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 C—Eligibility Criteria

20 C.F.R. § 30.210

What are the criteria for eligibility for benefits relating to radiogenic cancer?

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(a) To establish eligibility for benefits for radiogenic cancer under Part B of EEOICPA, an employee or his or her survivor must show that:

(1) The employee has been diagnosed with one of the forms of cancer specified in § 30.5(gg); and

(i) Is a member of the Special Exposure Cohort (as described in § 30.214(a) of this subpart) who, as a civilian DOE employee or civilian DOE contractor employee, contracted the specified cancer after beginning employment at a DOE facility; or

(ii) Is a member of the Special Exposure Cohort (as described in § 30.214(a) of this subpart) who, as a civilian atomic weapons employee, contracted the specified cancer after beginning employment at an atomic weapons employer facility (as defined in § 30.5(e)); or

(2) The employee has been diagnosed with cancer; and

(i)(A) Is/was a civilian DOE employee who contracted that cancer after beginning employment at a DOE facility; or

(B) Is/was a civilian DOE contractor employee who contracted that cancer after beginning employment at a DOE facility; or

(C) Is/was a civilian atomic weapons employee who contracted that cancer after beginning employment at an atomic weapons employer facility; and

(ii) The cancer was at least as likely as not related to the employment at the DOE facility or atomic weapons employer facility; or

(3) The employee has been diagnosed with an injury, illness, impairment or disease that arose as a consequence of the accepted cancer.

(b)(1) To establish eligibility for benefits for radiogenic cancer under Part E of EEOICPA, an employee or his or her survivor must show that:

(i) The employee has been diagnosed with cancer; and

(A) Is/was a civilian DOE contractor employee or a civilian RECA section 5 uranium worker who contracted that cancer after beginning employment at a DOE facility or a RECA section 5 facility; and

(B) The cancer was at least as likely as not related to exposure to a toxic substance of a radioactive nature at a DOE facility or a RECA section 5 facility; and

(C) It is at least as likely as not that the exposure to such toxic substance(s) was related to employment at a DOE facility or a RECA section 5 facility; or

(ii) The employee has been diagnosed with an injury, illness, impairment or disease that arose as a consequence of the accepted cancer.

(2) Eligibility for benefits for radiogenic cancer under Part E in a claim that has previously been accepted under Part B pursuant to the Special Exposure Cohort provisions is described in § 30.230(a) of these regulations.

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3049, Feb. 8, 2019; 86 FR 46778, Aug. 20, 2021]
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2020–2026 · leading case: Young v. United States Dep't of Labor (D.D.C. 2021).
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Young v. United States Dep't of Labor (D.D.C. 2021). · cites it 4× “1 This begins with the “dose reconstruction” process, which involves estimating the amount of radiation to which an employee was exposed while 1 The Court notes that the version of 20 C.F.R. § 30.210 in the 2020 annual edition of the Code of Federal Regulations (“CFR”)—which…”
Reif v. U.S. Dep't of Labor (D.D.C. 2026). · cites it 3× “§§ 7384n(b), 7384(a)(1), (b); see also 20 C.F.R. § 30.210 . Under Part E, certain DOE contractor employees can receive up to $250,000 based on impairment or wage loss due to covered illnesses related to toxic exposure at a DOE facility.”
Young v. United States Dep't of Labor (D.D.C. 2020). · cites it 2× “2 The Court notes that the version of 20 C.F.R. § 30.210 in Westlaw does not accurately reflect the Code of Federal Regulations (“CFR”) published in the Federal Register.”
Still v. United States Dep't of Labor (D.D.C. 2020). “20 C.F.R. § 30.210 . To determine whether it is “at least as likely as not” that a DOE employee’s illness was related to his employment at a DOE facility, OWCP transfers relevant information about the employee to NIOSH to perform a “dose reconstruction.”
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