§ 30.210. What are the criteria for eligibility for benefits relating to radiogenic cancer?
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/us/cfr/t20/s§ 30.210·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)To establish eligibility for benefits for radiogenic cancer under Part B of EEOICPA, an employee or his or her survivor must show that:
(1)The employee has been diagnosed with one of the forms of cancer specified in § 30.5(gg); and
(i)Is a member of the Special Exposure Cohort (as described in § 30.214(a) of this subpart) who, as a civilian DOE employee or civilian DOE contractor employee, contracted the specified cancer after beginning employment at a DOE facility; or
(ii)Is a member of the Special Exposure Cohort (as described in § 30.214(a) of this subpart) who, as a civilian atomic weapons employee, contracted the specified cancer after beginning employment at an atomic weapons employer facility (as defined in § 30.5(e)); or
(2)The employee has been diagnosed with cancer; and (i)(A) Is/was a civilian DOE employee who contracted that cancer after beginning employment at a DOE facility; or
(B)Is/was a civilian DOE contractor employee who contracted that cancer after beginning employment at a DOE facility; or
(C)Is/was a civilian atomic weapons employee who contracted that cancer after beginning employment at an atomic weapons employer facility; and
(ii)The cancer was at least as likely as not related to the employment at the DOE facility or atomic weapons employer facility; or
(3)The employee has been diagnosed with an injury, illness, impairment or disease that arose as a consequence of the accepted cancer. (b)(1) To establish eligibility for benefits for radiogenic cancer under Part E of EEOICPA, an employee or his or her survivor must show that:
(i)The employee has been diagnosed with cancer; and
(A)Is/was a civilian DOE contractor employee or a civilian RECA section 5 uranium worker who contracted that cancer after beginning employment at a DOE facility or a RECA section 5 facility; and
(B)The cancer was at least as likely as not related to exposure to a toxic substance of a radioactive nature at a DOE facility or a RECA section 5 facility; and
(C)It is at least as likely as not that the exposure to such toxic substance(s) was related to employment at a DOE facility or a RECA section 5 facility; or
(ii)The employee has been diagnosed with an injury, illness, impairment or disease that arose as a consequence of the accepted cancer.
(2)Eligibility for benefits for radiogenic cancer under Part E in a claim that has previously been accepted under Part B pursuant to the Special Exposure Cohort provisions is described in § 30.230(a) of these regulations. [71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3049, Feb. 8, 2019; 86 FR 46778, Aug. 20, 2021]
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§ 30.210
What are the criteria for eligibility for benefits relating to radiogenic cancer?
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