(date)                                                               FILE NUMBER: 

                                                                        NAME OF EMPLOYEE: 

(Claimant name)

(Claimant address)

(Claimant address)

 

Dear Claimant:

 

This letter is in reference to your claim for compensation under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). 

 

Your case previously underwent a dose reconstruction by the National Institute for Occupational Safety and Health (NIOSH).  Later, the Department of Labor (DOL) used this dose reconstruction to make a decision about your eligibility for benefits under EEOICPA, which resulted in a denial of your claim for benefits. 

 

On March 29, 2007, NIOSH advised us about a change they made to their underlying method by which they perform dose reconstructions for certain facilities.  (This change was explained in a document called OCAS-PEP-012, Program Evaluation Plan: Evaluation of Highly Insoluble Plutonium Compounds.)  NIOSH has decided that it did not properly account for a particular type of radioactive material (highly insoluble forms of plutonium or “Super S”) that could have been present at certain atomic weapon production facilities.  Therefore, NIOSH has decided that they must make changes to the model they use for dose reconstructions. 

 

NIOSH has advised the Department of Labor (DOL) that as of February 6, 2007 they began using a new model for performing dose reconstructions at the following facilities:

 

Albuquerque Operations Office

Amchitka

Argonne National Laboratory-East

Argonne National Laboratory-West

Area IV Santa Susana

Battelle (King and/or W. Jefferson)

Brookhaven

Clarksville

Conn. Aircraft Nuclear Eng. Lab

General Atomics

General Electric-Evendale (Ohio)

General Electric-Vallecitos

Hanford

Pacific Northwest National Laboratory

Idaho National Engineering Environmental Laboratory (INEEL)
Los Alamos National Laboratory (LANL)
Lawrence Berkeley National Laboratory (LBNL)
Lawrence Livermore National Laboratory (LLNL)
Mound

 

Nevada Site Office

Nevada Test Site (NTS)

Nuclear Material and Equipment Corporation

(NUMEC) (Apollo)

Nuclear Material and Equipment Corporation (Parks Township)

Pantex

Peek Street

Rocky Flats

Salmon Nuclear

Standard Linear Accelerator Center (SLAC)

Sandia National Lab (SNL)

SNL-Livermore

Separations Process Research Unit (Knolls)

Savannah River Site

Tonopah Test Site

West Valley

Westinghouse Nuclear Fuels Division

W.R. Grace

       X-10 (ORNL)

At this time, DOL does not know if the change in guidance will increase the amount of radiation estimated in the new dose reconstruction or increase the probability of causation enough to get to 50%.   However, our records show that your case may be impacted by NIOSH’s change in guidance.  Therefore, we are requesting that NIOSH:  (1) determine if your case requires a new dose reconstruction and (2) notify you and DOL of their determination.  

 

Presently, you do not need to take any action.  If NIOSH determines that your case needs a new dose reconstruction, DOL will issue a Director’s Order that will invalidate your prior dose reconstruction and formally reopen your claim.  Next, DOL would return your case to NIOSH for a new dose reconstruction using the most recent NIOSH guidance.

 

However, you should know that even if NIOSH does a new dose reconstruction for your case, there is no assurance that this would result in a change to your eligibility for EEOICPA benefits.  Nevertheless, DOL believes this is the only way to ensure the fair and complete adjudication of your claim -- regardless of outcome.

 

Should you have questions regarding NIOSH’s changes initiated in the dose reconstruction process or OCAS-PEP-012, Program Evaluation Plan: Evaluation of Highly Insoluble Plutonium Compounds, please contact NIOSH directly at 1-800-35-NIOSH. 

 

Sincerely,

 

 

 

(Claims Examiner)