U. S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
OFFICE OF WORKERS’ COMPENSATION PROGRAMS
DIVISION OF ENERGY EMPLOYEES OCCUPATIONAL
NAME OF EMPLOYEE:
Our records indicate that you have a claim filed under the Energy Employees Occupational Illness Compensation Program Act that recently received a dose reconstruction at the National Institute for Occupational Safety and Health (NIOSH).
I am writing to inform you that on November 28, 2007, NIOSH issued OCAS-PER-014 entitled, “Construction Trade Workers.” The changes identified in the report affect the dose reconstruction methodology by which a dose reconstruction is conducted.
The Division of Energy Employees Occupational Illness Compensation is obligated to ensure that the application of the dose reconstruction methodology is administered in a fair and consistent manner. As a result of the changes made by NIOSH, the prior dose reconstruction and percentage used to establish the compensability 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, I am returning 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.
I will then use the information from the revised dose reconstruction to recalculate the percentage 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 indicated above does not mean that your claim will be approved; it simply requires that your dose reconstruction be redone 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 status of the dose reconstruction, you may contact the NIOSH office located in Cincinnati, Ohio at 1-800-232-4636. Any other questions should still be addressed to this office.
cc: NIOSH Public Health Advisor