A provision for the federal workers compensation program for nuclear workers, expanding the scope for toxic beryllium exposure, is set to be published in the federal register on Tuesday, the U.S. Department of Labor announced.
The final rule is based on provisions in the National Defense Authorization Act for 2024, which changed eligibility requirements for those filing claims for beryllium sensitivity to allow previously ineligible claimants to obtain benefits, according to the department.
Before the update, a claimant could only establish beryllium sensitivity by presenting one abnormal beryllium lymphocyte proliferation test performed on blood or lung lavage cells. Under the new regulations, beryllium sensitivity can now also be established by submitting three borderline beryllium lymphocyte proliferation tests of blood cells in the three-year period.
If the Division of Energy Employees Occupational Illness Compensation, which runs the comp program, determines the new criteria are met, it will reopen and accept old cases and award benefits retroactively to the original filing date, according to the DOL.