Defense Nuclear Workers' Compensation Act

Summary

Defense Nuclear Workers' Compensation Act - Provides that, except as modified by this Act, an employee at any Department of Energy defense nuclear facility (facility) shall be considered an employee for purposes of the Longshore and Harbor Workers' Compensation Act (LHWCA). Sets forth special rules for LHWCA coverage of such facility employees. Provides that compensation shall be payable if disability or death results from an injury arising out of and in the course of employment at such a facility. Establishes, in such compensation claim proceedings, a rebuttable presumption that a specified disease (i.e., one of various forms of cancer) is such a compensable injury, if the injured employee has suffered from the described disease, and either: (1) was employed for ten or more years in a building or facility of such a facility in which radioactive materials were regularly stored, handled, or disposed of; or (2) while employed at such building or facility, received ten REM or more total exposure to ionizing radiation or ten percent or more of the maximum permissible body burden exposure to ionizing radiation. Authorizes the Secretary of Labor to extend compensation districts established under the LHWCA, or establish new compensation districts, to include any area to which this Act applies, and to assign to each such district one or more deputy commissioners. Includes among the Department of Energy defense nuclear facilities the following facilities under the control or jurisdiction of the Secretary of Energy: (1) production or utilization facilities operated for national security purposes; (2) nuclear waste storage or disposal facilities; (3) testing and assembly facilities operated for national security purposes; and (4) nuclear weapons research facilities.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 26 October 1990

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