Hayward v. United States Department of Labor

Margaret Hayward appeals the decision of the district court affirming the Department of Labor’s (DOL) decision to deny survivor benefits for the death of her husband. The Energy Occupational Illness Compensation Program Act, 42 U.S.C. § 7384 et seq. (the Act), provides, among other things, for the lump-sum payment to survivors of persons who contracted cancer as a result of exposure to radiation during employment in the United States nuclear weapons program. Survivors may receive benefits under the Act “only if’ there is a 50% or greater probability that the decedent contracted cancer from…