Docket Number: 10002848-2005

 

EMPLOYEE: [Name Deleted]

CLAIMANT: [Name Deleted]

FILE NUMBER: [Number Deleted]

DOCKET NUMBER: 10002848-2005

DECISION DATE: July 27, 2005

NOTICE OF FINAL DECISION

This decision of the Final Adjudication Branch (FAB) concerns 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). Your claim for survivor benefits for acute radiation syndrome under § 7385s of the Act is hereby accepted.

STATEMENT 0F THE CASE

On September 3, 2002 you filed Form EE-2, Claim for Survivor Benefits under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA or the Act). You claimed that your father, [Employee], died of acute myocardial failure due to the central nervous system damage from massive ionizing radiation as a result of his employment at Los Alamos National Laboratory.

[Employee’s] employment was verified at the Los Alamos National Laboratory from June 17, 1946 to January 1, 1959.

Evidence in the file establishes that the employee was in a massive explosion on December 30, 1958 at the Los Alamos National Laboratory. A death certificate signed by John S. Benson, M.D. shows that [Employee] died 35 hours after the incident.

You submitted the death certificate of [Employee’s] spouse, [Employee’s Spouse] and the death certificate of your brother, [Claimant’s brother]. You also submitted a copy of your birth certificate that established you were the daughter of [Employee] and a minor child at the time of your father’s death.

Your case was forwarded to the EEOICPA Physician Panel for a review of the medical evidence and a determination as to whether the acute radiation syndrome arose out of and in the course of your father’s employment by a DOE employer and exposure to a toxic material at a DOE facility. On July 7, 2004, the Medical Director, Office of Worker Advocacy, Office of Environment, Safety & Health, reviewed the findings and determination of the EEOICPA Physician Panel and accepted the panel findings in favor of your case.

You indicated that your mother had received state workers’ compensation benefits for the claimed condition of acute radiation syndrome. You submitted copies of the award granted to your mother. It was determined that because your mother received the state workers’ compensation benefits and you did not receive the state workers’ compensation benefits, you would be entitled to an award in the amount of $175,000.00.

On July 15, 2005, the Denver district office issued a recommended decision finding that you are the eligible surviving beneficiary of the covered employee and you were entitled to monetary benefits in the amount of $175,000.00. The case was forwarded to the Final Adjudication Branch for review.

Pursuant to the regulations implementing the EEOICPA, a claimant has 60 days from the date of issuance of the recommended decision to raise objections to that decision to the Final Adjudication Branch. 20 C.F.R § 30.310(a). If an objection is not raised during the 60-day period, the Final Adjudication Branch will consider any and all objections to the recommended decision waived and issue a final decision affirming the district office’s recommended decision. 20 C.F.R. § 30.316(a).

On July 27, 2005, the Final Adjudication Branch received your written notification waiving any and all objections to the recommended decision.

After considering the record of the claim forwarded by the district office, the Final Adjudication Branch makes the following findings:

FINDINGS OF FACT

1. On September 3, 2002, you filed for survivor benefits under § 7385s of the Act.

2. [Employee’s] employment was verified at the Los Alamos National Laboratory from June 17, 1946 to January 1, 1959.

3. Evidence in the file establishes that the employee was in a massive explosion on December 30, 1958 at the Los Alamos National Laboratory. A death certificate signed by John S. Benson, M.D. shows that [Employee] died 35 hours after the incident.

4. On July 7, 2004, the Medical Director, Office of Worker Advocacy, Office of Environment, Safety & Health, reviewed the findings and determination of the EEOICPA Physician Panel and accepted the panel findings in favor of your case.

5. On July 15, 2005 the Denver district office issued a recommended decision finding that you are the eligible surviving beneficiary of the covered employee and you were entitled to monetary benefits in the amount of $175,000.00.

6. You submitted the employee’s death certificate, his spouse’s death certificate, your brother’s death certificate and your birth certificate, thus establishing that you are the eligible surviving beneficiary of [Employee].

7. The file also contains your signed statement that neither you nor the employee filed for or received any state workers’ compensation benefits for the claimed condition.

Based on the above noted findings of fact in this claim, the Final Adjudication Branch hereby also makes the following:

CONCLUSIONS OF LAW

1. The Final Adjudication Branch hereby finds the employee was a covered DOE contractor employee in accordance with 42 U.S.C. § 7385s-1.

2. You have established that you are the eligible survivor of the covered employee pursuant to § 7385s-3(d)(2).

3. [Employee] contracted a covered illness under § 7385s-4(b).

4. You are eligible to receive compensation in the amount of $175,000 pursuant to § 7385s-3(a)(3).

Denver, Colorado

Joyce L. Terry

District Manager