§ 7385s–4. Determinations regarding contraction of covered illnesses

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A determination under part B that a Department of Energy contractor employee is entitled to compensation under that part for an occupational illness shall be treated for purposes of this part as a determination that the employee contracted that illness through exposure at a Department of Energy facility. In the case of a covered illness of an employee with respect to which a panel has made a positive determination under section 7385 o

(d)of this title and the Secretary of Energy has accepted that determination under section 7385 o (e)(2) of this title, or with respect to which a panel has made a negative determination under section 7385 o

(d)of this title and the Secretary of Energy has found significant evidence to the contrary under section 7385 o (e)(2) of this title, that determination shall be treated for purposes of this part as a determination that the employee contracted the covered illness through exposure at a Department of Energy facility. In any other case, a Department of Energy contractor employee shall be determined for purposes of this part to have contracted a covered illness through exposure at a Department of Energy facility if— 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 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. A determination under paragraph

(1)shall be made by the Secretary. If a spouse or child of a Department of Energy contractor employee applies for benefits under this part, 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 part. ( Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3675] , as added Pub. L. 108–375, div. C, title XXXI, § 3161 , Oct. 28, 2004 , 118 Stat. 2181 .)

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Pub. L. 106-398
Pub. L. 108-375
118 Stat. 2181
118 Stat. 2186

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§ 7385s–4

Determinations regarding contraction of covered illnesses

Pub. L.Pub. L. 106-398

Pub. L.Pub. L. 108-375

Stat.118 Stat. 2181

Stat.118 Stat. 2186

Cites 4Cited by 0 across 0 sources