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Division of Energy Employees Occupational Illness Compensation (DEEOIC)

Systematic Review of Denied Part E Cases

Part E of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) provides compensation for workers for whom it is found that it is at least as likely as not that exposure to a toxic substance at a Department of Energy (DOE) facility was a significant factor in aggravating, contributing to, or causing the illness; and it is as least as likely as not that the exposure to such toxic substance was related to employment at a DOE facility. Determinations under these standards involve case-specific review of the facts surrounding an employee’s exposures to toxic substances at DOE facilities. In addition, it requires evaluation of complex medical information and scientific literature that provides evidence of links between specific toxins and occupational illnesses. Because the state of knowledge about toxins at DOE facilities and the links between those toxins and occupational illnesses is constantly being updated, the DEEOIC will be conducting regular review of cases denied under Part E to determine if there have been material changes to either the toxic exposure profiles at DOE facilities or the associated health effects of such exposures in a way that would alter the outcome of these cases in favor of the claimant.

The review includes all Part E claims in denial status and delineates procedures for the systematic re-evaluation of these cases. This will be done to ensure that the adjudication of the claim is based upon the most current toxic substance exposure information and scientific knowledge.

In terms of cases being reviewed under the Systematic Part E review, note that the review is only applicable to cases denied on the basis of either 1) exposure to toxic substance not established and/or 2) it is not established that exposure to a toxic substance caused, contributed to or aggravated the diagnosed condition.* Cases denied for other reasons, such as survivorship or employment, do not fall under the guidance of Bulletin 13-02 Systematic Review of Denied Part E (issued as guidance for CEs) as nothing delineated in that bulletin or in the subsequent circulars would change the outcome of such cases.

Bulletin 13-02 Systematic Review of Denied Part E