Docket Number: 53272-2004

NOTICE OF FINAL DECISION

This is the decision of the Final Adjudication Branch concerning your claim for compensation under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA or the Act). See 42 U.S.C. § 7384 et seq. Upon a careful review of the facts and an independent review of the record, the Final Adjudication Branch concludes that the evidence of record is insufficient to allow compensation under the Act. Accordingly, your claim for benefits is denied.

STATEMENT OF THE CASE

On June 27, 2002, the Final Adjudication Branch issued a Final Decision concluding that [Employee] (the employee) was a covered employee with chronic silicosis as defined in § 7384r of the Act (and therefore entitled to compensation in the amount of $150,000), and that he was entitled to medical benefits related to chronic silicosis retroactive to September 17, 2001, pursuant to § 7384t of the Act. See 42 U.S.C. § 7384t. Payment of compensation was processed on July 25, 2002. The Final Adjudication Branch also denied the employee’s claims based on chronic beryllium disease and asbestosis.

On January 20, 2004, you filed a Form EE-2 (Claim for Survivor Benefits Under EEOICPA) seeking compensation as the spouse of the employee.

On March 11, 2004, the Seattle district office recommended denial of your claim for benefits. The district office concluded that the employee’s acceptance of compensation in the amount of $150,000 pursuant to § 7384s(a)(1) of the Act, was in full satisfaction of all claims of or on behalf of the employee against the United States, a Department of Energy contractor or subcontractor, beryllium vendor or atomic weapons employer, or against any person with respect to that person’s performance of a contract with the United States, that arise out of an exposure referred to in § 7385 of the Act. See 42 U.S.C. §§ 7384s(a)(1), 7385b.

On March 29, 2004, the Final Adjudication Branch received written notification from you indicating that you waive any and all rights to file objections to the recommended decision.

FINDINGS OF FACT

1. On September 17, 2001, the employee filed a claim for benefits under the EEOICPA based, in part, on the condition of chronic silicosis.

2. On June 27, 2002, the Final Adjudication Branch accepted the employee’s claim for chronic silicosis, and determined that he was entitled to compensation in the amount of $150,000 and medical benefits related to the treatment of chronic silicosis retroactive to September 17, 2001.

3. Payment of compensation in the amount of $150,000 was tendered on July 25, 2002.

4. On January 20, 2004, you filed a claim for survivor benefits.

CONCLUSIONS OF LAW

Section 7384s(a)(1) of the Act specifically provides that “[A] covered employee, or the survivor of that covered employee if the employee is deceased, shall receive compensation for the disability or death of that employee from that employee’s occupational illness in the amount of $150,000.” See 42 U.S.C. § 7384s(a)(1). The record in this case shows that, on July 25, 2002, the employee was issued compensation in the amount of $150,000 based on his diagnosis of chronic silicosis, a covered occupational illness under the Act.

Further § 7385b provides that the one-time payment under the Act is a full settlement of an EEOICPA claim:

The acceptance by an individual of payment of compensation under Part B of this subchapter with respect to a covered employee shall be in full satisfaction of all claims of or on behalf of that individual against the United States, against a Department of Energy contractor of subcontractor, beryllium vendor or atomic weapons employer, or against any person with respect to that person’s performance of a contract with the United States, that arise out of an exposure referred to in section 7385 of this title.

42 U.S.C. § 7385b.

Since you are claiming eligibility as the surviving spouse of an employee who previously received $150,000 under the EEOICPA, no additional compensation is available to you. Therefore, your claim must be denied.

For the above reasons, the Final Adjudication Branch concludes that the evidence of record does not allow compensation under the Act. Accordingly, your claim for benefits is denied.

Seattle, Washington

___________________________________________

Julie L. Salas

Hearing Representative, Final Adjudication Branch