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U.S. Department of Labor
Employment Standards Administration
Office of Workers'
Compensation Programs
Division of Energy Employees
Occupational Illness Compensation

Beryllium Diseases Under the EEOICPA

The Energy Employees Occupational Illness Compensation Program Act [EOICPA]
Established a program to provide compensation to employees of the Department of Energy (DOE), its predecessor agencies, and its contractors and subcontractors involved in the production and testing of nuclear weapons. Employees (or their eligible survivors) who contracted certain illnesses as a result of exposure to radiation, beryllium or silica may be eligible to receive a compensation payment of $150,000 and payment of the medical expenses of the covered illness from the date of the claim. In the case of beryllium sensitivity, individuals are eligible for payments of medical expenses only.

An eligible employee may be treated by any qualified physician. In an accepted claim, all medical expenses related to the beryllium sensitivity or Chronic Beryllium Disease will be covered by DOL retroactive to the date the claim was filed.

Transportation costs for medical treatment and prescriptions are covered.

If an employee is deceased, certain survivors are eligible to receive benefits:

Spouses: are eligible for benefits if they were married to the covered employee for at least one year before the date of the employee's death.

Children: If no surviving spouse: a child, regardless of age, is eligible for compensation if the parent was an eligible employee.

Additional Survivors: in order of precedence:
parents, grandchildren, grandparents.

Beryllium Sensitivity and Chronic Berqllium Disease (CBD)
If you, were exposed to beryllium while you were an employee of DOE, a DOE contractor or subcontractor, or a beryllium vendor and were exposed to beryllium at a DOE facility or at a facility owned, operated or occupied by a beryllium vendor, you may be eligible for compensation from DOL.

To establish that a claimant was exposed to beryllium in the performance of duty, a claimant needs to establish that the covered employee was employed during a period when beryllium dust, particles or vapor may have been present at the facility. Generally, proof of employment at such facilities during periods when beryllium was present will be sufficient to establish exposure to beryllium in the performance of duty.

Beryllium Sensitivity is an immune system allergic reaction to the presence of beryllium in the body as the result of inhaling dust particles or vapors from beryllium.

If you have an abnormal Lymphocyte Proliferation Test (LPT) or Lymphocyte Transformation Test (LTT) that was performed on either blood or lung lavage cells, you may be eligible for medical monitoring benefits payable through the U.S. Department of Labor (DOL)

Chronic Beryllium Disease (CBD) is a progressive loss of lung function as a result of inhaling dust particles or vapors from beryllium.

Documentation required to support CBD is determined by the date the condition is diagnosed.

If CBD was diagnosed on or after January 1, 1993, the medical documentation must include one abnormal LPT or one LTT test result and one or more of the following:

• A lung biopsy showing granulomas or a lymphocytic process consistent with CBD;
• A CAT scan showing changes consistent with CBD;
• A pulmonary function study or exercise tolerance test showing pulmonary deficits consistent with CBD.

If CBD was diagnosed before January 1, 1993, the medical documentation must include a history or epidemiological evidence of exposure to beryllium and any three of the following criteria:

• Characteristic chest X-ray or computed tomography (CT) abnormalities;
• Restrictive or obstructive lung physiology testing or diffusing lung capacity defect;
• Lung pathology consistent with CBD;
• Clinical course consistent with chronic respiratory disorder;
• Immunologic tests showing beryllium sensitivity (skin patch test or beryllium blood test preferred).

For Assisstance in Appllying for Beryllium Benefits:
contact one of the DOL District Offices or DOL/DOE Resource Centers:

District Offices:

Resource Centers:

www.dot.gov.esa/regs/compliance/owcp/eeoicp/main.htm

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