How Does an EEOICPA Claimant Prove a Beryllium Disease Diagnosis? 

Federal Focus

Washington, DC (WorkersCompensation.com) -- Under the Energy Employees Occupational Illness Compensation Program Act, a program that covers employees who, largely, work in the atomic energy sector, provides a path to compensation for workers who receive a beryllium disease diagnosis.

Here's how that path goes under the EEOICPA.

Written medical documentation is required in all cases to prove that the employee developed a covered beryllium illness.

Beryllium Sensitivity

Beryllium sensitivity or sensitization is established with either:

(1) An abnormal beryllium LPT, which is a test, performed on either blood or lung lavage cells; or

(2) Three borderline beryllium LPTs performed on blood cells over a period of three years.

Chronic Beryllium Disease

Chronic beryllium disease is established in the following manner:

(1) For diagnoses on or after Jan. 1, 1993, beryllium sensitivity, together with lung pathology consistent with chronic beryllium disease, including the following:

(i) A lung biopsy showing granulomas or a lymphocytic process consistent with chronic beryllium disease;

(ii) A computerized axial tomography scan showing changes consistent with chronic beryllium disease; or

(iii) Pulmonary function or exercise testing showing pulmonary deficits consistent with chronic beryllium disease.

(2) For diagnoses before Jan. 1, 1993, the presence of the following:

(i) Occupational or environmental history, or epidemiologic evidence of beryllium exposure; and

(ii) Any three of the following criteria:

(A) Characteristic chest radiographic computed tomography abnormalities.

(B) Restrictive or obstructive lung physiology testing or diffusing lung capacity defect.

(C) Lung pathology consistent with chronic beryllium disease.

(D) Clinical course consistent with a chronic respiratory disorder.

(E) Immunologic tests showing beryllium sensitivity (skin patch test or beryllium blood test preferred).

Medical Report, Causal Relationship

An injury, illness, impairment, or disability sustained as a consequence of beryllium sensitivity or established chronic beryllium disease must be established with a fully rationalized medical report by a physician that shows the relationship between the injury, illness, impairment or disability and the beryllium sensitivity or established chronic beryllium disease.

Neither the fact that the injury, illness, impairment or disability manifests itself after a diagnosis of beryllium sensitivity or established chronic beryllium disease, nor the belief of the claimant that the injury, illness, impairment or disability was caused by the beryllium sensitivity or established chronic beryllium disease, is sufficient in itself to prove a causal relationship.

Simply Research covers all U.S. jurisdictions, including federal

Case Example

In Lahndorff v. U.S. Department of Labor, 289 F. Supp. 3d 826 (W.D. Ky. 2017), a federal District Court ruled that DOL's decision denying a gas diffusion plant worker's EEOICPA claim for chronic beryllium disease was neither arbitrary non capricious and was based on "consideration of relevant factors" because:

+ Test results came back normal.

+ Chest x-ray reports were not consistent with chronic beryllium disease because they showed calcified granulomas, which is characteristic of a healing granuloma, and granulomas characteristic of chronic beryllium disease are non-calcified.

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