Division of Energy Employees Occupational Illness Compensation (DEEOIC)
Claims for Compensation
Below are the head notes for the FAB decisions and orders relating to the topic heading, Claims for Compensation. The head notes are grouped under the following subheadings: Development of, Filing, Non-claiming individuals, Waiver, and Withdrawal of claim. To view a particular decision or order in its entirety, click on the hyperlink for that decision or order at the end of the head note.
- The district office and FAB are bound by the policies and procedures in place at the time a claim is adjudicated and are required to review such a claim in light of those policies. EEOICPA Fin. Dec. No. 30568-2005 (Depít of Labor, September 16, 2005).
- Any written communication that requests benefits under the Act will be considered a claim, including new medical evidence submitted for review while a case is at the FAB. EEOICPA Fin. Dec. No. 62339-2005 (Depít of Labor, November 18, 2005).
- The share of compensation for a potentially eligible survivor who did not claim his portion of the award must remain in the EEOICPA fund. EEOICPA Fin. Dec. No. 47856-2005 (Depít of Labor, July 21, 2005).
- Surviving spouse with a valid claim under the Act is not bound by an otherwise legally valid agreement, such as a prenuptial agreement, in which she promised to forego that award. EEOICPA Fin. Dec. No. 44377-2004 (Depít of Labor, October 6, 2005).
- The anti-alienation provision of ß 7385f(a), which provides that no claim cognizable under EEOICPA may be assigned or transferred, prohibits a claimant from waiving any interest in or entitlement to survivor benefits, including by means of a prenuptial agreement. EEOICPA Fin. Dec. No. 55875-2004 (Depít of Labor, November 15, 2005).
- The EEOICPA regulations provide that a survivor may withdraw his or her claim by so requesting in writing to OWCP at any time prior to OWCPís determination regarding the survivorís eligibility for benefits. There is no provision, however, permitting a survivor to withdraw a claim previously filed by an employee. Therefore, where employee had claimed benefits for two types of cancer, but died prior to the issuance of a final decision, the surviving spouse who filed a survivorís claim based only on one cancer could not withdraw the employeeís claim for benefits based on the other cancer and OWCP was bound to determine if the second cancer was an occupational illness for which medical benefits would be payable. EEOICPA Fin. Dec. No. 64180-2005 (Depít of Labor, February 17, 2005).