Mrs. Mary Smith
1234 Cherry Lane
Tonawanda, New York
Dear Mrs. Smith,
As you may know, a petition to add a class of former employees at the Nevada Test Site, Mercury, Nevada, 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 June 26, 2006, 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:
Department of Energy (DOE) employees or DOE contractor or subcontractor employees who worked at the Nevada Test Site from January 27, 1951 through December 31, 1962 for a number of work days aggregating at least 250 work days, either solely under this employment or in combination with work days within the parameters (excluding aggregate work day requirements) established for other classes of employees included in the SEC, and who were monitored or should have been monitored.
Since Congress did not take any action within 30 days of the submission of this report, this designation became effective on July 26, 2006.
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 the Nevada Test Sites between January 27, 1951 and December 31, 1962 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 the Nevada Test Site during the period January 27, 1951 through December 31, 1962 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 1-800-35-NIOSH (1-800-356-4674) or e-mail us at firstname.lastname@example.org. Additional information on NIOSH activities under EEOICPA can also be found at our website www.cdc.gov/niosh/ocas.
Larry Elliott, MSPH, CIH
Office of Compensation Analysis and Support