Sec. 3675. DETERMINATIONS REGARDING CONTRACTION OF COVERED ILLNESSES

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## SEC. 3675 DETERMINATIONS REGARDING CONTRACTION OF COVERED ILLNESSES **[**[42 U.S.C. 7385s–4](/us/usc/t42/s7385s–4)**]** ###

(a)Cases Determined Under Subtitle B A determination under subtitle B that a Department of Energy contractor employee is entitled to compensation under that subtitle for an occupational illness shall be treated for purposes of this subtitle as a determination that the employee contracted that illness through exposure at a Department of Energy facility. ###

(b)Cases Determined Under Former Subtitle D In the case of a covered illness of an employee with respect to which a panel has made a positive determination under section 3661(d) and the Secretary of Energy has accepted that determination under section 3661(e)(2), or with respect to which a panel has made a negative determination under section 3661(d) and the Secretary of Energy has found significant evidence to the contrary under section 3661(e)(2), that determination shall be treated for purposes of this subtitle as a determination that the employee contracted the covered illness through exposure at a Department of Energy facility. ###

(c)Other Cases ####

(1)In any other case, a Department of Energy contractor employee shall be determined for purposes of this subtitle to have contracted a covered illness through exposure at a Department of Energy facility if— #####

(A)it is at least as likely as not that exposure to a toxic substance at a Department of Energy facility was a significant factor in aggravating, contributing to, or causing the illness; and #####

(B)it is at least as likely as not that the exposure to such toxic substance was related to employment at a Department of Energy facility. ####

(2)A determination under paragraph

(1)shall be made by the Secretary. ###

(d)Applications by Spouses and Children If a spouse or child of a Department of Energy contractor employee applies for benefits under this subtitle, the Secretary shall make a determination under this section with respect to that employee without regard to whether the spouse is a “covered spouse”, or the child is a “covered child”, under this subtitle.

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42 USC 7385s–4

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Sec. 3675

DETERMINATIONS REGARDING CONTRACTION OF COVERED ILLNESSES

Cite42 USC 7385s–4

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