U. S. DEPARTMENT OF LABOR

EMPLOYMENT STANDARDS ADMINISTRATION

OFFICE OF WORKERS’ COMPENSATION PROGRAMS

DIVISION OF ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION

1001 Lakeside Avenue

Suite 350

Cleveland, OH 44114

TELEPHONE:  (888) 859-7211

 

 

(date)                                                               FILE NUMBER: 

                                                                        NAME OF EMPLOYEE: 

(Claimant name)

(Claimant address)

(Claimant address)

 

Dear:

 

Our records indicate that you have a claim filed under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) that recently received a dose reconstruction at the National Institute for Occupational Safety and Health (NIOSH).  As such, I am writing to inform you that on March 29, 2007, NIOSH issued OCAS-PEP-012 entitled, “Program Evaluation Plan: Evaluation of Highly Insoluble Plutonium Compounds.” 

 

The PEP provides NIOSH’s plan for reevaluating dose reconstructions for certain claims to determine the impact of highly insoluble plutonium compounds at particular sites. It is NIOSH’s assessment that the existence of the highly insoluble plutonium compound at the (list facility) should be considered for Type Super S plutonium in the dose reconstruction. This change went into effect on February 6, 2007.

 

The DEEOIC is obligated to ensure that the application of the dose reconstruction methodology is administered in a fair and consistent manner.  Given the revision to the underlying scientific assumptions by which the dose reconstruction was performed by NIOSH, and the notification by NIOSH that “previously completed claims that were assigned plutonium doses at sites where this material is potentially available for exposure need to be reexamined to determine the impact (if any) on the dose assessment,” the prior dose reconstruction/POC calculation on your claim may be invalid.  While the modification to the dose reconstruction methodology may not impact the outcome of your claim, it is necessary for your claim to undergo a new dose reconstruction.  Accordingly, it is necessary to return your case to NIOSH for a new dose reconstruction.

 

Once the revised dose reconstruction is complete, you will have the opportunity to review the dose reconstruction report, and will again be required by NIOSH to sign the OCAS-1 to acknowledge your receipt of the revised report and dose reconstruction results. 

 

DEEOIC will then use the information from the revised dose reconstruction to recalculate the POC to determine whether the claimed cancer(s) was at least as likely as not (50% or greater)


related to the covered employment.  You will be notified in writing regarding the status of your claim.

                                                                                            

If you have specific questions regarding the status of the dose reconstruction, you may contact the NIOSH office located in Cincinnati, Ohio at (513) 533-6800 or (513) 533-8423.  Any other questions should still be addressed to this office.

 

Sincerely,

 

 

 

Claims Examiner

 

cc:  NIOSH Public Health Advisor