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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 7385s4 Determinations regarding contraction of covered illnesses us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 84 DEPARTMENT OF ENERGY 7385s4 42 U.S.C. § 7385s4 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s7385s4 data/legal/raw/us/code/title-42/usc42.xml 22ae80f9eced9b70d6cf127539a401447f13209eccf3acf9e8100235de008fdd 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 898330ff07390bec123876e9eeba5a6a8142d2c87e838802e4c2630cc07d3962 2026-07-04 official
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42 U.S.C. § 7385s4 - Determinations regarding contraction of covered illnesses

Text

(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. 106398, § 1 [div. C, title XXXVI, § 3675], as added Pub. L. 108375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2181.)

Notes

Editorial Notes

References in TextSection 7385o of this title, referred to in subsec. (b), was repealed by Pub. L. 108375, div. C, title XXXI, § 3162(i), Oct. 28, 2004, 118 Stat. 2186.