The legislation establishing the Tribunal, the Marshall Islands Nuclear
Claims Tribunal Act 1987, sought to facilitate efficient and uniform payment
of compensation for personal injury claims by providing for an administrative
approach to resolution of such claims. Specifically,
the Tribunal was directed to issue regulations establishing a list of medical
conditions which are irrebuttably presumed to be the result of the Nuclear
Testing Program. The regulations
were also to include the amount of compensation due an individual upon proof
of the existence of a listed condition and to provide the simplest and least
expensive method of adequately proving the existence of such a condition.
For eligible claimants, the administratively presumed
medical conditions and the amounts of compensation for each that will be
paid in pro rata annual payments are as follows:
| 1 | Leukemia (other than chronic lymphocytic leukemia) | $125,000 |
| 2 | Cancer of the thyroid | |
| a. if recurrent or requires multiple surgical and/or ablation | $75,000 | |
| b. if non-recurrent or does not require multiple treatment | $50,000 | |
| 3 | Cancer of the breast | |
| a. if recurrent or requires mastectomy | $100,000 | |
| b. if not recurrent or requires lumpectomy | $75,000 | |
| 4 | Cancer of the pharynx | $100,000 |
| 5 | Cancer of the esophagus | $125,000 |
| 6 | Cancer of the stomach | $125,000 |
| 7 | Cancer of the small intestine | $125,000 |
| 8 | Cancer of the pancreas | $125,000 |
| 9 | Multiple myeloma | $125,000 |
| 10 | Lymphomas (except Hodgkin's disease) | $100,000 |
| 11 | Cancer of the bile ducts | $125,000 |
| 12 | Cancer of the gall bladder | $125,000 |
| 13 | Cancer of the liver (except if cirrhosis or hepatitis B is indicated) | $125,000 |
| 14 | Cancer of the colon | $75,000 |
| 15 | Cancer of the urinary bladder | $75,000 |
| 16 | Tumors of the salivary gland | |
| a. if malignant | $50,000 | |
| b. if benign and requiring surgery | $37,500 | |
| c. if benign and not requiring surgery | $12,500 | |
| 17 | Non-malignant thyroid nodular disease (unless limited to occult nodules) | |
| a. if requiring total thyroidectomy | $50,000 | |
| b. if requiring partial thyroidectomy | $37,500 | |
| c. if not requiring thyroidectomy | $12,500 | |
| 18 | Cancer of the ovary | $125,000 |
| 19 | Unexplained hypothyroidism (unless thyroiditis indicated) | $37,500 |
| 20 | Severe growth retardation due to thyroid damage | $100,000 |
| 21 | Unexplained bone marrow failure | $125,000 |
| 22 | Meningioma | $100,000 |
| 23 | Radiation sickness diagnosed between June 30, 1946 and August 18, 1958, inclusive | $12,500 |
| 24 | Beta burns diagnosed between June 30, 1946 and August 18, 1958, inclusive | $12,500 |
| 25 | Severe mental retardation (provided born between May and September 1954, inclusive, and mother was present on Rongelap or Utirik Atolls at any time in March 1954) | $100,000 |
| 26 | Unexplained hyperparathyroidism | $12,500 |
| 27 | Tumors of the parathyroid gland | |
| a. if malignant | $50,000 | |
| b. if benign and requiring surgery | $37,500 | |
| c. if benign and not requiring surgery | $12,500 | |
| 28 | Bronchial cancer (including cancer of the lung and pulmonary system) | $37,500 |
| 29 | Cancer of the brain | $125,000 |
| 30 | Cancer of the central nervous system | $125,000 |
| 31 | Cancer of the kidney | $75,000 |
| 32 | Cancer of the rectum | $75,000 |
| 33 | Cancer of the cecum | $75,000 |
| 34 | Non-melanoma skin cancer in individuals who were diagnosed as having suffered beta burns under number 24 above | $37,500 |
| 35 | Cancer of the bone | $125,000 |
| 36 | Autoimmune thyroiditis | $12,500 |