EEOICPA CIRCULAR NO. 13-09 April 5, 2013
SUBJECT: Battelle Laboratories King Avenue Special Exposure Cohort Class (SEC) from April 16, 1943 through June 30, 1956.
The purpose of this Circular is to notify all Division of Energy Employees Occupational Illness Compensation (DEEOIC) staff of the SEC class designation for Battelle Laboratories at the King Avenue facility located in Columbus, Ohio.
Pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) and 42 C.F.R. Part 83, a petition was filed on behalf of workers from Battelle Laboratories at the King Avenue facility in Columbus, Ohio, to be added to the SEC.
The decision to initiate this petition occurred after the National Institute for Occupational Safety and Health (NIOSH) determined that it could not reconstruct a dose under 42 C.F.R. § 83.13. NIOSH submitted its findings to the Advisory Board on Radiation and Worker Health (“the Board”) on December 11, 2012. On February 4, 2013, the Secretary of Health and Human Services (HHS) received the Board’s recommendation to add to the SEC a class of Employees who worked at Battelle Laboratories at the King Avenue facility in Columbus, Ohio.
On March 6, 2013, the Secretary of HHS designated the following class for addition to the SEC in a report to Congress:
All Atomic Weapons Employees who worked at the King Avenue facility owned by Battelle Laboratories in Columbus, Ohio, during the period from April 16, 1943, through June 30, 1956, 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 included in the Special Exposure Cohort.
A copy of the Secretary’s letter to Congress recommending the designation is included as Attachment 1. Although Congress had the authority to reject the recommendation within a 30-day time frame, Congress took no action. Therefore, the SEC designation for this class became effective as of April 5, 2013, which was 30 days after the Secretary of HHS designated the class for addition to the SEC in the report to Congress.
To qualify under this SEC class, the employee must be an Atomic Weapons employee who worked at the King Avenue facility owned by Battelle Laboratories in Columbus, Ohio, during the period from April 16, 1943 through June 30, 1956. If the employee does not have 250 workdays at the King Avenue facility owned by Battelle Laboratories during the period of the class, the case file must be reviewed to determine if additional days in the SEC can be found by combining days from employment meeting the criteria for other SEC classes and aggregating them together to meet the 250-workday requirement.
Battelle, however, is a large corporation with employees in many locations. This class for SEC only applies to those employees who worked at the King Avenue facility. The Battelle location on West Jefferson in Columbus, Ohio is not part of the SEC.
While a new SEC class has been added for Atomic Weapons employees at the King Avenue facility owned by Battelle Laboratories, NIOSH intends to use any available internal and external monitoring data that may become available for an individual claim (and that can be interpreted using existing NIOSH dose reconstruction processes or procedures). This means that for claims that do not satisfy the SEC membership criteria, a partial dose reconstruction is to be performed by NIOSH.
A copy of the NIOSH letter to affected facility owned by Battelle Laboratories employees is included as Attachment 2.
This Circular should be used in conjunction with EEOICPA Bulletin 11-07, Special Exposure Cohort Claim Processing. A screening worksheet is included as Attachment 3.
As outlined in EEOICPA Bulletin No. 11-07, the district offices and Final Adjudication Branch (FAB) offices are to use the comprehensive list provided as the basis for an initial screening of cases associated with all SEC classes. All cases on the comprehensive list, that are located at a district office or FAB office, must be reviewed for possible inclusion in the SEC class. The jurisdictional office listed on the comprehensive report as the location of where the case resides is responsible for ensuring that screening occurs for that case. For screening only, the results reflected on the initial screening worksheet must be recorded in ECS using the Screening (SEC/PER/Other) Navigation Panel. From the Screening (SEC/PER/Other) Navigation Panel, on the case, select the ‘Create’ button. Based on the result of the review and in accordance with the ‘SEC Class Screening Worksheet’, select the appropriate result of “Likely” if the case is likely an SEC, “Unlikely” if it is unlikely that the case will be an SEC or “Development Needed” if development is needed. The date of the signed worksheet is recorded in the “Date” field. The reason associated with the SEC is selected in the “Reason” field. For this SEC, the reason is “Rvwd per Circular 13-09, Battelle Laboratories (04/16/1943 – 06/30/1956).” If the CE determines that the case is going to be awarded based on a SEC, a positive SEC causation path must be entered into ECS. This process is the equivalent of the SER/SEF codes discussed in Bulletin 11-07.
RACHEL P. LEITON
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, District Office Mail & File Section