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5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C. 7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-2009, 74 FR 58834.
71 FR 78534, Dec. 29, 2006, unless otherwise noted.
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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]