{"identifier":"/us/usc/t42/s7385s\u20134","title":42,"num":"\u00a7\u202f7385s\u20134.","heading":"Determinations regarding contraction of covered illnesses","text":"\u00a7\u202f7385s\u20134.\nDeterminations regarding contraction of covered illnesses\n(a)\nCases determined under part B\nA 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.\n(b)\nCases determined under former part D\nIn the case of a covered illness of an employee with respect to which a panel has made a positive determination under section 7385\no\no\no\no\n(c)\nOther cases\n(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\u2014\n(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\n(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.\n(2) A determination under paragraph (1) shall be made by the Secretary.\n(d)\nApplications by spouses and children\nIf 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 \u201ccovered spouse\u201d, or the child is a \u201ccovered child\u201d, under this part.","url":"https://projectusc.org/usc/t42/s7385s\u20134.html","content":[{"t":"sec","id":"/us/usc/t42/s7385s\u20134","children":[{"t":"num","text":"\u00a7\u202f7385s\u20134."},{"t":"heading","text":"Determinations regarding contraction of covered illnesses"},{"t":"subsec","id":"/us/usc/t42/s7385s\u20134/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Cases determined under part B"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7385s\u20134/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Cases determined under former part D"},{"t":"content","children":[{"t":"p","text":"In the case of a covered illness of an employee with respect to which a panel has made a positive determination under section 7385","children":[{"t":"text","text":"o","tail":"(d) of this title and the Secretary of Energy has accepted that determination under section 7385"},{"t":"text","text":"o","tail":"(e)(2) of this title, or with respect to which a panel has made a negative determination under section 7385"},{"t":"text","text":"o","tail":"(d) of this title and the Secretary of Energy has found significant evidence to the contrary under section 7385"},{"t":"text","text":"o","tail":"(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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7385s\u20134/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Other cases"},{"t":"para","id":"/us/usc/t42/s7385s\u20134/c/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" 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\u2014"},{"t":"subpara","id":"/us/usc/t42/s7385s\u20134/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7385s\u20134/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7385s\u20134/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" A determination under paragraph (1) shall be made by the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7385s\u20134/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Applications by spouses and children"},{"t":"content","children":[{"t":"p","text":"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 \u201ccovered spouse\u201d, or the child is a \u201ccovered child\u201d, under this part.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}