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 D—Adjudicatory Process

20 C.F.R. § 30.305

How does OWCP determine entitlement to EEOICPA compensation?

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(a) In reaching a recommended decision with respect to EEOICPA compensation, OWCP considers the claim presented by the claimant, the factual and medical evidence of record, the dose reconstruction report prepared by NIOSH (if any), any report submitted by DOE and the results of such investigation as OWCP may deem necessary.

(b) The OWCP claims staff applies the law, the regulations and its procedures when it evaluates the medical evidence and the facts as reported or obtained upon investigation.

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3050, Feb. 8, 2019]
Notes of Decisions
Cited in 3 cases, 2007–2015 · leading case: Hayward v. United States Dep't of Labor, 536 F.3d 376 (5th Cir. 2008).
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Hayward v. United States Dep't of Labor, 536 F.3d 376 (5th Cir. 2008). “20 C.F.R. § 30.305 (a). The claimant can file objections within 60 days of the date of the recommended decision.”
Willingham v. Dep't of Labor, 475 F. Supp. 2d 607 (N.D. Tex. 2007). “20 C.F.R. § 30.305 (a). This decision contains findings of fact, conclusions of law, and an acceptance or rejection of the claim.”
Wuyscik v. United States Dep't of Labor, 126 F. Supp. 3d 507 (W.D. Pa. 2015). · cites it 3× “See 20 C.F.R. § 30.305 (the DOL is to apply the law, the regulations, and its procedures when evaluating eligibility under the Act).”
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