20 CFR § 30.800 - What types of wage-loss are compensable under Part E of EEOICPA?

---
identifier: "/us/cfr/t20/s30.800"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 30.800 - What types of wage-loss are compensable under Part E of EEOICPA?"
title_number: 20
title_name: "Employees' Benefits"
section_number: "30.800"
section_name: "What types of wage-loss are compensable under Part E of EEOICPA?"
chapter_name: "OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR"
subchapter_number: "C"
subchapter_name: "ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000"
part_number: "30"
part_name: "CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C. 7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-2009, 74 FR 58834."
regulatory_source: "71 FR 78534, Dec. 29, 2006, unless otherwise noted."
cfr_part: "30"
---


# 30.800 What types of wage-loss are compensable under Part E of EEOICPA?

Years of wage-loss occurring prior to normal retirement age that are the result of a covered illness contracted by a covered Part E employee through work-related exposure to a toxic substance at a Department of Energy facility or a RECA section 5 facility, as appropriate, may be compensable under Part E of the Act. Whether years of wage-loss are compensable depends on determinations with respect to:

(a) The average annual wage of the employee as determined by OWCP in accordance with § 30.810;

(b) The percentage of his or her average annual wage that the employee was able to earn during the calendar year(s) in question as determined by OWCP in accordance with § 30.811; and

(c) Whether the employee's inability to earn at least as much as his or her average annual wage was due to a covered illness as defined in § 30.5(s).

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3059, Feb. 8, 2019]