NAME OF EMPLOYEE:
I am writing in reference to the claim you filed under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). This letter is to inform you that the National Institute for Occupational Safety and Health (NIOSH) has recently made changes to the scientific methodology used for calculating radiation dose during the dose reconstruction process for lymphoma.
On March 8, 2007, NIOSH issued Program Evaluation Report, Document Number OCAS-PER-009, modifying the target organs used in dose reconstructions for certain lymphoma cancers because it recognized that the site of the radiation injury can differ from the site of the tumor or cancer origin. In addition, NIOSH found that the site listed in the diagnosis of a cancer may not be the site of primary involvement. As such, the change to the dose reconstruction methodology includes selecting the target organ that would have received the highest radiation dose when the identity of the target organ is in question.
NIOSH re-evaluated your claim to determine if the change in applicable organ(s) would have an effect on the compensability of your claim and reported their findings in the “Claim Review in Support of Program Evaluation Report.” As indicated in the report, NIOSH determined that the change in the scientific methodology does not affect the compensability of your claim. A copy of the report is attached for your reference.
The EEOICPA regulations provide that a claimant may file a written request that the Director of the Division of Energy Employees Occupational Illness Compensation (DEEOIC) reopen his or her claim. The regulations further state that one way to support the request to reopen is to submit evidence of a change in the dose reconstruction method.
The modification to the underlying scientific methodology by which a dose reconstruction for lymphoma is performed forms the basis for a reopening request. While NIOSH has indicated the change in methodology does not alter the compensability of your claim, you may request that your case be reopened for a rework of the radiation dose reconstruction. Your request must be submitted in writing and should state that you are requesting a reopening based on the OCAS-PER-009. Please submit your request to:
U.S. Department of Labor/DEEOIC
If you have any questions regarding the PER, please contact NIOSH directly at 1-800-35-NIOSH.
Enc: Claim Review in Support of Program Evaluation Report