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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 20 - Employees' Benefits |
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Chapter I - Office of Workers' Compensation Programs, Department of Labor |
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SubChapter C - Energy Employees Occupational Illness Compensation Program Act of 2000 |
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Part 30 - Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended |
Part 30 - Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended
| Subpart A - General Provisions |
| Definitions |
| § 30.5 - What are the definitions used in this part? |
| Rights and Penalties |
| § 30.15 - May EEOICPA benefits be assigned, transferred or garnished? |
| § 30.16 - What penalties may be imposed in connection with a claim under the Act? |
| § 30.17 - Is a beneficiary who defrauds the government in connection with a claim for EEOICPA benefits still entitled to those benefits? |
| Introduction |
| § 30.0 - What are the provisions of EEOICPA, in general? |
| § 30.1 - What rules govern the administration of EEOICPA and this chapter? |
| § 30.2 - In general, how have the tasks associated with the administration of EEOICPA claims process been assigned? |
| § 30.3 - What do these regulations contain? |
| Information in Program Records |
| § 30.10 - Are all OWCP records relating to claims filed under EEOICPA considered confidential? |
| § 30.11 - Who maintains custody and control of claim records? |
| § 30.12 - What process is used by a person who wants to obtain copies of or amend EEOICPA claim records? |
| Subpart B - Filing Claims; Evidence and Burden of Proof; Special Procedures for Certain Cancer Claims |
| Evidence and Burden of Proof |
| § 30.110 - Who is entitled to compensation under the Act? |
| § 30.111 - What is the claimant's responsibility with respect to burden of proof, production of documents, presumptions, and affidavits? |
| § 30.112 - What kind of evidence is needed to establish covered employment and how will that evidence be evaluated? |
| § 30.113 - What are the requirements for written medical documentation, contemporaneous records, and other records or documents? |
| § 30.114 - What kind of evidence is needed to establish a compensable medical condition and how will that evidence be evaluated? |
| Verification of Alleged Employment |
| § 30.105 - What must DOE do after an employee or survivor files a claim? |
| § 30.106 - Can OWCP request employment verification from other sources? |
| Special Procedures for Certain Radiogenic Cancer Claims |
| Filing Claims for Benefits Under EEOICPA |
| § 30.100 - In general, how does an employee file an initial claim for benefits? |
| § 30.101 - In general, how is a survivor's claim filed? |
| § 30.102 - In general, how does an employee file a claim for additional impairment or wage-loss under Part E of EEOICPA? |
| § 30.103 - How does a claimant make sure that OWCP has the evidence necessary to process the claim? |
| Claims for Occupational Illness—Actions of DOE |
| Special Procedures for Certain Cancer Claims |
| Claims for Occupational Illness—Employee or Survivor's Actions |
| Subpart C - Eligibility Criteria |
| Eligibility Criteria for Claims Relating to Cancer |
| Eligibility Criteria for Claims Relating to Covered Beryllium Illness |
| Eligibility Criteria for Claims Relating to Radiogenic Cancer Under Parts B and E of EEOICPA |
| § 30.210 - What are the criteria for eligibility for benefits relating to radiogenic cancer? |
| § 30.211 - How does a claimant establish that the employee has or had contracted cancer? |
| § 30.212 - How does a claimant establish that the employee contracted cancer after beginning employment at a DOE facility, an atomic weapons employer facility or a RECA section 5 facility? |
| § 30.214 - How does a claimant establish that the employee is a member of the Special Exposure Cohort? |
| § 30.215 - How does a claimant establish that the employee has sustained an injury, illness, impairment or disease as a consequence of a diagnosed cancer? |
| Eligibility Criteria for Claims Relating to Chronic Silicosis Under Part B of EEOICPA |
| § 30.220 - What are the criteria for eligibility for benefits relating to chronic silicosis? |
| § 30.221 - How does a claimant prove exposure to silica in the performance of duty? |
| § 30.222 - How does a claimant establish that the employee has been diagnosed with chronic silicosis or has sustained a consequential injury, illness, impairment or disease? |
| Eligibility Criteria for Claims Relating to Radiogenic CancerUnder Parts B and E of EEOICPA |
| General Provisions |
| § 30.200 - What is the scope of this subpart? |
| Eligibility Criteria for Claims Relating to Chronic Silicosis |
| Eligibility Criteria for Certain Uranium Employees Under Part B ofEEOICPA |
| Eligibility of Certain Uranium Employees |
| Eligibility Criteria for Claims Relating to Covered Beryllium Illness Under Part B of EEOICPA |
| § 30.205 - What are the criteria for eligibility for benefits relating to beryllium illnesses covered under Part B of EEOICPA? |
| § 30.206 - How does a claimant prove that the employee was a “covered beryllium employee” exposed to beryllium dust, particles or vapor in the performance of duty? |
| § 30.207 - How does a claimant prove a diagnosis of a beryllium disease covered under Part B? |
| Eligibility Criteria for Certain Uranium Employees Under Part B of EEOICPA |
| § 30.225 - What are the criteria for eligibility for benefits under Part B of EEOICPA for certain uranium employees? |
| § 30.226 - How does a claimant establish that a covered uranium employee has sustained a consequential injury, illness, impairment or disease? |
| Eligibility Criteria for Other Claims Under Part E of EEOICPA |
| § 30.230 - What are the criteria necessary to establish that an employee contracted a covered illness under Part E of EEOICPA? |
| § 30.231 - How does a claimant prove employment-related exposure to a toxic substance at a DOE facility or a RECA section 5 facility? |
| § 30.232 - How does a claimant establish that the employee has been diagnosed with a covered illness, or sustained an injury, illness, impairment or disease as a consequence of a covered illness? |
| Eligibility Criteria for Certain Uranium Employees |
| Eligibility Criteria for Claims Relating to Chronic SilicosisUnder Part B of EEOICPA |
| Eligibility Criteria for Chronic Silicosis |
| § 30.216 - How does a claimant prove exposure to silica in the performance of duty? |
| § 30.217 - How does a claimant prove the covered employee's diagnosis of chronic silicosis? |
| Eligibility Criteria for Claims Relating to Covered BerylliumIllness Under Part B of EEOICPA |
| Subpart D - Adjudicatory Process |
| Recommended Decisions on Claims |
| § 30.305 - How does OWCP determine entitlement to EEOICPA compensation? |
| § 30.306 - What does the recommended decision include? |
| § 30.307 - Can one recommended decision address the entitlement of multiple claimants? |
| § 30.308 - To whom is the recommended decision sent? |
| Modification |
| Hearings and Final Decisions on Claims |
| § 30.310 - What must the claimant do if he or she objects to the recommended decision or wants to request a hearing? |
| § 30.311 - What happens if the claimant does not object to the recommended decision or request a hearing within 60 days? |
| § 30.312 - What will the FAB do if the claimant objects to the recommended decision but does not request a hearing? |
| § 30.313 - How is a review of the written record conducted? |
| § 30.314 - How is a hearing conducted? |
| § 30.315 - May a claimant postpone a hearing? |
| § 30.316 - How does the FAB issue a final decision on a claim? |
| § 30.317 - Can the FAB request a further response from the claimant or return a claim to the district office? |
| § 30.319 - May a claimant request reconsideration of a final decision of the FAB? |
| Reopening Claims |
| § 30.320 - Can a claim be reopened after the FAB has issued a final decision? |
| General Provisions |
| § 30.300 - What administrative process will OWCP use to decide claims for entitlement, and how can claimants obtain judicial review of final decisions on their claims? |
| § 30.301 - May subpoenas be issued for witnesses and documents in connection with a claim under Part B of EEOICPA? |
| § 30.302 - Who pays the costs associated with subpoenas? |
| § 30.303 - What information may OWCP request in connection with a claim under Part E of EEOICPA? |
| Subpart E - Medical and Related Benefits |
| Medical Reports |
| § 30.415 - What are the requirements for medical reports? |
| § 30.416 - How and when should medical reports be submitted? |
| § 30.417 - What additional medical information may OWCP require to support continuing payment of benefits? |
| Medical Treatment and Related Issues |
| § 30.400 - What are the basic rules for obtaining medical treatment? |
| § 30.401 - What are the special rules for the services of chiropractors? |
| § 30.402 - What are the special rules for the services of clinical psychologists? |
| § 30.403 - Will OWCP pay for home health care, nursing home, and assisted living services? |
| § 30.404 - Will OWCP pay for transportation to obtain medical treatment? |
| § 30.405 - After selecting a treating physician, may an employee choose to be treated by another physician instead? |
| § 30.406 - Are there any exceptions to these procedures for obtaining medical care? |
| Directed Medical Examinations |
| § 30.410 - Can OWCP require an employee to be examined by another physician? |
| § 30.411 - What happens if the opinion of the physician selected by OWCP differs from the opinion of the physician selected by the employee? |
| § 30.412 - Who pays for second opinion and referee examinations? |
| Medical Bills |
| § 30.420 - How should medical bills and reimbursement requests be submitted? |
| § 30.421 - What are the time frames for submitting bills and reimbursement requests? |
| § 30.422 - If an employee is only partially reimbursed for a medical expense, must the provider refund the balance of the amount paid to the employee? |
| Subpart F - Survivors; Payments and Offsets; Overpayments |
| Payment of Claims and Offset for Certain Payments |
| § 30.505 - What procedures will OWCP follow before it pays any compensation? |
| § 30.506 - To whom and in what manner will OWCP pay compensation? |
| § 30.507 - What compensation will be provided to covered Part B employees who only establish beryllium sensitivity under Part B of EEOICPA? |
| § 30.508 - What is beryllium sensitivity monitoring? |
| § 30.509 - Under what circumstances may a survivor claiming under Part E of the Act choose to receive the benefits that would otherwise be payable to a covered Part E employee who is deceased? |
| Overpayments |
| § 30.510 - How does OWCP notify an individual of a payment made on a claim? |
| § 30.511 - What is an “overpayment” for purposes of EEOICPA? |
| § 30.512 - What does OWCP do when an overpayment is identified? |
| § 30.513 - Under what circumstances may OWCP waive recovery of an overpayment? |
| § 30.514 - If OWCP finds that the recipient of an overpayment was not at fault, what criteria are used to decide whether to waive recovery of it? |
| § 30.515 - Is a recipient responsible for an overpayment that resulted from an error made by OWCP? |
| § 30.516 - Under what circumstances would recovery of an overpayment defeat the purpose of the Act? |
| § 30.517 - Under what circumstances would recovery of an overpayment be against equity and good conscience? |
| § 30.518 - Can OWCP require the recipient of the overpayment to submit additional financial information? |
| § 30.519 - How does OWCP communicate its final decision concerning recovery of an overpayment? |
| § 30.520 - How are overpayments collected? |
| Survivors |
| § 30.500 - What special statutory definitions apply to survivors under EEOICPA? |
| § 30.501 - What order of precedence will OWCP use to determine which survivors are entitled to receive compensation under EEOICPA? |
| § 30.502 - When is entitlement for survivors determined for purposes of EEOICPA? |
| Subpart G - Special Provisions |
| Third Party Liability |
| § 30.605 - What rights does the United States have upon payment of compensation under EEOICPA? |
| § 30.606 - Under what circumstances must a recovery of money or other property in connection with an illness for which benefits are payable under EEOICPA be reported to OWCP? |
| § 30.607 - How is a structured settlement (that is, a settlement providing for receipt of funds over a specified period of time) treated for purposes of reporting the recovery? |
| § 30.608 - How does the United States calculate the amount to which it is subrogated? |
| § 30.609 - Is a settlement or judgment received as a result of allegations of medical malpractice in treating an illness covered by EEOICPA a recovery that must be reported to OWCP? |
| Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers |
| § 30.615 - What type of tort suits filed against beryllium vendors or atomic weapons employers may disqualify certain claimants from receiving benefits under Part B of EEOICPA? |
| § 30.616 - What happens if this type of tort suit was filed prior to October 30, 2000? |
| § 30.617 - What happens if this type of tort suit was filed during the period from October 30, 2000 through December 28, 2001? |
| § 30.618 - What happens if this type of tort suit was filed after December 28, 2001? |
| § 30.619 - Do all the parties to this type of tort suit have to take these actions? |
| § 30.620 - How will OWCP ascertain whether a claimant filed this type of tort suit and if he or she has been disqualified from receiving any benefits under Part B of EEOICPA? |
| Election of Remedy Against Beryllium Vendors and Atomic Weapons Employers |
| Effect of Tort Suits Against Beryllium Vendors and Atomic WeaponsEmployers |
| Coordination of Part E Benefits With State Workers' CompensationBenefits |
| Representation |
| § 30.600 - May a claimant designate a representative? |
| § 30.601 - Who may serve as a representative? |
| § 30.602 - Who is responsible for paying the representative's fee? |
| § 30.603 - Are there any limitations on what the representative may charge the claimant for his or her services? |
| Coordination of Part E Benefits With State Workers' Compensation Benefits |
| § 30.625 - What does “coordination of benefits” mean under Part E of EEOICPA? |
| § 30.626 - How will OWCP coordinate compensation payable under Part E of EEOICPA with benefits from state workers' compensation programs? |
| § 30.627 - Under what circumstances will OWCP waive the statutory requirement to coordinate these benefits? |
| Subpart H - Information for Medical Providers |
| Medical Records and Bills |
| § 30.700 - In general, what responsibilities do providers have with respect to enrolling with OWCP, seeking authorization to provide services, billing, and retaining medical records? |
| § 30.701 - How are medical bills to be submitted? |
| § 30.702 - How should an employee prepare and submit requests for reimbursement for medical expenses, transportation costs, loss of wages, and incidental expenses? |
| § 30.703 - What are the time limitations on OWCP's payment of bills? |
| Medical Fee Schedule |
| § 30.705 - What services are covered by the OWCP fee schedule? |
| § 30.706 - How are the maximum fees for professional medical services defined? |
| § 30.707 - How are payments to providers calculated? |
| § 30.708 - Does the fee schedule apply to every kind of procedure? |
| § 30.709 - How are payments for medicinal drugs determined? |
| § 30.710 - How are payments for inpatient medical services determined? |
| § 30.711 - How are payments for outpatient medical services determined? |
| § 30.712 - When and how are fees reduced? |
| § 30.713 - If OWCP reduces a fee, may a provider request reconsideration of the reduction? |
| § 30.714 - If OWCP reduces a fee, may a provider bill the employee for the balance? |
| Exclusion of Providers |
| § 30.715 - What are the grounds for excluding a provider from payment under this part? |
| § 30.716 - What will cause OWCP to automatically exclude a physician or other provider of medical services and supplies? |
| § 30.717 - When are OWCP's exclusion procedures initiated? |
| § 30.718 - How is a provider notified of OWCP's intent to exclude him or her? |
| § 30.719 - What requirements must the provider's response and OWCP's decision meet? |
| § 30.720 - How can an excluded provider request a hearing? |
| § 30.721 - How are hearings assigned and scheduled? |
| § 30.722 - How are subpoenas or advisory opinions obtained? |
| § 30.723 - How will the administrative law judge conduct the hearing and issue the recommended decision? |
| § 30.724 - How does a recommended decision become final? |
| § 30.725 - What are the effects of non-automatic exclusion? |
| § 30.726 - How can an excluded provider be reinstated? |
| Subpart I - Wage-Loss Determinations Under Part E of EEOICPA |
| Determinations of Average Annual Wage and Percentages of Loss |
| § 30.810 - How will OWCP calculate the average annual wage of a covered Part E employee? |
| § 30.811 - How will OWCP calculate the duration and extent of a covered Part E employee's initial period of compensable wage-loss? |
| § 30.812 - May a covered Part E employee claim for subsequent periods of compensable wage-loss? |
| General Provisions |
| § 30.800 - What types of wage-loss are compensable under Part E of EEOICPA? |
| § 30.801 - What special definitions does OWCP use in connection with Part E wage-loss determinations? |
| Evidence of Wage-Loss |
| § 30.805 - What are the criteria for eligibility for wage-loss benefits under Part E? |
| § 30.806 - What kind of medical evidence must the claimant submit to prove that he or she lost wages due to a covered illness? |
| § 30.807 - xxx |
| Special Rules for Certain Survivor Claims Under Part E of EEOICPA |
| § 30.815 - Are there special rules that OWCP will use to determine the extent of a deceased covered Part E employee's compensable wage-loss? |
| Subpart J - Impairment Benefits Under Part E of EEOICPA |
| Ratable Impairments |
| § 30.910 - Will an impairment that cannot be assigned a numerical percentage using the AMA's Guides be included in the impairment rating? |
| § 30.911 - Does maximum medical improvement always have to be reached for an impairment to be included in the impairment rating? |
| § 30.912 - Can a covered Part E employee receive benefits for additional impairment following an award of such benefits by OWCP? |
| Medical Evidence of Impairment |
| § 30.905 - How may an impairment evaluation be obtained? |
| § 30.906 - Who will pay for an impairment evaluation? |
| § 30.907 - Can an impairment evaluation obtained by OWCP be challenged prior to issuance of the recommended decision? |
| § 30.908 - How will the FAB evaluate new medical evidence submitted to challenge the impairment determination in the recommended decision? |
| General Provisions |
| § 30.900 - Who can receive impairment benefits under Part E? |
| § 30.902 - How will OWCP calculate the amount of the award of impairment benefits that is payable under Part E? |
| Ratable Medical Impairments |