EEOICPA BULLETIN NO. 07-02
Issue Date: October 18, 2006
Effective Date: October 18, 2006
Expiration Date: October 18, 2007
Subject: Amended procedures for coordinating EEOICPA Part E benefits with payments received under a state workers’ compensation (SWC) program for the same covered illness.
Background: Part E of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) requires the coordination of Part E benefits with amounts received by a claimant as SWC for the same covered illness or illnesses compensable under Part E. In some SWC claims, these amounts take the form of periodic payments, such as a worker’s or widow’s annuity, that can make calculation of the proper amount of the coordination difficult. In light of the administrative burden of performing the calculations multiple times to accommodate periodic payments made under a SWC program, the process for determining the amount of the required coordination has been simplified, and the instructions for filling out the “EEOICPA/SWC Coordination of Benefits Worksheet” (Attachment 1) have been amended slightly, pursuant to the authority granted by 20 C.F.R. § 30.627 (2005).
References: 42 U.S.C. § 7385s-11; 20 C.F.R. §§ 30.626 and 30.627; Federal (EEOICPA) Procedure Manual, Chapter E-1000 and Attachment 1 (September 2005).
Purpose: To provide new procedures for calculating the required coordination of EEOICPA Part E benefits.
Applicability: All staff.
1. Attachment 1 consists of the “EEOICPA/SWC Coordination of Benefits Worksheet,” which includes amended instructions that will simplify the calculations that are necessary to determine how much to “coordinate” (reduce) a claimant’s Part E EEOICPA benefits to reflect payments received under a SWC program.
2. Previously, the Final Adjudication Branch (FAB) was required to recalculate the amount of the required coordination if the claimant was receiving periodic state workers’ compensation, since each subsequent payment would increase the amount by which the Part E award had to be reduced. Effective immediately, the FAB is to use the same cut-off date for determining the amount of state workers’ compensation received that was used by the claims examiner at the District Office. This cut-off date must be the same as the date of the recommended decision. This change will enable the FAB to avoid the current practice of recalculating the amount of the coordination (and the resulting amount of Part E benefits payable) for one or more payment cycles in the future.
3. The completed Worksheet is to be attached to the inside left flap of the claimant’s case jacket.
Disposition: Retain until incorporated in the Federal
(EEOICPA) Procedure Manual.
PETER M. TURCIC
Director, Division of Energy Employees
Occupational Illness Compensation
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