Text Box:  DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service

EEOICPA Bulletin 08-36 Attachment 2

NIOSH Tracking Number:

Energy Employee

National Institute for Occupational

Safety and Health

Robert A. Taft Laboratories

4676 Columbia Parkway

Cincinnati, OH 45226-1998

Phone: 513-533-8423

Fax: 513-533-6840

Name June 30, 2008

Address

City, State, Zip, Country

Dear Claimant Name:

As you may know, a petition to add a class of former employees at the Kellex/Pierpont facility, in Jersey City, New Jersey, to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) was received by the National Institute for Occupational Safety and Health (NIOSH). This letter is to provide you with information on the status of this petition and the effect this petition may have on your claim.

On May 30, 2008, the Secretary of the Department of Health and Human Services (HHS), Michael Leavitt, designated the following class for addition to the SEC in a report to Congress:

All Atomic Weapons Employer (AWE) employees who worked at the Kellex/Pierpont facility in Jersey City, New Jersey, from January 1, 1943, through December 31, 1953, for a number of work days aggregating at least 250 work days occurring either solely under this employment or in combination with work days within the parameters established for one or more other classes of employees in the Special Exposure Cohort.

Since Congress did not take any action within 30 days of the submission of this report, this designation became effective on June 29, 2008.

This letter is to let you know that your claim for benefits under EEOICPA may be affected by this new designation. Our records indicate that you, or the energy employee on the claim, worked at Kellex/Pierpont, Jersey City, New Jersey, during the period from January 1, 1943, through December 31, 1953, and were diagnosed with an SEC-specified cancer.

All decisions regarding your status as a member of the SEC, and any resulting action on your EEOICPA claim, will be made by the Department of Labor (DOL). We have sent a list of all claims that are with NIOSH awaiting completion of a dose reconstruction that appear to involve employment at Kellex/Pierpont, Jersey City, New Jersey, during the period from January 1, 1943, through December 31, 1953, and an SEC-specified cancer to DOL for their review. Employment during this period and type of cancer are only two of the factors that DOL must consider to establish membership in the SEC. You will be informed of the results of this review when it is complete.

I hope this information is helpful. Should you have any further questions about the SEC process, or eligibility requirements for the new class of employees that has been added to the SEC, you should contact NIOSH at 1-800-CDC-INFO (1-800-232-4636; please press 1 to speak with an operator) or e-mail us at ocas@cdc.gov. Additional information on NIOSH activities under EEOICPA can also be found at our website www.cdc.gov/niosh/ocas.

Sincerely,

Larry Elliott

Director,

Office of Compensation, Analysis, and Support

(800) 232-4636

Representatives