<?xml version="1.0"?>
<?xml-stylesheet type="text/xsl" href="cfr.xsl"?>
<CFRGRANULE xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="CFRMergedXML.xsd">
  <FDSYS>
    <CFRTITLE>20</CFRTITLE>
    <CFRTITLETEXT>Employees' Benefits</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>2010-04-01</DATE>
    <ORIGINALDATE>2010-04-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>What types of wage-loss are compensable under Part E of EEOICPA?</TITLE>
    <GRANULENUM>30.800</GRANULENUM>
    <HEADING>Section 30.800</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 20" SEQ="5">Employees' Benefits</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="4">OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR</PARENT>
      <PARENT HEADING="SUBCHAPTER C" SEQ="3">ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000</PARENT>
      <PARENT HEADING="PART 30" SEQ="2">CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED</PARENT>
      <PARENT HEADING="Subpart I" SEQ="1">Wage-Loss Determinations Under Part E of EEOICPA</PARENT>
      <PARENT HEADING="" SEQ="0">General Provisions</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 30.800</SECTNO>
    <SUBJECT>What types of wage-loss are compensable under Part E of EEOICPA?</SUBJECT>
    <P>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 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:</P>
    <P>(a) The average annual wage of the employee as determined by OWCP in accordance with § 30.810;</P>
    <P>(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; and</P>
    <P>(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(r).</P>
  </SECTION>
</CFRGRANULE>
