---
kind: "section"
citation: "20 C.F.R. § 30.800"
title: "20"
number: "30.800"
heading: "What types of wage-loss are compensable under Part E of EEOICPA?"
url: "https://uscodex.org/cfr/20/30.800"
---

# §30.800. What types of wage-loss are compensable under Part E of EEOICPA?


Years of wage-loss occurring prior to normal retirement age that are the result of a covered illness contracted by a covered Part E employee through work-related exposure to a toxic substance at a Department of Energy facility or a RECA [section 5](/cfr/20/5.md) facility, as appropriate, may be compensable under Part E of the Act. Whether years of wage-loss are compensable depends on determinations with respect to:

- (a) The average annual wage of the employee as determined by OWCP in accordance with [§ 30.810](/cfr/20/30.810.md);
- (b) The percentage of his or her average annual wage that the employee was able to earn during the calendar year(s) in question as determined by OWCP in accordance with [§ 30.811](/cfr/20/30.811.md); and
- (c) Whether the employee's inability to earn at least as much as his or her average annual wage was due to a covered illness as defined in [§ 30.5(s)](/cfr/20/30.5.md?p=s).

## Notes

### Amendments

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3059, Feb. 8, 2019]

### Authority

Authority: 5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C. 7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-2009, 74 FR 58834.

### Source

Source: 71 FR 78534, Dec. 29, 2006, unless otherwise noted.

### Amendments

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3059, Feb. 8, 2019]