---
kind: "range"
citation: "20 C.F.R. §§ 30.230–30.232"
title: "20"
from: "30.230"
to: "30.232"
count: 3
url: "https://uscodex.org/cfr/20/30.230..30.232"
---

# §30.230. What are the criteria necessary to establish that an employee contracted a covered illness under Part E of EEOICPA?


To establish that an employee contracted a covered illness under Part E of the Act, the employee, or his or her survivor, must show one of the following:

- (a) That OWCP has determined under Part B of EEOICPA that the employee is a DOE contractor employee as defined in [§ 30.5(x)](/cfr/20/30.5.md?p=x), and that he or she has been awarded compensation under that Part of the Act for an occupational illness;
- (b) That the Attorney General has determined that the employee is entitled to payment of $100,000 as compensation due under [section 5](/cfr/20/5.md) of RECA for a claim made under that statute (however, if a deceased employee's survivor has been determined to be entitled to such an award, his or her survivor(s), if any, will only be entitled to benefits under Part E of EEOICPA in accordance with section 7385s-3 of the Act);
- (c) That the Secretary of Energy has accepted a positive determination of a Physicians Panel that the employee sustained an illness or died due to exposure to a toxic substance at a DOE facility under former [section 7385o](/cfr/20/7385o.md) of EEOICPA, or that the Secretary of Energy has found significant evidence contrary to a negative determination of a Physicians Panel; or
- (d)
  - (1) That the employee is a civilian DOE contractor employee as defined in [§ 30.5(x)](/cfr/20/30.5.md?p=x), or a civilian who was employed in a uranium mine or mill located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon or Texas at any time during the period from January 1, 1942 through December 31, 1971, or was employed in the transport of uranium ore or vanadium-uranium ore from such a mine or mill during that same period, and that he or she:
    - (i) Has been diagnosed with an illness; and
    - (ii) That it is at least as likely as not that exposure to a toxic substance at a Department of Energy facility or at a RECA [section 5](/cfr/20/5.md) facility, as appropriate, was a significant factor in aggravating, contributing to, or causing the illness; and
    - (iii) That 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 or a RECA [section 5](/cfr/20/5.md) facility, as appropriate.
  - (2) In making the determination under [paragraph (d)(1)(ii)](#d-1-ii) of this section, OWCP will consider:
    - (i) The nature, frequency and duration of exposure of the covered employee to the substance alleged to be toxic;
    - (ii) Evidence of the carcinogenic or pathogenic properties of the alleged toxic substance to which the employee was exposed;
    - (iii) An opinion of a qualified physician with expertise in treating, diagnosing or researching the illness claimed to be caused or aggravated by the alleged exposure; and
    - (iv) Any other evidence that OWCP determines to have demonstrated relevance to the relation between a particular toxic substance and the claimed illness.

# §30.231. How does a claimant prove employment-related exposure to a toxic substance at a DOE facility or a RECA section 5 facility?


To establish employment-related exposure to a toxic substance at a Department of Energy facility or RECA [section 5](/cfr/20/5.md) facility as required by [§ 30.230(d)](/cfr/20/30.230.md?p=d), an employee, or his or her survivor(s), must prove that the employee was employed at such facility and that he or she was exposed to a toxic substance in the course of that employment.

- (a) Proof of employment may be established by any trustworthy records that, on their face or in conjunction with other such records, establish that the employee was so employed and the time period(s) of such employment. If the only evidence of covered employment submitted by the claimant is a written affidavit or declaration subject to penalty of perjury by the employee, survivor or any other person, and DOE or another entity either disagrees with the assertion of covered employment or cannot concur or disagree with the assertion of covered employment, then OWCP will evaluate the probative value of the affidavit in conjunction with the other evidence of employment, and may determine that the claimant has not met his or her burden of proof under [§ 30.111](/cfr/20/30.111.md).
- (b) For claimants who have established proof of employment, proof of exposure to a toxic substance may be established by the submission of any appropriate document or information that is evidence that such substance was present at the facility where the employee was employed and that the employee came into contact with such substance. Information from the following sources may be considered as probative factual evidence for purposes of establishing an employee's exposure to a toxic substance at a DOE facility or a RECA [section 5](/cfr/20/5.md) facility:
  - (1) To the extent practicable and appropriate, from DOE, a DOE-sponsored Former Worker Program, or an entity that acted as a contractor or subcontractor to DOE;
  - (2) OWCP's Site Exposure Matrices; or
  - (3) Any other entity deemed by OWCP to be a reliable source of information necessary to establish that the employee was exposed to a toxic substance at a DOE facility or RECA [section 5](/cfr/20/5.md) facility.

# §30.232. How does a claimant establish that the employee has been diagnosed with a covered illness, or sustained an injury, illness, impairment or disease as a consequence of a covered illness?

- (a) To establish that the employee has been diagnosed with a covered illness as required by [§ 30.230(d)](/cfr/20/30.230.md?p=d), the employee, or his or her survivor(s), must provide the following:
  - (1) Written medical evidence containing a physician's diagnosis of the employee's covered illness (as that term is defined in [§ 30.5(s)](/cfr/20/30.5.md?p=s)), and the physician's reasoning for his or her opinion regarding causation; and
  - (2) Any other evidence OWCP may deem necessary to show that the employee has or had an illness that resulted from an exposure to a toxic substance while working at either a DOE facility or a RECA [section 5](/cfr/20/5.md) facility.
- (b) An injury, illness, impairment or disease sustained as a consequence of a covered illness (as defined in [§ 30.5(s)](/cfr/20/30.5.md?p=s)) must be established with a fully rationalized medical report by a physician that shows the relationship between the injury, illness, impairment or disease and the covered illness. Neither the fact that the injury, illness, impairment or disease manifests itself after a diagnosis of a covered illness, nor the belief of the claimant that the injury, illness, impairment or disease was caused by the covered illness, is sufficient in itself to prove a causal relationship.