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“SUMMARY OF DRAFT NUCLEAR WORKERS COMPENSATION IMPROVEMENT AMENDMENTS” mentioning the U.S. Dept of Labor was published in the Extensions of Remarks section on pages E1688-E1689 on Sept. 30, 2002.
The publication is reproduced in full below:
SUMMARY OF DRAFT NUCLEAR WORKERS COMPENSATION IMPROVEMENT AMENDMENTS
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HON. TED STRICKLAND
of ohio
in the house of representatives
Thursday, September 26, 2002
Mr. STRICKLAND. Mr. Speaker, I include the following for the Record.
TITLE I--WORKER COMPENSATION BENEFITS FOR DEPARTMENT OF ENERGY
CONTRACTOR EMPLOYEES EXPOSED TO TOXIC SUBSTANCES
Overview: Title I revises EEOICPA Subtitle D (as currently enacted) to designate the Department of Labor (DOL) as the
``willing payor'' for disability claims for occupational illnesses arising out of employment at DOE facilities, instead of having the Department of Energy ``assist'' claimants with state worker compensation claims. DOL would evaluate disability and adjust payments accordingly. Without a uniform process to pay meritorious claims, it is possible that nearly half of the claims will have no ``willing payor.'' Payment would match FECA levels of benefits, and use the same administrative processes now used by the DOL for radiation, beryllium and silica claims. Payments come from EEOICPA Fund as direct spending. Eliminates MOAs with states.
Section 3662--DOE Physician's Panels (appointed by HHS) will determine causation, based on DOE's Final Rule issued August 14, 2002. Authorizes DOE to send meritorious claims for payment to the DOL, instead of ``assisting'' claimants with state worker compensation systems. Authorizes the DOE to provide medical tests and exposure assessments required by Physicians Panel, and requires outreach. Retains the portions of DOE's final rule that will continue to apply to these amendments. DOE will adjudicate disputes of adverse Physician Panel findings.
Section 3663--Authorizes DOL to administer payment of disability and medical benefits that have been approved by DOE's Physicians Panel. Claims administered using the FECA to set level of benefits for partial and total disability, plus medical and survivor benefits. Benefits paid from EEOICPA Fund as direct spending. DOL will adjudicate disputes over amount of payments and degree of disability, but not disputes over causation. DOL to expand list of organs or physiological systems covered in its existing FECA rules to address the DOE claims.
Section 3664--Claims administered through a non-adversarial system and no statutes of limitations (same as Subtitle B claims).
Section 3665--DOL will reduce payments by the amounts that are being paid in a state worker comp proceeding.
Section 3666--DOL cannot recover costs from a contractor, state or insurer for benefits provided in this Title.
Section 3667--Benefits are tax exempt and cannot be offset against certain other federal programs, such as housing and transitional assistance payments.
Section 3668--Benefits cannot be offset from private insurance policies.
Section 3669--Convicted felons forfeiture of benefits.
Section 3670--This will be an exclusive remedy against the U.S. government or a contractor acting in its capacity as an employer, except for intentional torts or state worker comp.
Section 3671--For claimants who have received $150,000 lump sum for an illness, and is disabled and wants to file under Subtitle D, they can receive wage replacement benefits reduced by the $150,000 lump sum. This would form a wrap around payment. However, claimants cannot collect two sets of benefits for the same illness.
Section 3672--Compensation and claims for compensation are exempt from claims of creditors.
TITLE II--AMENDMENTs RELATING TO SUBTITLE B OF THE EEOICPA (RADIATION,
BERYLLIUM, SILICA)
Overview: This section adds two illnesses related to uranium and beryllium, provides a means for incorporating latest science for listing radiogenic cancers, provides for an ombudsman to assist claimants, authorizes expanded dates of coverage for beryllium and atomic weapons vendors where there is significant residual contamination and NIOSH has issued recommended dates of coverage, sets forth time limits on dose reconstruction and Special Exposure Cohort petitions, and makes some improvements to the NIOSH IREP Model.
Section 201--Adds chronic renal disease as a covered illness eligible for lump sum payments for workers employed for at least 1 year at a covered uranium facility. DOE will define what are ``covered'' facilities based on whether the facility processed, machined, forged or enriched uranium for the DOE. RECA Amendments of 2002 currently provides a lump sum benefit for uranium millers and transporters, and this would provide parity.
Section 202--Adds lung cancer to the list of covered beryllium diseases. If the lung cancer arose 5 years after first exposure to beryllium in the course of employment at a covered facility, claimant would be eligible for lump sum payment. Beryllium is classified as a known human carcinogen with respect to lung cancer.
Section 203--Sets 150 day deadline for NIOSH to complete dose reconstruction, and 180 day deadline for NIOSH to responding to Special Exposure Cohort petitions. Petitions are granted if NIOSH fails to act within 180 day time frame.
Section 204--Removes consideration of smoking in the NIOSH Compensation model, and requires NIOSH to adjust its compensation model to provide claimants with the benefit of the doubt where there is reasonable scientific evidence to justify compensation. Where there is scientific uncertainty, model is now neutral.
Section 205--Authorizes NIOSH to recommend to Congress additional radiogenic cancers for the Special Exposure Cohort. Provides for public review and comment.
Section 206--Authorizes expanded dates of coverage for beryllium vendors and atomic weapons employer facilities based on the findings of the NIOSH Report to Congress required in the FY 02 Defense Authorization Act. NIOSH is to assess whether the presence of residual contamination from DOE funded activities could have substantially contributed to or caused the cancer or beryllium disease of a covered employee.
Title III--Relief for Claimants Under Any Subtitle of the Act
Section 301--When medical records necessary for processing a claim cannot be produced by DOE or a DOE contractor, this section authorizes DOE or DOL to consider affidavits (coupled with other available information) in evaluating medical evidence for a claim.
Section 302--Requires that the Secretaries of DOL and DOE maintain resource centers and outreach programs relating to the availability of benefits until September 30, 2004. Or, in the case of an under-served area, such center shall be maintained until demand is exhausted.
Section 303--Authorizes an Office of Ombudsman in the DOL to assist claimants with all three agencies, and directs an annual report to DOL and Congress on recommended improvements. Appointment by Secretary of Labor.
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