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Division of Energy Employees Occupational Illness Compensation (DEEOIC)

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Other Law, Reference to

Below are the head notes for the FAB decisions and orders relating to the topic heading, Other Law, Reference to. The head notes are grouped under the following subheadings: Foreign law, Native American law, and State law. 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.

Foreign law

  • DEEOIC adopted the “local law” doctrine to determine whether an individual conceived after an employee’s death qualified as a survivor under Part B of EEOICPA. Based on the laws of British Columbia, Canada, triplets who were conceived approximately three years after the death of the employee by use of his stored sperm did not qualify as surviving children under Part B. EEOICPA Fin. Dec. No. 20160112-20000844-3 (Dep’t of Labor, February 11, 2016).


Native American law

  • An adopted Navajo child may claim EEOICPA benefits only as a survivor of her adoptive father and not her natural father because under the Navajo Nation Code the natural parents of an adoptive child are “relieved of all parental responsibilities for such child or to his property by descent or distribution or otherwise.” EEOICPA Fin. Dec. No. 32576-2004 (Dep’t of Labor, November 19, 2004).
  • Probative value of official documents issued by the Vital Records and Tribal Enrollment Program of the Navajo Nation documenting employee’s divorce far outweighed conflicting factual statements from putative surviving spouse and information on death certificate provided by one of her children who was merely repeating second-hand information. EEOICPA Fin. Dec. No. 63743-2006 (Dep’t of Labor, November 21, 2006).


State law