Advisory Board Recommends Changes to EEOICPA

Toxic Substances and Worker Health Advisory Board Recommends EEOICPA Changes

Last week the Toxic Substances and Worker Health Advisory Board met for their first public meeting. Throughout the meeting they held various discussions regarding the EEOICPA Claim Process, eligibility for an EEOICPA Claim, and took the first ever public feedback on the EEOICPA Process. During the public comments, the advisory board learned about some of the improvements that can be made in the EEOICPA Claim process. Please note, that the following are simply reccomendations, no official changes have been made as of the writing of this post.  To read the official recommendations visit the Regulations.gov website.

Some of the recommended changes include the following:

• If your only proof of employment is a written affidavit or declaration by an employee, survivor, or other person then your claim may be examined by the Office of Workers Compensation Programs.
• Due to difficulty proving causation of occupational illness the DOE should accept written medical evidence where the physician describes “the reasoning for their opinion regarding causation”.
• Claimants should be able to change physicians without approval of the Office of Workers Compensation Programs.
• The board is concerned that changes may unnecessarily limit benefits to beryllium-exposed workers who should be eligible for the EEOICPA Program.
• If the illness harmed retirement savings or wage loss then the employee should be compensated for that loss.
• Workers who were involved in delivering hazardous materials should be included in coverage of EEOICPA.

While no changes were officially approved, the advisory board reports directly to the Secretary of Labor. To learn more about any official changes in the EEOICPA Program keep track of our blog. If at any time you have questions about the EEOICPA Process or any potential changes, you can contact our firm by calling (513) 651-3700 or email us at [email protected]

Information on EEOICPA Public Comments

This week the Department of Labor will be hosting the first Meeting of the Advisory Board on Toxic Substances and Worker Health. During the three day meeting, there will be time available for public comments. The meetings will take place in the US. Department of Labor’s Frances Perkins Building from 8:00am – 6:00pm on Tuesday & Wednesday, and 8:00am – 3:00pm on Thursday.

The public meeting is the first time that the Advisory Board on Toxic Substances and Worker Health has ever met. The purpose of this meeting is to introduce the board members to the EEOICP Law, logistics, implementation, and listen to public comments. Additionally, they will discuss organizing future board meetings, committees, and logistics. You can read a full copy of the agenda at the Department of Labor’s website.

Additionally, the Advisory Board will be making all of the documents and presentations available to the public. These documents include: overview of EEOICP, Benefits, statistics, and other reports. You can also find these documents on the Department of Labor’s website.

Public Comments Information

Post Life Medical Opinions May Validate EEOICPA Claim

Recently, the Department of Labor clarified that a deceased person who was misdiagnosed may still be eligible for an EEOICPA Claim.

As long as your lost loved one is still eligible for an EEOICPA Cancer Claim, by working at an approved SEC site for at least 250 days and the post-life diagnosis is one of the approved cancers, then you can file an EEOICPA Claim.

Even though this option is available to all, it does not guarantee that the Department of Labor will approve the post-life cancer diagnosis. The most likely way to have the claim approved would be to keep detailed documentation of the doctor visits, screenings, and medical records. After you gather that documentation, contact a local cancer clinic or your family physician and ask if your deceased loved one may have been wrongfully diagnosed.

If your doctor believes that your loved one should have been diagnosed with one of the EEOICPA approved cancers, ask your doctor to provide in writing the best medical documentation as to why your loved one should have been diagnosed with cancer.

After you have medical opinions backing your EEOICPA Claim, or have any questions regarding a potential claim, please contact our firm by calling (513) 945-1939 or filling out the form below.

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EEOICPA Rule Changes – Public Comment Time Expanded

Earlier this week the Department of Labor announced that they are extending the comment period for a set of proposed rule changes to the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA). Part of the expanded public comment period is for the newly established EEOCIPA Advisory Board to hear the public comments during their meeting on April 26th – 28th. Public comments will be open until May 9th.

A bipartisan group of Senators wrote letters to the Labor Secretary, Thomas Perez, voicing their concerns for some of the proposed changes in the EEOICPA Process. Senator Tom Udall of New Mexico stated: “EEOICPA has been plagued with bureaucratic hurdles and delays for years, and I’m concerned that the Department of Labor’s latest rule change will just add more steps to the process and make it harder for sick workers to prove a case.” Udall said. “Extending the public comment period is a positive sign, and I encourage all New Mexicans to weigh in. But we also need to make sure the new Advisory Board on Toxic Substances and Worker Health has a chance to review the program before any major changes occur.”

The proposed changes include many clarifications on definitions with the intention of creating a more consistent process among those who handle EEOICPA Claims. Additionally, some smaller changes regarding signatures from medical practitioners, reopening claims based upon new medical evidence, and more specification on what medical benefits Part E claims will pay for.

To read the complete list of proposed changes, please read the article on the Federal Register. Please note that none of these changes are final or official.

If you have any opinions on the proposed changes please contact the EEOICPA Advisory Board by emailing them at [email protected] or by phone at (202)-343-5580 before May 9th.

Tennessee EEOICPA Compensation is $2billion

Earlier this month Tennessee became the first state in the country to have claimants earn more than $2 billion total from EEOICPA Payments. The Department of Labor considers the money going toward a state if the approved SEC site is located in that state. Tennessee has a large amount of approved SEC sites that reside in the state, many of which were located in or around Oak Ridge.

Approved SEC Sites in Tennessee

• Clarksville Modification Center
• Clinton Engineer Works
• Oak Ridge Hospital
• Oak Ridge National Laboratory (X-10)
• W.R Grace
• Y-12 Plant

Having earned over $2 billion for workers in approved SEC sites in Tennessee is a huge milestone. It also means that Tennessee has earned 1/6th of the total EEOICPA distributed funds. In total, the EEOICPA program has paid out over $12 billion in total compensations and medical bills paid throughout the country.

If you or a loved one worked at one of the above plants and has been diagnosed with one of the SEC Approved Cancers you may qualify for EEOICPA compensation. If you have any questions regarding the EEOICPA Process or whether you qualify for funding, please contact us by filling out the form below, via email ([email protected]), or by phone (513) 651-3700.

Our expert and streamlined efforts help improve the speed and quality of EEOICPA compensations. As always, you will not be charged any legal fees unless you have a successful claim.

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EEOICPA Advisory Board to Hold First Meeting

The EEOICPA Advisory Board was established by President Barack Obama and Secretary of Labor Thomas Perez in July of 2015. After nearly a year of establishing rules, regulations, and recruiting a highly qualified board, they are prepared to host their first public meeting on April 26th, 27th, and 28th of 2016. While the meeting will be open to the public, instructions on you can you participate digitally will be released no later than 72 hours before the start of the meeting.

The purpose of the EEOICPA Advisory Board is to advise the Secretary of Labor, Thomas Perez, on the technical aspects and ways the EEOICPA program can be improved. Some examples of what they will be working on include:

• Creating a better Site Exposure Matrices (SEM) Database
• Medical guidance for the claim examiners
• Creating stronger consistency between staff, consultants, and industrial workers

The board is required to meet twice a year and will continue to remain open to the public. Please continue to follow our blog to learn more about the first EEOICPA Advisory Board meeting and other news related to EEOICPA Claims. For more information please read the Advisory Board Charter or view the Advisory Board website. 

EEOICPA Advisory Board Members

Scientific Community:
John M. Dement, Ph.D, CIH, Department of Community and Family Medicine, Duke University Medical Center
Mark Griffon, Retired, Creative Pollution Solutions, Inc.
Kenneth Z. Silver, D.Sc., S.M., East Tennessee State University
George Friedman-Jimenez, MD, Dr.Ph., Bellevue Hospital Center, NYU School of Medicine
Leslie I. Boden, Ph.D, Department of Environmental Health, Boston University School of Public Health

Medical Community:
CHAIR: Steven Markowitz, MD. Dr.Ph., Queens College, CUNY School of Public Health
Laura S. Welch, MD, Center for Construction Research and Training
Rosemary K. Sokas, MD, MPH, M.Sc., Georgetown University School of Nursing and Health Studies
Carrie A. Redlich, MD, MPH, Yale School of Medicine
Victoria A. Cassano, MD, MPH, Performance Medicine Consulting

Claimant community:
Duronda M. Pope, United Steelworkers
Kirk D. Domina, Hanford Atomic Metal Trades Council
Garry M. Whitley, Worker Health Protection Program, Atomic Trades and Labor Council
James H. Turner, Retired, Rocky Flats Nuclear Weapons Facility
Faye Vlieger, Claimant Advocate; Chair, DEEOIC Interim Advisory Board (DIAB)(volunteer organization)