U.S. Code » Title 42 » Chapter CHAPTER 84— DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER XVI— ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part Part B— Program Administration

42 U.S.C. § 7384s

Compensation and benefits to be provided

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(a) Compensation provided(1) Except as provided in paragraph (2), a covered employee, or the survivor of that covered employee if the employee is deceased, shall receive compensation for the disability or death of that employee from that employee’s occupational illness in the amount of $150,000.(2) A covered employee shall, to the extent that employee’s occupational illness is established beryllium sensitivity, receive beryllium sensitivity monitoring under subsection (c) in lieu of compensation under paragraph (1).(b) Medical benefits

A covered employee shall receive medical benefits under section 7384t of this title for that employee’s occupational illness.

(c) Beryllium sensitivity monitoringAn individual receiving beryllium sensitivity monitoring under this subsection shall receive the following:(1) A thorough medical examination to confirm the nature and extent of the individual’s established beryllium sensitivity.(2) Regular medical examinations thereafter to determine whether that individual has developed established chronic beryllium disease.(d) Payment from compensation fund

The compensation provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under section 7384e of this title.

(e) Payments in the case of deceased persons(1) In the case of a covered employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the covered employee’s occupational illness, such payment may be made only as follows:(A) If the covered employee is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.(B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the covered employee who are living at the time of payment.(C) If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to the parents of the covered employee who are living at the time of payment.(D) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of the covered employee who are living at the time of payment.(E) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment shall be made in equal shares to the grandparents of the covered employee who are living at the time of payment.(F) Notwithstanding the other provisions of this paragraph, if there is—(i) a surviving spouse described in subparagraph (A); and(ii) at least one child of the covered employee who is living and a minor at the time of payment and who is not a recognized natural child or adopted child of such surviving spouse,then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the covered employee who is living and a minor at the time of payment.(2) If a covered employee eligible for payment dies before filing a claim under this subchapter, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment.(3) For purposes of this subsection—(A) the “spouse” of an individual is a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual;(B) a “child” includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child;(C) a “parent” includes fathers and mothers through adoption;(D) a “grandchild” of an individual is a child of a child of that individual; and(E) a “grandparent” of an individual is a parent of a parent of that individual.(f) Effective date

This section shall take effect on July 31, 2001, unless Congress otherwise provides in an Act enacted before that date.

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3628], Oct. 30, 2000, 114 Stat. 1654, 1654A–506; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(A), Dec. 28, 2001, 115 Stat. 1372.)Editorial NotesAmendments

2001—Subsec. (e). Pub. L. 107–107 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows:

“(1) Subject to the provisions of this section, if a covered employee dies before the effective date specified in subsection (f) of this section, whether or not the death is a result of that employee’s occupational illness, a survivor of that employee may, on behalf of that survivor and any other survivors of that employee, receive the compensation provided for under this section.

“(2) The right to receive compensation under this section shall be afforded to survivors in the same order of precedence as that set forth in section 8109 of title 5.”

Statutory Notes and Related SubsidiariesEffective Date of 2001 Amendment

Amendment by Pub. L. 107–107 effective July 1, 2001, see section 3151(a)(4)(D) of Pub. L. 107–107, set out as a note under section 7384l of this title.

Notes of Decisions
Cited in 25 cases (2 in the last 5 years), 2004–2025 · leading case: Berry v. United States Dep't of Labor, 832 F.3d 627 (6th Cir. 2016).
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Berry v. United States Dep't of Labor, 832 F.3d 627 (6th Cir. 2016). “” 42 U.S.C. § 7384s(a)(l). To claim benefits under Part B, a person must file a claim with the Office of Workers’ Compensation Programs (OWCP), submitting evidence verifying employment at a “DOE facility,” as well as a recognized occupational illness.”
Harger v. Dep't of Labor, 569 F.3d 898 (9th Cir. 2009). “3 42 U.S.C. § 7384s; see generally id. §§ 7384 Z-7384w-l.”
Hammond ex rel. Est. of Hammond v. United States, 142 F. Supp. 3d 436 (D.S.C. 2015). · cites it 3× ““42 U.S.C. § 7384s(a)-(b). Part E of the EEOICPA provides additional compensation to certain DOE contractor employeés or their eligible survivors for permanent impairment and/or wage loss due to a covered illness resulting from work-related exposure to a toxic substance at a DOE…”
Opal Harger v. Dep't of Labor, 560 F.3d 1071 (9th Cir. 2009). “3 42 U.S.C. § 7384s; see generally id. §§ 73841-7384w-l.”
Gomez v. United States, 459 F. App'x 701 (10th Cir. 2012). “42 U.S.C. § 7384s(a)-(b). If the covered employee is deceased at the time of payment of compensation, payment is made instead to his survivor.”
Lanier v. U.S. Dep't of Labor, 296 F. Supp. 3d 834 (W.D. Ky. 2017). “42 U.S.C. §§ 7384s(a)(1), 73841(7), 73841(15).”
Smith v. United States Dep't of Labor, 928 F. Supp. 2d 1236 (D. Nev. 2012). “As a result, Petitioner Smith was not entitled to compensation as Floyd Smith’s survivor under 42 U.S.C. §§ 7384s(a)(l) and 7384n(b). On October 14, 2008, Final Adjudication Branch received a letter from Smith objecting to the recommended decision and requesting a hearing.”
Fitz Vs. Maiss (Nev. 2021). · cites it 4× “Nor was there any other record support for the proposition— instead all relevant compensation rights seem to pass to Fitz outside probate, see 42 U.S.C. §§ 7384s(e)(1)(A), 7385s-3(c)(1), the exact context in which the parties negotiated the agreement in question.”
In Re Luttrell, 313 B.R. 751 (Bankr. E.D. Tenn. 2004). · cites it 4× “See 42 U.S.C.A. § 7384s; 20 C.F.R. 30.500 (2004) (defining survivors for the purpose of the compensation fund).”
Wuyscik v. United States Dep't of Labor, 126 F. Supp. 3d 507 (W.D. Pa. 2015). · cites it 2× “505 (c), as well as 42 U.S.C. § 7384s(e)(l)(B), 14 in arguing that the DOL erred when it closed Mrs.”
Jordan v. United States Dep't of Labor, 352 F. App'x 187 (9th Cir. 2009). · cites it 2× “42 U.S.C. § 7384s(a)(l). When the covered claimant is deceased and there is no surviving spouse, the payment “shall be made in equal shares to all children of the covered employee who are living at the time of payment.”
Wuyscik v. United States Dep't of Labor Div. of Energy Employees Occupational Illness Claims, 649 F. App'x 276 (3rd Cir. 2016). “42 U.S.C. § 7384s; see generally § 7384. The Act works this way: in most exposure cases, an individual or survivor must file a claim with the DOL’s Office of Workers’ Compensation Programs (OWCP).”
Show all 25 citing cases →
— 42 U.S.C. § 7384s(a) — 9 cases
Gomez v. United States, 459 F. App'x 701 (10th Cir. 2012). “42 U.S.C. § 7384s(a)-(b). If the covered employee is deceased at the time of payment of compensation, payment is made instead to his survivor.”
Hammond ex rel. Est. of Hammond v. United States, 142 F. Supp. 3d 436 (D.S.C. 2015). ““42 U.S.C. § 7384s(a)-(b). Part E of the EEOICPA provides additional compensation to certain DOE contractor employeés or their eligible survivors for permanent impairment and/or wage loss due to a covered illness resulting from work-related exposure to a toxic substance at a DOE…”
Hobson v. Zep, Inc. (E.D.N.Y 2020).
Faine v. Zep, Inc. (E.D.N.Y 2020).
Torre v. Associated Universities, Inc. (E.D.N.Y 2020).
— 42 U.S.C. § 7384s(a)(1) — 1 case
Lanier v. U.S. Dep't of Labor, 296 F. Supp. 3d 834 (W.D. Ky. 2017). “42 U.S.C. §§ 7384s(a)(1), 73841(7), 73841(15).”
— 42 U.S.C. § 7384s(a)(l) — 5 cases
Berry v. United States Dep't of Labor, 832 F.3d 627 (6th Cir. 2016). “” 42 U.S.C. § 7384s(a)(l). To claim benefits under Part B, a person must file a claim with the Office of Workers’ Compensation Programs (OWCP), submitting evidence verifying employment at a “DOE facility,” as well as a recognized occupational illness.”
Smith v. United States Dep't of Labor, 928 F. Supp. 2d 1236 (D. Nev. 2012). “As a result, Petitioner Smith was not entitled to compensation as Floyd Smith’s survivor under 42 U.S.C. §§ 7384s(a)(l) and 7384n(b). On October 14, 2008, Final Adjudication Branch received a letter from Smith objecting to the recommended decision and requesting a hearing.”
In Re Luttrell, 313 B.R. 751 (Bankr. E.D. Tenn. 2004). “See 42 U.S.C.A. § 7384s; 20 C.F.R. 30.500 (2004) (defining survivors for the purpose of the compensation fund).”
Jordan v. United States Dep't of Labor, 352 F. App'x 187 (9th Cir. 2009). “42 U.S.C. § 7384s(a)(l). When the covered claimant is deceased and there is no surviving spouse, the payment “shall be made in equal shares to all children of the covered employee who are living at the time of payment.”
Jordan v. United States Dep't of Labor, 352 F. App'x 187 (9th Cir. 2009).
— 42 U.S.C. § 7384s(e)(1)(A) — 2 cases
Hammond ex rel. Est. of Hammond v. United States, 142 F. Supp. 3d 436 (D.S.C. 2015). ““42 U.S.C. § 7384s(a)-(b). Part E of the EEOICPA provides additional compensation to certain DOE contractor employeés or their eligible survivors for permanent impairment and/or wage loss due to a covered illness resulting from work-related exposure to a toxic substance at a DOE…”
Fitz Vs. Maiss (Nev. 2021). “Nor was there any other record support for the proposition— instead all relevant compensation rights seem to pass to Fitz outside probate, see 42 U.S.C. §§ 7384s(e)(1)(A), 7385s-3(c)(1), the exact context in which the parties negotiated the agreement in question.”
— 42 U.S.C. § 7384s(e)(1)(B) — 2 cases
Hammond ex rel. Est. of Hammond v. United States, 142 F. Supp. 3d 436 (D.S.C. 2015). ““42 U.S.C. § 7384s(a)-(b). Part E of the EEOICPA provides additional compensation to certain DOE contractor employeés or their eligible survivors for permanent impairment and/or wage loss due to a covered illness resulting from work-related exposure to a toxic substance at a DOE…”
Fitz Vs. Maiss (Nev. 2021). “Nor was there any other record support for the proposition— instead all relevant compensation rights seem to pass to Fitz outside probate, see 42 U.S.C. §§ 7384s(e)(1)(A), 7385s-3(c)(1), the exact context in which the parties negotiated the agreement in question.”
— 42 U.S.C. § 7384s(e)(l)(A) — 1 case
In Re Luttrell, 313 B.R. 751 (Bankr. E.D. Tenn. 2004). “See 42 U.S.C.A. § 7384s; 20 C.F.R. 30.500 (2004) (defining survivors for the purpose of the compensation fund).”
— 42 U.S.C. § 7384s(e)(l)(B) — 3 cases
Wuyscik v. United States Dep't of Labor, 126 F. Supp. 3d 507 (W.D. Pa. 2015). “505 (c), as well as 42 U.S.C. § 7384s(e)(l)(B), 14 in arguing that the DOL erred when it closed Mrs.”
Jordan v. United States Dep't of Labor, 352 F. App'x 187 (9th Cir. 2009). “42 U.S.C. § 7384s(a)(l). When the covered claimant is deceased and there is no surviving spouse, the payment “shall be made in equal shares to all children of the covered employee who are living at the time of payment.”
Jordan v. United States Dep't of Labor, 352 F. App'x 187 (9th Cir. 2009).
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