Page:United States Statutes at Large Volume 114 Part 3.djvu/548

 114 STAT. 1654A-506 PUBLIC LAW 106-398 —APPENDIX (d) COVERED EMPLOYEE WITH CHRONIC SILICOSIS. —For purposes of this title, the term "covered employee with chronic silicosis" means a Department of Energy employee, or a Department of Energy contractor employee, with chronic silicosis who was exposed to silica in the performance of duty as determined under subsection (c). (e) CHRONIC SILICOSIS.—For purposes of this title, the term "chronic silicosis" means a nonmalignant lung disease if— (1) the initial occupational exposure to silica dust preceded the onset of silicosis by at least 10 years; and (2) a written diagnosis of silicosis is made by a medical doctor and is accompanied by— (A) a chest radiograph, interpreted by an individual certified by the National Institute for Occupational Safety and Health as a B reader, classifying the existence of pneumoconioses of category 1/1 or higher; (B) results from a computer assisted tomograph or other imaging technique that are consistent with silicosis; or (C) lung biopsy findings consistent with silicosis. SEC. 3628. COMPENSATION AND BENEFITS TO BE PROVIDED. (a) COMPENSATION PROVIDED.—(1) Except as provided in paragraph (2), a covered employee, or the survivor of that covered employee if the employee is deceased, shall receive compensation for the disability or death of that employee from that employee's occupational illness in the amount of $150,000. (2) A covered employee shall, to the extent that employee's occupational illness is established beryllium sensitivity, receive beryllium sensitivity monitoring under subsection (c) in lieu of compensation under paragraph (1). (b) MEDICAL BENEFITS.—A covered employee shall receive medical benefits under section 3629 for that employee's occupational illness. (c) BERYLLIUM SENSITIVITY MONITORING.— An individual receiving beryllium sensitivity monitoring under this subsection shall receive the following: (1) A thorough medical examination to confirm the nature and extent of the individual's established beryllium sensitivity. (2) Regular medical examinations thereafter to determine whether that individual has developed established chronic beryllium disease. (d) PAYMENT FROM COMPENSATION FUND. —The compensation provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under section 3612. (e) SURVIVORS. — (1) Subject to the provisions of this section, if a covered employee dies before the effective date specified in subsection (f), whether or not the death is a result of that employ- ee's occupational illness, a survivor of that employee may, on behalf of that survivor and any other survivors of that employee, receive the compensation provided for under this section. (2) The right to receive compensation under this section shall be afforded to survivors in the same order of precedence as that set forth in section 8109 of title 5, United States Code.

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