C.F.R. » Title 20 » CHAPTER I—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER C—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000 › PART 30—CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED › Subpart B—Filing Claims; Evidence and Burden of Proof; Special Procedures for Certain Cancer Claims

20 C.F.R. § 30.115

For those radiogenic cancer claims that do not seek benefits under Part B of the Act pursuant to the Special Exposure Cohort provisions, what will OWCP do once it determines that an employee contracted cancer?

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(a) Other than claims seeking benefits under Part E of the Act that have previously been accepted under section 7384u of the Act or claims previously accepted under Part B pursuant to the Special Exposure Cohort provisions, OWCP will forward the claim package (including, but not limited to, Forms EE-1, EE-2, EE-3, EE-4 and EE-5, as appropriate) to NIOSH for dose reconstruction. At that point in time, development of the claim by OWCP may be suspended.

(1) This package will include OWCP's initial findings in regard to the diagnosis and date of diagnosis of the employee, as well as any employment history compiled by OWCP (including information such as dates and locations worked, and job titles). The package, however, will not constitute either a recommended or final decision by OWCP on the claim.

(2) NIOSH will then reconstruct the radiation dose of the employee and provide the claimant and OWCP with the final dose reconstruction report. The final dose reconstruction record will be delivered to OWCP with the final dose reconstruction report and to the claimant upon request.

(b) Following its receipt of the final dose reconstruction report from NIOSH, OWCP will resume its adjudication of the cancer claim and consider whether the claimant has met the eligibility criteria set forth in subpart C of this part. However, during the period before it receives a reconstructed dose from NIOSH, OWCP may continue to develop other aspects of a claim, to the extent that it deems such development to be appropriate.

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3048, Feb. 8, 2019]
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2009–2026 · leading case: Harger v. Dep't of Labor, 569 F.3d 898 (9th Cir. 2009).
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Harger v. Dep't of Labor, 569 F.3d 898 (9th Cir. 2009). “20 C.F.R. § 30.115 (b); see also 42 U.S.C.”
Opal Harger v. Dep't of Labor, 560 F.3d 1071 (9th Cir. 2009). “20 C.F.R. § 30.115 (b); see also 42 U.S.C.”
Still v. United States Dep't of Labor (D.D.C. 2020). “” See 20 C.F.R. § 30.115 . Dose reconstructions are “reasonable estimates of the radiation doses received by individuals .”
Young v. United States Dep't of Labor (D.D.C. 2021). “11 ; 20 C.F.R. § 30.115 (a). In essence, it is presumed that occupational radiation more likely than not caused such a worker’s cancer.”
Reif v. U.S. Dep't of Labor (D.D.C. 2026). “20 C.F.R. § 30.115 . The Institute performs a “dose reconstruction”—that is, a “reasonable estimate[] of the radiation doses received by” the claimant.”
Opal Harger v. Dep't of Labor (9th Cir. 2009). “20 C.F.R. § 30.115 (b); see also 42 U.S.C.”
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