42 U.S.C. § 7385s-4 — Determinations regarding contraction of covered illnesses

(a) Cases determined under part B 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. (b) Cases determined under former part D In the case of a covered illness of an employee with respect to which a panel has made a positive determination under section 7385o(d) of this title and the Secretary of Energy has accepted that determination under section 7385o(e)(2) of this title , or with respect to which a panel has made a negative determination under section 7385o(d) of this title and the Secretary of Energy has found significant evidence to the contrary under section 7385o(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. (c) Other cases (1) 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— (A) 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 (B) 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. (2) A determination under paragraph (1) shall be made by the Secretary . (d) Applications by spouses and children 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 .) Editorial Notes References in Text Section 7385o of this title , referred to in subsec. (b), was repealed by Pub. L. 108–375, div. C, title XXXI, § 3162(i) , Oct. 28, 2004 , 118 Stat. 2186 .

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