Docket Number: 43114-2003

FINAL DECISION AFTER

REVIEW OF THE WRITTEN RECORD

This is the decision of the Final Adjudication Branch concerning your claim for compensation under the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended, 42 U.S.C. § 7384 et seq. (EEOICPA or the Act). Since you submitted a letter of objection, but did not specifically request a hearing, a review of the written record was performed, in accordance with § 30.312 of the implementing regulations. 20 C.F.R. § 30.312.

A claimant who receives a recommended denial from the district office is entitled to file objections to the decision, in accordance with § 30.310 of the implementing regulations. 20 C.F.R. § 30.310. In reviewing any objections submitted, under § 30.313 of the implementing regulations, the Final Adjudication Branch will review the written record, any additional evidence or argument submitted by the claimant, and conduct any additional investigation determined to be warranted in the case. 20 C.F.R. § 30.313.

For the reasons set forth below, your claim for benefits is denied.

STATEMENT OF CASE

On March 18, 2003, you filed a claim for survivor benefits under the EEOICPA as the spouse of the employee. On May 19, 2003, the Department of Justice (DOJ) verified that on May 31, 2002, you accepted compensation under § 4 of the Radiation Exposure Compensation Act in the amount of $75,000.

42 U.S.C. § 7385j of the Energy Employees Occupational Illness Compensation Program Act states: “Except in accordance with § 7384u[1] of this title, an individual may not receive compensation or benefits under the compensation program for cancer and also receive compensation under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) or § 1112 (c) of Title 38.”

The Denver district office advised you of the deficiencies in your claim and afforded you the opportunity to correct them. There is no evidence in the file to indicate that you provided additional evidence to the district office for review.

By a recommended decision dated July 2, 2003, the Denver district office recommended that your claim for benefits under the EEOICPA be denied. In the recommendation, the district office found that:

1. You filed a claim under EEOICPA on March 18, 2003;

2. You did not establish entitlement under the EEOICPA as you did not receive an award from the Department of Justice under § 5 of RECA. You have not provided evidence that your husband could be covered under the EEOICPA as an employee of the Department of Energy or Atomic Weapons facility. You have not claimed that your husband had a medical condition other than stomach cancer, a condition for which you have already been awarded benefits as your husband’s eligible survivor, under § 4 of RECA as an on-site participant.

By your letter of July 30, 2003, you requested assistance from Daniel K. Akaka, United States Senate in “appealing the decision that denied me compensation as an eligible beneficiary of a covered employee under the Energy Employees’ Occupational Illness Compensation Program Act (EEOICPA)….” You did not state specific objections to the recommended decision. You included medical and employment records with your letter to Senator Akaka.

FINDINGS OF FACT

On May 31, 2002, you accepted compensation under § 4 of the RECA for your husband’s cancer.

The additional medical records do not indicate that your husband was diagnosed with a condition covered under the EEOICPA, other than cancer.

CONCLUSIONS OF LAW

In accordance with 20 C.F.R. §30.313, I have reviewed the record in this case and conclude that no further investigation is warranted.

I find that the decision of the district office is supported by the evidence and the law, and cannot be changed based on the objections and the additional evidence you submitted. As explained in § 30.110(b) of the implementing regulations, “Any claim that does not meet all of the criteria for at least one of these categories, as set forth in these regulations, must be denied.” 20 C.F.R. § 30.110(b). The undersigned hereby denies payment of lump sum compensation and medical benefits.

Washington, DC

Linda M. Parker

Hearing Representative