§7385s–4 Determinations Regarding Contraction of Covered Illnesses

Summary

If a Department of Energy (DOE) contractor worker already got compensation under Part B for a job-related illness, that decision counts here as proof the illness came from exposure at a DOE site. The same is true when a panel made a positive finding under section 7385o(d) and the Secretary accepted it, or when the panel made a negative finding but the Secretary found significant evidence to the contrary under section 7385o(e)(2). For other cases, the worker is considered to have a covered illness from DOE exposure only if both are true: it is at least as likely as not that a toxic exposure at a DOE facility significantly caused or worsened the illness, and it is at least as likely as not that the exposure was related to the worker’s DOE job. The Secretary must make this decision. If a spouse or child applies for benefits, the Secretary must make the same decision about the employee even if the spouse or child would not otherwise be a “covered” family member.