42 U.S.C. § 7385o — Repealed. Pub. L. 108–375, div. C, title

Page 7151 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7385s–2 (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3652], as added Pub. L. 108–375, div. C, title XXXI, § 3163(b), Oct. 28, 2004, 118 Stat. 2187.) § 7385j–2. Recovery and waiver of overpayments (a) In general When an overpayment has been made to an in- dividual under this subchapter because of an error of fact or law, recovery shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the recovery is completed, recovery shall be made by decreasing later benefits payable under this subchapter with respect to the indi- vidual’s death. (b) Waiver Recovery by the United States under this sec- tion may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience. (c) Liability A certifying or disbursing official is not liable for an amount certified or paid by him when re- covery of the amount is waived under subsection (b) of this section, or when recovery under sub- section (a) of this section is not completed be- fore the death of all individuals against whose benefits deductions are authorized. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3653], as added Pub. L. 108–375, div. C, title XXXI, § 3163(c), Oct. 28, 2004, 118 Stat. 2187.) PART D—ASSISTANCE IN STATE WORKERS’ COMPENSATION PROCEEDINGS § 7385o. Repealed. Pub. L. 108–375, div. C, title XXXI, § 3162(i), Oct. 28, 2004, 118 Stat. 2186 Section, Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3661], Oct. 30, 2000, 114 Stat. 1654, 1654A–512, authorized Secretary of Energy to enter agreements with States to provide assistance to Department of Energy contractor employees in filing claims under the appropriate State workers’ compensation system. PART E—CONTRACTOR EMPLOYEE COMPENSATION § 7385s. Definitions In this part: (1) The term ‘‘covered DOE contractor em- ployee’’ means any Department of Energy con- tractor employee determined under section 7385s–4 of this title to have contracted a cov- ered illness through exposure at a Department of Energy facility. (2) The term ‘‘covered illness’’ means an ill- ness or death resulting from exposure to a toxic substance. (3) The term ‘‘Secretary’’ means the Sec- retary of Labor. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3671], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2178.) § 7385s–1. Compensation to be provided Subject to the other provisions of this part: (1) Contractor employees A covered DOE contractor employee shall receive contractor employee compensation under this part in accordance with section 7385s–2 of this title. (2) Survivors After the death of a covered DOE contractor employee, compensation referred to in para- graph (1) shall not be paid. Instead, the sur- vivor of that employee shall receive com- pensation as follows: (A) Except as provided in subparagraph (B), the survivor of that employee shall re- ceive contractor employee compensation under this part in accordance with section 7385s–3 of this title. (B) In a case in which the employee’s death occurred after the employee applied under this part and before compensation was paid under paragraph (1), and the employee’s death occurred from a cause other than the covered illness of the employee, the survivor of that employee may elect to receive, in lieu of compensation under subparagraph (A), the amount of contractor employee compensation that the employee would have received in accordance with section 7385s–2 of this title if the employee’s death had not occurred before compensation was paid under paragraph (1). (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3672], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2178.) § 7385s–2. Compensation schedule for contractor employees (a) Compensation provided The amount of contractor employee com- pensation under this part for a covered DOE con- tractor employee shall be the sum of the amounts determined under paragraphs (1) and (2), as follows: (1) Impairment (A) The Secretary shall determine— (i) the minimum impairment rating of that employee, expressed as a number of per- centage points; and (ii) the number of those points that are the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facil- ity. (B) The employee shall receive an amount under this paragraph equal to $2,500 multiplied by the number referred to in clause (ii) of sub- paragraph (A). (2) Wage loss (A) The Secretary shall determine— (i) the calendar month during which the employee first experienced wage loss as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facil- ity; (ii) the average annual wage of the em- ployee for the 36-month period immediately preceding the calendar month referred to in