[Congressional Record Volume 148, Number 125 (Monday, September 30, 2002)]
[Extensions of Remarks]
[Pages E1688-E1689]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SUMMARY OF DRAFT NUCLEAR WORKERS COMPENSATION IMPROVEMENT AMENDMENTS

                                 ______
                                 

                          HON. TED STRICKLAND

                                of ohio

                    in the house of representatives

                      Thursday, September 26, 2002

  Mr. STRICKLAND. Mr. Speaker, I include the following for the Record.

    TITLE I--WORKER COMPENSATION BENEFITS FOR DEPARTMENT OF ENERGY 
            CONTRACTOR EMPLOYEES EXPOSED TO TOXIC SUBSTANCES

       Overview: Title I revises EEOICPA Subtitle D (as currently 
     enacted) to designate the Department of Labor (DOL) as the 
     ``willing payor'' for disability claims for occupational 
     illnesses arising out of employment at DOE facilities, 
     instead of having the Department of Energy ``assist'' 
     claimants with state worker compensation claims. DOL would 
     evaluate disability and adjust payments accordingly. Without 
     a uniform process to pay meritorious claims, it is possible 
     that nearly half of the claims will have no ``willing 
     payor.'' Payment would match FECA levels of benefits, and use 
     the same administrative processes now used by the DOL for 
     radiation, beryllium and silica claims. Payments come from 
     EEOICPA Fund as direct spending. Eliminates MOAs with states.
       Section 3662--DOE Physician's Panels (appointed by HHS) 
     will determine causation, based on DOE's Final Rule issued 
     August 14, 2002. Authorizes DOE to send meritorious claims 
     for payment to the DOL, instead of ``assisting'' claimants 
     with state worker compensation systems. Authorizes the DOE to 
     provide medical tests and exposure assessments required by 
     Physicians Panel, and requires outreach. Retains the portions 
     of DOE's final rule that will continue to apply to these 
     amendments. DOE will adjudicate disputes of adverse Physician 
     Panel findings.
       Section 3663--Authorizes DOL to administer payment of 
     disability and medical benefits that have been approved by 
     DOE's Physicians Panel. Claims administered using the FECA to 
     set level of benefits for partial and total disability, plus 
     medical and survivor benefits. Benefits paid from EEOICPA 
     Fund as direct spending. DOL will adjudicate disputes over 
     amount of payments and degree of disability, but not disputes 
     over causation. DOL to expand list of organs or physiological 
     systems covered in its existing FECA rules to address the DOE 
     claims.
       Section 3664--Claims administered through a non-adversarial 
     system and no statutes of limitations (same as Subtitle B 
     claims).
       Section 3665--DOL will reduce payments by the amounts that 
     are being paid in a state worker comp proceeding.
       Section 3666--DOL cannot recover costs from a contractor, 
     state or insurer for benefits provided in this Title.
       Section 3667--Benefits are tax exempt and cannot be offset 
     against certain other federal programs, such as housing and 
     transitional assistance payments.
       Section 3668--Benefits cannot be offset from private 
     insurance policies.


       Section 3669--Convicted felons forfeiture of benefits.
       Section 3670--This will be an exclusive remedy against the 
     U.S. government or a contractor acting in its capacity as an 
     employer, except for intentional torts or state worker comp.
       Section 3671--For claimants who have received $150,000 lump 
     sum for an illness, and is disabled and wants to file under 
     Subtitle D, they can receive wage replacement benefits 
     reduced by the $150,000 lump sum. This would form a wrap 
     around payment. However, claimants cannot collect two sets of 
     benefits for the same illness.
       Section 3672--Compensation and claims for compensation are 
     exempt from claims of creditors.

TITLE II--AMENDMENTs RELATING TO SUBTITLE B OF THE EEOICPA (RADIATION, 
                           BERYLLIUM, SILICA)

       Overview: This section adds two illnesses related to 
     uranium and beryllium, provides a means for incorporating 
     latest science for listing radiogenic cancers, provides for 
     an ombudsman to assist claimants, authorizes expanded dates 
     of coverage for beryllium and atomic weapons vendors where 
     there is significant residual contamination and NIOSH has 
     issued recommended dates of coverage, sets forth time limits 
     on dose reconstruction and Special Exposure Cohort petitions, 
     and makes some improvements to the NIOSH IREP Model.
       Section 201--Adds chronic renal disease as a covered 
     illness eligible for lump sum payments for workers employed 
     for at least 1 year at a covered uranium facility. DOE will 
     define what are ``covered'' facilities based on whether the 
     facility processed, machined, forged or enriched uranium for 
     the DOE. RECA Amendments of 2002 currently provides a lump 
     sum benefit for uranium millers and transporters, and this 
     would provide parity.
       Section 202--Adds lung cancer to the list of covered 
     beryllium diseases. If the lung cancer arose 5 years after 
     first exposure to beryllium in the course of employment at a 
     covered facility, claimant would be eligible for lump sum 
     payment. Beryllium is classified as a known human carcinogen 
     with respect to lung cancer.
       Section 203--Sets 150 day deadline for NIOSH to complete 
     dose reconstruction, and 180 day deadline for NIOSH to 
     responding to Special Exposure Cohort petitions. Petitions 
     are granted if NIOSH fails to act within 180 day time frame.
       Section 204--Removes consideration of smoking in the NIOSH 
     Compensation model, and requires NIOSH to adjust its 
     compensation model to provide claimants with the benefit of 
     the doubt where there is reasonable scientific evidence to 
     justify compensation. Where there is scientific uncertainty, 
     model is now neutral.
       Section 205--Authorizes NIOSH to recommend to Congress 
     additional radiogenic cancers for the Special Exposure 
     Cohort. Provides for public review and comment.
       Section 206--Authorizes expanded dates of coverage for 
     beryllium vendors and atomic weapons employer facilities 
     based on the findings of the NIOSH Report to Congress 
     required in the FY 02 Defense Authorization Act. NIOSH is to 
     assess whether the presence of residual contamination from 
     DOE funded

[[Page E1689]]

     activities could have substantially contributed to or caused 
     the cancer or beryllium disease of a covered employee.

     Title III--Relief for Claimants Under Any Subtitle of the Act

       Section 301--When medical records necessary for processing 
     a claim cannot be produced by DOE or a DOE contractor, this 
     section authorizes DOE or DOL to consider affidavits (coupled 
     with other available information) in evaluating medical 
     evidence for a claim.
       Section 302--Requires that the Secretaries of DOL and DOE 
     maintain resource centers and outreach programs relating to 
     the availability of benefits until September 30, 2004. Or, in 
     the case of an under-served area, such center shall be 
     maintained until demand is exhausted.
       Section 303--Authorizes an Office of Ombudsman in the DOL 
     to assist claimants with all three agencies, and directs an 
     annual report to DOL and Congress on recommended 
     improvements. Appointment by Secretary of Labor.

     

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