee
  4. Tort Cases (against Beryllium or AWE employer)
    1. If filed before 10/30/00 and still pending on the date of the enactment of these amendments, NOT eligible UNLESS claimant dismisses the case before 12/31/03
    2. If filed between enactment of the original law and enactment of the amendments (10/30/00 and now) NOT eligible UNLESS claimant dismisses tort case BEFORE the latest of the following:
      1. 4/30/03
      2. 30 months after the date the claimant first became aware of possible EEOICP entitlement
    3. If filed after enactment;
      1. not entitled if a final court decision has been made.
      2. If final court decision has NOT been made, only eligible if claimant dismisses court case before the latest of the following: 4/30/03 or 30 months after the date the claimant first became aware of possible EEOICP entitlement.
  5. Attorneys Fees
    1. Attorney can charge 2% for initial services provided in connection with initial filing of a claim
    2. Attorney can charge 10% for services provided in all matters related to objections to a recommended decision
    3. No limit on what attorney can charge for services provided in relation to EEOICP after the final decision
  6. NIOSH will carry out a specific study regarding contamination remaining in facilities after such facility discontinued activities relating to the production of nuclear weapons.