Processing Part E Survivor Election of Benefits Claims

Division of Energy Employees Occupational Illness Compensation (DEEOIC)

Under Part E of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), if a covered Part E employee dies after filing a claim but before payment is received, and if the employee’s death was caused solely by a non-covered illness, any eligible survivor has an “election of benefits” option. The survivor may elect to receive monetary compensation (wage-loss and/or impairment benefits) that the employee would have received had he or she not died prior to payment. It is not necessary for the employee to have filed a claim specifically for wage-loss or impairment benefits in order to have the election of benefit option available. As long as the employee filed a Part E claim, claims for impairment and wage-loss benefits are assumed.

The Federal (EEOICPA) Procedure Manual (PM) contains language that interprets the regulations and statute to preclude a survivor from receiving compensation under the election of benefits option if the employee had received any monetary compensation for either impairment or wage-loss benefits prior to death. However, based on recent litigation, the Division of Energy Employees Occupational Illness Compensation (DEEOIC) is aligning the eligibility requirements regarding the Part E survivor election of benefits with the district court’s interpretation. Accordingly, the fact that the employee may have previously received monetary compensation in the form of either impairment or wage-loss benefits prior to death no longer voids the election of benefit option.

Click Here to read entire Bulletin 17-01

^{Posted December 12, 2016}