§7385s–4 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Count a Part B finding that a DOE contractor worker is eligible for compensation as proof the worker got that illness from exposure at a DOE facility. Also count a panel’s positive finding under section 7385o(d) that the Secretary accepts under section 7385o(e)(2), or a panel’s negative finding that the Secretary finds significant evidence against under section 7385o(e)(2), as proof of DOE exposure. If those do not apply, the Secretary must decide. The Secretary must find, by the "at least as likely as not" standard, that DOE toxic exposure both significantly caused or worsened the illness and was related to the worker’s DOE job. If a spouse or child applies, the Secretary must make this decision about the worker even if the family member is not a covered spouse or child.

Title 42, §7385s–4

The Public Health and Welfare — Source: USLM XML via OLRC

(a)A determination under part B that a Department of Energy contractor employee is entitled to compensation under that part for an occupational illness shall be treated for purposes of this part as a determination that the employee contracted that illness through exposure at a Department of Energy facility.

(b)In the case of a covered illness of an employee with respect to which a panel has made a positive determination under section 7385o(d) of this title and the Secretary of Energy has accepted that determination under section 7385o(e)(2) of this title, or with respect to which a panel has made a negative determination under section 7385o(d) of this title and the Secretary of Energy has found significant evidence to the contrary under section 7385o(e)(2) of this title, that determination shall be treated for purposes of this part as a determination that the employee contracted the covered illness through exposure at a Department of Energy facility.

(c)(1)In any other case, a Department of Energy contractor employee shall be determined for purposes of this part to have contracted a covered illness through exposure at a Department of Energy facility if—

(A)it is at least as likely as not that exposure to a toxic substance at a Department of Energy facility was a significant factor in aggravating, contributing to, or causing the illness; and

(B)it is at least as likely as not that the exposure to such toxic substance was related to employment at a Department of Energy facility.

(2)A determination under paragraph (1) shall be made by the Secretary.

(d)If a spouse or child of a Department of Energy contractor employee applies for benefits under this part, the Secretary shall make a determination under this section with respect to that employee without regard to whether the spouse is a “covered spouse”, or the child is a “covered child”, under this part.

Editorial Notes

References in Text

section 7385o of this title, referred to in subsec. (b), was repealed by Pub. L. 108–375, div. C, title XXXI, § 3162(i), Oct. 28, 2004, 118 Stat. 2186.

§7385s–4 Determinations regarding contraction of covered illnesses

Summary

Title 42, §7385s–4

Notes & Related Subsidiaries

Editorial Notes

References in Text

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