Current through September 30, 2024
Section 30.210 - What are the criteria for eligibility for benefits relating to radiogenic cancer?(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