Docket Number: 2029-2002

EMPLOYEE: [Name Deleted]

CLAIMANT: [Name Deleted]

FILE NUMBER: [Number Deleted]

DOCKET NUMBER: 2029-2002

DECISION DATE: January 10, 2005

NOTICE OF FINAL DECISION

This decision of the Final Adjudication Branch (FAB) concerns your claim for compensation under the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended, 42 U.S.C. § 7384 et seq. (EEOICPA or the Act). Your claim under Part E of the Act is hereby accepted as compensable.

The Jacksonville district office issued a recommended decision finding that [Employee] was employed at a Department of Energy (DOE) facility by a DOE contractor in accordance with Part E, 42 U.S.C. § 7385s(1); that you are the eligible survivor in accordance with Part E, 42 U.S.C. § 7385s-3(c)(1); and that you are entitled to $125,000 in accordance with Part E, 42 U.S.C. § 7385s-3(a)(1). Consequently, the district office concluded your survivor claim is accepted in accordance with Part E, 42 U.S.C. § 7385s-4(b). On December 28, 2004, the Final Adjudication Branch received your written notification that you waive any and all objections to the recommended decision.

The evidence of record establishes that your application meets the statutory criteria for compensability as defined in Part E of the EEOICPA. In this instance the evidence confirms that your spouse had covered employment with the gaseous diffusion plant in Paducah, Kentucky, for the period of March 24, 1952 to January 15, 1982, and supports a causal connection between your spouse’s death and his exposure to a toxic substance at a DOE facility. Specifically, the evidence of record establishes that a Physicians Panel review under former Part D of the EEOICPA has been completed, and that the Secretary of Energy accepted the Panel’s affirmative determination of [Employee]’s pulmonary fibrosis due to exposure to a toxic substance at a DOE facility. The file contains [Employee]’s death certificate listing the causes of death as cardiogenic shock and pneumonia, the medical opinion of Dr. Kalindi Narayan concluding that pulmonary fibrosis contributed to the employee’s death, and a copy of your marriage certificate. This evidence establishes your entitlement to basic survivor benefits under Part E of the EEOICPA.

The Final Adjudication Branch hereby finds that [Employee] was a DOE contractor employee with pulmonary fibrosis due to exposure to a toxic substance at a DOE facility; and that you are the eligible survivor of [Employee]. Therefore, the Final Adjudication Branch hereby concludes that you are entitled to compensation in the amount of $125,000 under Part E of the EEOICPA. Adjudication of your potential entitlement to additional compensation is deferred until after the effective date of the Interim Final Regulations.

Sidne M. Valdivieso

Hearing Representative