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EEOICPA BULLETIN NO.08-02

Issue Date: October 25, 2007

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Effective Date: October 25, 2007

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Expiration Date: October 25, 2008

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Note: This bulletin updates Bulletin No.07-27 to include coding instructions for development letters sent to NIOSH as well as coding the response received from NIOSH.


Subject: Supplemental Guidance on Processing Cases Affected by OCAS-PER-012, entitled “Evaluation of Highly Insoluble Plutonium Compounds.”

Background: Bulletin 07-27 outlines the process of processing cases affected by OCAS-PER-012, entitled “Evaluation of Highly Insoluble Plutonium Compounds.” After the issuance of Bulletin 07-27, the need for ECMS codes to track development letters sent to NIOSH, and their response, was identified. This bulletin provides the codes associated with sending letters to the PHAs at NIOSH inquiring as to the applicability of OCAS-PER-012, as well as coding the response received from NIOSH.

References: NIOSH document, OCAS-PEP-012 Rev-00, “Program Evaluation Plan: Evaluation of Highly Insoluble Plutonium Compounds,” approved on March 29, 2007, viewed at http://www.cdc.gov/niosh/ocas/pdfs/peps/oc-pep12-r0.pdf; OCAS-PER-012, “Evaluation of Highly Insoluble Plutonium Compounds.”

Purpose: To provide procedures for processing claims with a final decision to deny that may be affected by NIOSH’s OCAS-PER-012, including ECMS coding instructions.

Applicability: All staff.

Actions:

1. Action item 5 in EEOICPA Bulletin 07-27 discusses a separate list of cases being provided that are not on the NIOSH list of cases requiring reopening, but appear to be affected by OCAS-PER-012. The responsible CE should review each case on the list and confirm that the case meets the parameters for the PER, i.e. Super S site, POC <50%, DR signed prior to February 6, 2007. Once all three parameters are determined to have been met, the CE sends a letter to the PHA assigned to the district office at NIOSH inquiring as to the applicability of OCAS-PER-012 (see Attachment 4 in EEOICPA Bulletin 07-27). At that time, the CE enters the code LNS (Letter sent to NIOSH) into the claim status history in ECMS. The claims status date of the code is the date of the letter. The CE should also send a letter to the claimant explaining our action (see Attachment 5 in EEOICPA Bulletin 07-27). When a response to the inquiry is received from NIOSH, the CE enters the code LNR (Letter/Response Received from NIOSH) into the claim status history in ECMS. The claim status date of the code is the date the response is received in the appropriate office, which is the date of the date stamp. Once NIOSH responds, the DO proceeds to reopen the case if appropriate.

Disposition: Retain until incorporated in the Federal (EEOICPA) Procedure Manual.

PETER M. TURCIC

Director, Division of Energy Employees

Occupational Illness Compensation

Distribution List No. 1: Claims Examiners, Supervisory Claims Examiners, Technical Assistants, Customer Service Representatives, Fiscal Officers, FAB District Managers, Operation Chiefs, Hearing Representatives, and District Office Mail & File Sections