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News from the Department of Labor – Revised Procedure Manual and Advisory Board Meeting Access Information

April 13, 2021

April 13, 2021

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Industry News

Department of Labor’s Division of Energy Employees Occupational Illness Compensation (DEEOIC) revised their Procedure Manual last week. There are three changes that affect the claims process.

DEEOIC clarifies what is required from a claimant who files a claim under the K-25 Special Exposure Cohort class if they were employed between 12/1987 and 02/1/1992.  Department of Energy documents show that uranium processing was halted at K-25 during those years.

From 12/1987 through 02/1/1992, SEC class coverage for a K-25 employee must either document his or her radiation monitoring with a dosimetry badge or establish that the employee had exposures comparable to a job that was monitored through the use of a dosimetry badge. During this period at K-25, the CE cannot assume that the employee had exposures to radiation comparable to a job that was monitored with a dosimetry badge.

DEEOIC Removed the role of consulting with DEEOIC’s contract medical consultant if the medical evidence supporting a claim is unclear.  The claims examiner will seek the clarification from the personal physician only.

Certain tests are required to be provided when filing for impairment for workers with chronic obstructive pulmonary disease, asbestosis, or other chronic respiratory conditions.  The testing must be done within the previous twelve months before filing the claim.  Previously, there were no exceptions.  The update now allows that in certain and limited instances those tests will not be necessary.  That would include the medical inability of a patient to perform the test or the unavailability of recent test results due to the death of the employee. The evidence and testing needed before impairment rating can take place are:

  • A note from Physician with the following information.
  • Current symptoms.
  • Physical exam findings of the area(s) affected.
  • Current treatment(s) including prescriptions.
  • Pulmonary Function Test (PFT) with DLCO with pre/post bronchodilator.

The Advisory Board on Toxic Substances and Worker Health will hold a teleconference on April 22-23, 2021.  The information on how to listen is found below.