The U.S. Department of Labor announced today a final rule updating eligibility requirements for current and former nuclear weapons workers seeking to file benefits claims related to beryllium sensitivity. The new rule, which will be published in the Federal Register on Tuesday, July 16, makes benefits available to individuals once deemed ineligible.
Issued by the department’s Office of Workers’ Compensation Programs (OWCP), the final rule revises regulations governing the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). This act provides lump sum compensation and medical benefits to current and former nuclear weapons workers whose illnesses are a result of working in the nuclear weapons industry.
In December 2023, the National Defense Authorization Act for fiscal year 2024 changed eligibility requirements for those filing claims for beryllium sensitivity, allowing previously ineligible claimants to obtain benefits. OWCP’s final rule updates EEOICPA eligibility requirements accordingly.
Previously, claimants could only establish beryllium sensitivity by presenting one abnormal beryllium lymphocyte proliferation test performed on blood or lung lavage cells. Under the new regulations, beryllium sensitivity can now also be established by submitting three borderline beryllium lymphocyte proliferation tests of blood cells within a three-year period.
Following the enactment of this provision, the Division of Energy Employees Occupational Illness Compensation updated its policies and procedures for assessing beryllium sensitivity claims to ensure all new claims meeting the criteria were accepted. It also reviewed previously denied cases to determine if they met the new criteria. If so, these cases would be reopened and benefits awarded retroactively to the original filing date.
In early 2024, efforts began to inform stakeholders about these changes through various outreach methods including in-person events, webinars, emails, website updates, and information provided via DEEOIC Resource Centers both in-person and by phone. The division continues to provide information on eligibility for beryllium sensitivity online and at outreach events nationwide.
“The U.S. Department of Labor encourages former nuclear weapons workers or their survivors to contact our Resource Centers with questions about changes to the new eligibility requirements,” said Division of Energy Employees Occupational Illness Compensation Director Rachel Pond. “Our centers can provide answers about eligibility or other program matters and assist with filing claims or reopening claims denied before the updates announced today.”
Since 2001, EEOICPA has paid more than $26 billion in compensation and medical benefits to current and former nuclear weapons workers in the U.S. whose illnesses resulted from work in the nuclear weapons industry. For more information, stakeholders are encouraged to call the Resource Center at (866) 888-3322.
Learn more about the Office of Workers' Compensation.
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