Attention: This bulletin has expired and is inactive.


EEOICPA BULLETIN NO.08-11

Issue Date: November 27, 2007

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Effective Date: November 27, 2007

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Expiration Date: November 27, 2008

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Note: This bulletin updates Bulletin No.08-01, “Rocky Flats SEC designations,” and Bulletin No. 08-03 “SEC class designation for the early years at the Hanford Engineer Works.” It also corrects a phone number referenced in attachment #6 to Bulletin No. 08-01.


Subject
: New coding instructions for cases that are reviewed under a new SEC or PEP/PER.

Background: Bulletin 08-01, entitled “Rocky Flats SEC designations,” and Bulletin 08-03, entitled “SEC class designation for the early years at the Hanford Engineer Works,” outline the procedures for processing cases affected by the Rocky Flats SEC and the Hanford SEC, respectively. Associated with these bulletins are lists of cases requiring review for potential inclusion into these new classes of the SEC. If a case needs to be returned to NIOSH or a new recommended decision issued after a case is reviewed, those actions can be tracked through ECMS coding. However, to date there has been no code to denote when the result of a case review is that no further action is necessary. Because of this, a new code has been created – ‘NA’ (No Action Necessary). This bulletin discusses the use of this new code as it pertains to the noted prior bulletins and future similar bulletins.

References: Energy Employees Occupational Illness Compensation Program Act of 2000, 42 U.S.C. § 7384 et seq.; 42 C.F.R. Part 83, Procedures for Designating Classes of Employees as Members of the Special Exposure Cohort Under EEOICPA; EEOICPA Bulletin 08-01, “Rocky Flats SEC designations;” and EEOICPA Bulletin 08-03, “SEC class designation for the early years at the Hanford Engineer Works.”

Purpose: To provide guidance on using new ECMS codes for tracking certain cases requiring review under new SEC classes or PEP/PERs.

Applicability: All staff.

Actions:

1. The Division of Energy Employees Occupational Illness Compensation (DEEOIC) provided the District/FAB offices with two lists of cases identifying those which require a review under Bulletin Numbers 08-01 and 08-03, respectively. For cases on the lists that have been reviewed and it is determined that no action needs to be taken (neither a new recommended decision to accept based on the SEC or a return to NIOSH), the CE will document the file with a short memo to the file denoting that the case was reviewed under the bulletin and explaining why no additional action is necessary. The CE must then enter the status code ‘NA’ – No Action Necessary into ECMS and select the appropriate reason code from the reason code drop down list.

For Rocky Flats cases that were reviewed under Bulletin 08-01 and require no additional action, the reason code that must be selected is ‘01S’ (Reviewed under Bulletin No. 08-01, Rocky Flats SEC). For Hanford cases that were reviewed under Bulletin 08-03 and require no additional action, the reason code that must be selected is ‘03S’ (Reviewed under 08-03, Hanford SEC). The status effective date of the ‘NA’ code is the date of documentation certifying that no action is needed. If a case is reviewed under multiple lists for different SECs (or PERs), a ‘NA’ code (and accompanying documentation) must be entered each time the case is reviewed and it is determined that no action needs to be taken under the bulletin.

2. Attachment 6 to Bulletin 08-01 is a letter that NIOSH is sending to claimants as part of the Actions specified in that Bulletin. NIOSH has informed DEEOIC that the letter contains an incorrect phone number. The number listed is 513-533-8423 and it should be 513-533-8426.

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