Mrs. Mary Smith
1234 Cherry Lane
Dear Mrs. Smith,
As you may know, a petition to add a class of former employees at the S-50 Oak Ridge Thermal Diffusion Plant, in Oak Ridge, Tennessee, to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) was received by the National Institute for Occupational Safety and Health (NIOSH). This letter is to provide you with information on the status of this petition and the effect this petition may have on your claim.
On November 9, 2006, the Secretary of the Department of Health and Human Services (HHS), Michael Leavitt, designated the following class for addition to the SEC in a report to Congress:
Employees of the Department of Energy predecessor agencies and their contractors or subcontractors who were monitored or should have been monitored while working at the S-50 Oak Ridge Thermal Diffusion Plant for a number of work days aggregating at least 250 work days during the period from July 9, 1944, through December 31, 1951, or in combination with work days within the parameters established for one or more classes of employees in the SEC.
Since Congress did not take any action within 30 days of the submission of this report, this designation became effective on December 9, 2006.
This letter is to let you know that your claim for benefits under EEOICPA may be affected by this new designation. Our records indicate that you, or the energy employee on the claim, worked at the S-50 Oak Ridge Thermal Diffusion Plant during the period from July 9, 1944, through December 31, 1951, and were diagnosed with an SEC-specified cancer.
All decisions regarding your status as a member of the SEC, and any resulting action on your EEOICPA claim, will be made by the Department of Labor (DOL). We have sent a list of all claims that are with NIOSH awaiting completion of a dose reconstruction that appear to involve employment at the S-50 Oak Ridge Thermal Diffusion Plant during the period from July 9, 1944, through December 31, 1951 and an SEC-specified cancer to DOL for their review. Employment during this period and type of cancer are only two of the factors that DOL must consider to establish membership in the SEC. You will be informed of the results of this review when it is complete.
I hope this information is helpful. Should you have any further questions about the SEC process, or eligibility requirements for the new class of employees that has been added to the SEC, you should contact NIOSH at 1-800-35-NIOSH (1-800-356-4674) or e-mail us at firstname.lastname@example.org. Additional information on NIOSH activities under EEOICPA can also be found at our website www.cdc.gov/niosh/ocas.
Larry Elliott, MSPH, CIH
Office of Compensation Analysis and Support