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EEOICPA Bulletin No. 08-16

Issued Date: March 21, 2008

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Effective Date: March 21, 2008

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Expiration Date: March 21, 2009

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Note: This Bulletin updates Bulletin 08-13 (NIOSH’s OCAS-PER-016, entitled “Implementation of IREP procedures for claims near 50% probability of causation”) to correct all references of IREP Version 5.5.2(4) to version 5.5.2.

Subject: NIOSH’s OCAS-PER-016, entitled “Implementation of IREP procedures for claims near 50% probability of causation.”

Background: On January 23, 2008, the Division of Energy Employees Occupational Illness Compensation (DEEOIC) issued EEOICPA Bulletin No. 08-13, NIOSH’s OCAS-PER-016, entitled “Implementation of IREP procedures for claims near 50% probability of causation.” Bulletin 08-13 included steps for identifying those cases that should be returned to NIOSH. One of these steps included identifying the IREP Version used in calculating the probability of causation. After the issuance of the Bulletin, NIOSH notified DEEOIC that the “(4)” in IREP Version 5.5.2(4) was incorrect and that the correct IREP Version is 5.5.2.

References: NIOSH document, OCAS-PER-016, “Implementation of IREP procedures for claims near 50% probability of causation,” effective September 25, 2007, found at http://198.246.98.21/niosh/ocas/pdfs/pers/oc-per16-r0.pdf.

Purpose: To correct the reference to the appropriate IREP Version.

Applicability: All staff.

Actions:

1. To determine whether any of the cases identified on the comprehensive list (previously distributed to the district/FAB offices) should be returned to NIOSH, the following criteria should be used:

  • A dose reconstruction conducted prior to June 6, 2006 (as determined by the “Calculations performed by” date found on the most recent NIOSH Report of Dose Reconstruction under the EEOICPA on file), and
  • The POC was at least 45% but less than 50%, and
  • IREP Model 5.5.2 was not utilized in the POC calculation.

No action is required on cases with a dose reconstruction if IREP Version 5.5.2 was utilized in calculating the POC.

2. The second paragraph in Bulletin 08-13, Action Item #3 states “if ECMS indicates that IREP Version 5.5.2 was used instead of 5.5.2(4), then… ” This statement is no longer appropriate and should read as follows:

The CE can verify the IREP version used in the POC calculation in ECMS. However, if the IREP version is not found in ECMS, then the CE should review the NIOSH CD for the IREP version. On the NIOSH CD, the CE looks for an HTML document named “IREP Summar…..” This document, when opened, is titled “NIOSH-Interactive RadioEpidemiological Program Probability of Causation Results.” The NIOSH-IREP version used in the PoC calculation is shown in the second entry on the top of the right hand column. If NIOSH IREP Version 5.5.2 was not utilized in the calculation of the POC, the CE is to return the case to NIOSH for a new dose reconstruction.

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

Peter M. Turcic

Director, Division of Energy Employees

Occupational Illness Compensation