§ 7385s–4. Determinations regarding contraction of covered illnesses

• (a) 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) In the case of a covered illness of an employee with respect to which a panel has made a positive determination under section 7385 o (d) of this title and the Secretary of Energy has accepted that determination under section 7385 o (e)(2) of this title, or with respect to which a panel has made a negative determination under section 7385 o (d) of this title and the Secretary of Energy has found significant evidence to the contrary under section 7385 o (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)
  • (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) 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.