U.S. Code » Title 42 » Chapter CHAPTER 84— DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER XVI— ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part Part E— Contractor Employee Compensation

42 U.S.C. § 7385s

Definitions

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In this part:(1) The term “covered DOE contractor employee” means any Department of Energy contractor employee determined under section 7385s–4 of this title to have contracted a covered illness through exposure at a Department of Energy facility.(2) The term “covered illness” means an illness or death resulting from exposure to a toxic substance.(3) The term “Secretary” means the Secretary of Labor.(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3671], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2178.)
Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 2008–2026 · leading case: Stephens v. U.S. Dep't of Labor, 571 F. Supp. 2d 186 (D.D.C. 2008).
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Stephens v. U.S. Dep't of Labor, 571 F. Supp. 2d 186 (D.D.C. 2008). “” 42 U.S.C. § 7385s. Stephens is a former employee of the Loral American Beryllium Company (“Loral American”), which manufactures beryllium products.”
Barrie v. United States Dep't of Labor, 597 F. Supp. 2d 1235 (D. Colo. 2009). · cites it 2× “” See 42 U.S.C. § 7385s — 4(c)(1). Where — as here — a claimant also seeks benefits for lost wages resulting from being unable to work due to a covered illness, the claimant bears the additional burden of submitting “rationalized medical evidence of sufficient probative value to…”
Adams v. U.S. Dep't of Labor, 360 F. Supp. 3d 320 (D.S.C. 2018). · cites it 3× “" See 42 U.S.C. § 7385s. "Contributing" is best defined as: "A factor that-though not the primary cause-plays a part in producing a result.”
Hammond ex rel. Est. of Hammond v. United States, 142 F. Supp. 3d 436 (D.S.C. 2015). “42 U.S.C. § 7385s. 5. If an employee is deceased at the tithe of payment of compensation under Part B dr Part E, such compensation may be paid only to the employee’s eligible survivor(s), as specified under each Part.”
Smith v. United States Dep't of Labor, 928 F. Supp. 2d 1236 (D. Nev. 2012). “” 42 U.S.C. § 7385s(2). A “toxic substance” is “any material that has the potential to cause illness or death because of its radioactive, chemical, or biological nature.”
Meridieth v. Chao, 723 F. Supp. 2d 1044 (E.D. Tenn. 2010). · cites it 2× “See 42 U.S.C. §§ 7385s, 7385s-l. On August 29, 2005, plaintiff filed a claim for benefits under Part E with the Department of Labor’s Office of Workers’ Compensation Programs (“OWCP”), claiming the condition of “asbestos related lung disease.”
Karapondo v. Dep't of Labor (D.D.C. 2020). “at 2 (citing 42 U.S.C. § 7385s); see Leiton Decl., Ex.”
Donald v. United States Enrichment Corp. (W.D. Ky. 2023). “] 42 U.S.C. § 7385s–6(a) (emphasis added). The Department of Labor’s final decision attached to the Complaint is dated July 18, 2019.”
Chavez v. U.S. Dep't of Labor (D.N.M. 2020). “42 U.S.C. § 7385s- 2(a)(1). This recommendation is based on the American Medical Association Guide to the Evaluation of Permanent Impairment (AMA Guide).”
Hobson v. Zep, Inc. (E.D.N.Y 2020). “42 U.S.C. § 7385s. Hammond v. United States, 2014 WL 1277892 , at *3-4 (D.”
Faine v. Zep, Inc. (E.D.N.Y 2020). “42 U.S.C. § 7385s. Hammond v. United States, 2014 WL 1277892 , at *3-4 (D.”
Torre v. Associated Universities, Inc. (E.D.N.Y 2020). “42 U.S.C. § 7385s. Hammond v. United States, 2014 WL 1277892 , at *3-4 (D.”
Show all 17 citing cases →
— 42 U.S.C. § 7385s(1) — 1 case
Adams v. U.S. Dep't of Labor, 360 F. Supp. 3d 320 (D.S.C. 2018). “" See 42 U.S.C. § 7385s. "Contributing" is best defined as: "A factor that-though not the primary cause-plays a part in producing a result.”
— 42 U.S.C. § 7385s(2) — 3 cases
Barrie v. United States Dep't of Labor, 597 F. Supp. 2d 1235 (D. Colo. 2009). “” See 42 U.S.C. § 7385s — 4(c)(1). Where — as here — a claimant also seeks benefits for lost wages resulting from being unable to work due to a covered illness, the claimant bears the additional burden of submitting “rationalized medical evidence of sufficient probative value to…”
Smith v. United States Dep't of Labor, 928 F. Supp. 2d 1236 (D. Nev. 2012). “” 42 U.S.C. § 7385s(2). A “toxic substance” is “any material that has the potential to cause illness or death because of its radioactive, chemical, or biological nature.”
Adams v. U.S. Dep't of Labor, 360 F. Supp. 3d 320 (D.S.C. 2018). “" See 42 U.S.C. § 7385s. "Contributing" is best defined as: "A factor that-though not the primary cause-plays a part in producing a result.”
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