U. S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
OFFICE OF WORKERS’ COMPENSATION PROGRAMS
DIVISION OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
NAME OF EMPLOYEE:
Our records indicate that you have filed a claim under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) that received a dose reconstruction at the National Institute for Occupational Safety and Health (NIOSH).
I am writing to inform you that on December 18, 2007, NIOSH issued a report called “OCAS-PER-029 Hanford TBD Revisions.” The changes identified in the report affect the dose reconstruction methodology by which a dose reconstruction is conducted.
We are obligated to ensure that the application of the dose reconstruction methodology is administered in a fair and consistent manner. As a result of changes made by NIOSH, the prior dose reconstruction and the percentage used to establish the compensability on your claim may be invalid. While the modification may or may not impact the outcome of your claim, it is necessary for your claim to undergo a new dose reconstruction in order to make that determination. Accordingly, I am returning your case to NIOSH.
Once the revised dose reconstruction is complete, you will have the opportunity to review the dose reconstruction report, and NIOSH will again require you to sign the OCAS-1 to acknowledge your receipt of the revised report and dose reconstruction results.
I will then use the information from the revised dose reconstruction to determine whether the claimed cancer(s) was at least as likely as not (50% or greater) related to the covered employment.
Again, the change described above does not mean that your claim will be approved; it simply requires that your dose reconstruction be redone by NIOSH using the new guidance. NIOSH will inform you of the results of that new dose reconstruction, and a new decision will be issued on your claim using the new dose reconstruction.
If you have specific questions regarding the changes or the status of the dose reconstruction, you may contact the NIOSH office located in Cincinnati, Ohio at 800-232-4636. Any other questions should still be addressed to this office.
cc: NIOSH Public Health Advisor