While a case is at NIOSH for dose reconstruction, claimants and their authorized representatives may have questions about the status of their case, their case records, or other general program-related issues.
To answer questions about these various case concerns, NIOSH developed a list of Frequently Asked Questions (FAQs) below. Links to other program FAQs are located on the "Find It!" navigation box under "On this page . . ."
Select the question you are interested in below by clicking its link. You will be taken to the answer located on this page. Links throughout the FAQs will guide you to further information.
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Case Concerns
- How can I get the status of my case?
While your case is with NIOSH for dose reconstruction, you can obtain the current status of your case in one of the following ways:
- Place a request through the Status of Your Dose Reconstruction on our Web site
- Send an e-mail request at ocas@cdc.gov
- Contact NIOSH directly at 513-533-6800
- Contact NIOSH toll-free at 1-877-222-7570
- Contact a NIOSH Public Health Advisor (PHA) directly. PHAs are assigned to cases based upon the Department of Labor (DOL) District Office where you originally filed your claim:
- Jacksonville, FL: (513) 533-8425
- Cleveland, OH: (513) 533-8423
- Denver, CO: (513) 533-8426
- Seattle, WA: (513) 533-8424
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- How did you determine my tracking number?
Cases are given the tracking number based on the order in which we received them from DOL. For example, if your tracking number is 63, your case was the sixty-third case we received from DOL.
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- Does my tracking number indicate the order in which you will do dose reconstructions?
No, NIOSH assigned the tracking number for the sole purpose of tracking your case. To be fair to all claimants, we begin work on the dose reconstruction in the order the cases were received from DOL and to the extent that we have the data we need. We are handling all cases as quickly as possible.
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- How can I get the authorization to represent or speak on behalf of a claimant?
To get the authorization to represent or speak on behalf of a claimant, please contact the DOL District Office where you originally filed your claim and tell them that you would like to appoint someone to represent you under EEOICPA (The Act):
- Jacksonville, FL: 1-877-336-4272
- Cleveland, OH: 1-888-859-7211
- Denver, CO: 1-888-805-3389
- Seattle, WA: 1-888-805-3401
Please Note: DOL permits a claimant to appoint, in writing, one individual to represent his or her interests under The Act. DOL regulations specify that there can be only one representative at any one time. Therefore, after one representative has been properly appointed, DOL will not recognize another individual as a representative until the claimant withdraws the authorization of the first individual.
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- From the time I filed my claim with the Department of Labor (DOL), I now have additional medical records that I want added to my file. Should I send this information to NIOSH?
Any information you wish to submit regarding your claim may be provided to NIOSH, and we will add it to your claim file for consideration. However, if you have an additional primary cancer that was not reported when you originally filed your claim with DOL, you will need to contact DOL and provide them with this information. Once a case has been sent to NIOSH for dose reconstruction, the cancer information has already been verified. Any additional primary cancers to be added to your file will need to be verified by DOL before we can consider it in the dose reconstruction. Once the addtional information is verified by DOL, the new information will be sent to NIOSH to include in your dose reconstruction.
Please contact the DOL District Office where you originally filed your claim and provide them with your additional information as soon as possible:
- Jacksonville, FL: 1-877-336-4272
- Cleveland, OH: 1-888-859-7211
- Denver, CO: 1-888-805-3389
- Seattle, WA: 1-888-805-3401
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- From the time I filed my claim with the Department of Labor (DOL), I now have additional employment information that I want added to my file. Should I send this information to NIOSH?
If you have additional employment information that was not reported when you originally filed your claim with DOL, you will need to notify DOL and provide them with this information. Once a case has been sent to NIOSH for dose reconstruction, employment has already been verified. Any additional employment to be added to your file will need to be verified by DOL before we can consider it in the dose reconstruction. Once the addtional information is verified by DOL, the new information will be sent to NIOSH to include in your dose reconstruction.
Please contact the DOL District Office where you originally filed your claim and provide them with your additional information as soon as possible:
- Jacksonville, FL: 1-877-336-4272
- Cleveland, OH: 1-888-859-7211
- Denver, CO: 1-888-805-3389
- Seattle, WA: 1-888-805-3401
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- The Department of Labor (DOL) already has my medical records. Why do you need to request information from the Department of Energy (DOE)?
The information we are requesting from DOE is your exposure monitoring information. In order to conduct the dose reconstruction for your case, we need to identify the levels of radiation to which you were exposed. We may review your medical records while conducting the dose reconstruction; however, your exposure monitoring records will provide us with one source of information we need to conduct our dose reconstruction.
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- How long does the Department of Energy (DOE) have to provide exposure monitoring information to NIOSH?
We expect DOE to provide us with a response to our request for exposure monitoring information within 60 days. This response may contain dose information or may indicate only how they are proceeding in fulfilling the request for information.
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- What happens once the Department of Energy (DOE) request for exposure monitoring information goes past 60 days?
We closely monitor the number of days since a DOE request was sent. Once the request exceeds the 60 day mark, we contact the DOE Operations Office where the request was sent and notify them, in a report that is compiled and sent monthly, as to which requests have exceeded 60 days. Please note that we are working closely with DOE to improve the efficiency of their records retrieval process.
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- Can I have a copy of the exposure monitoring records that NIOSH received from the Department of Energy (DOE)?
In order to receive a copy of the records we received from DOE, we will need a written request from you. The written request can be in the form of a letter, e-mail, or fax. Please send the request to:
NIOSH/OCAS
4676 Columbia Parkway
Mailstop C-45
Cincinnati, Ohio 45226
E-mail: ocas@cdc.gov
Fax: (513) 533-6826
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- When I filed my claim with the Department of Labor (DOL), I included a copy of my exposure monitoring information. Why does NIOSH still need to request this information from the Department of Energy (DOE)?
We need to make every effort to acquire all relevant exposure monitoring information on each case. The information we request from DOE is quite extensive and in most cases, more detailed and complete than the information you receive.
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- I have a copy of my exposure monitoring records. Should I send this information to NIOSH?
We welcome any information you wish to provide which you may feel help your claim.
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- Will NIOSH have to exhume bodies to conduct the dose reconstruction?
No. NIOSH will not have to exhume bodies in order to conduct the dose reconstructions.
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- How can NIOSH determine whether or not radiation exposure was a factor in causing a specific cancer?
DOL will use the energy employee's personal characteristics, employment, medical information, and dose reconstruction results developed by NIOSH to determine whether or not the radiation exposure may have been a factor in causing a specific cancer.
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- The Department of Labor (DOL) has determined that my cancer was not caused by occupational radiation exposure. What else could have caused me to get cancer?
It is important to remember that not all cancers are caused by radiation. Cancer may also be caused by one or more factors related to our environment, lifestyle, or heredity. Within each of these, scientists have identified behaviors, characteristics, or activities (risk factors) that increase the chance of developing cancer. For example, smoking is a lifestyle risk factor that increases the chance of developing lung and many other types of cancer.
Additional information on cancer and risk factors can be found on the National Cancer Institute's Web site.
External Link: http://www.cancer.gov/cancertopics/wyntk/overview/
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- If EEOICPA (The Act) became a law in 2000, why didn't NIOSH start processing cases until 2001? What caused the backlog of cases?
DOL began accepting claim applications on July 31, 2001, and sent the first batch of cases to NIOSH on October 11, 2001, for dose reconstruction. However, the responsibilities given to NIOSH for this compensation program were new to the agency at that time. These cases were being sent to us before we had the necessary infrastructure, rules and regulations, staff, technical documents, and other process and procedures required for dose reconstruction in place, causing a backlog of claims.
NIOSH is doing all that we can to move cases through our dose reconstruction program as quickly as possible. The development of the site profiles; the development of efficient methods, tools, and techniques; and the standardization of the methods, procedures, and reports used in dose reconstruction have all assisted in this effort. The rate for processing claims has increased significantly since 2001. While it required 26 months to complete the first 1,000 dose reconstructions, NIOSH currently completes approximately 300-400 dose reconstructions per month.
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- How many people have been paid under Subtitle B of The Act?
Compensation paid under Subtitle B is reported under the "Part B Statistics" section on the DOL EEOICP Web site.
External Link: http://www.dol.gov/esa/regs/compliance/owcp/eeoicp/main.htm
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- How many workers with cancer will receive compensation under Subtitle B of The Act?
It will depend on the types of cancers workers have developed and the levels and types of radiation doses they have received in their workplace. Compensation that has already been paid under Subtitle B can be found under the "Part B Statistics" section on the DOL EEOICP Web site.
External Link: http://www.dol.gov/esa/regs/compliance/owcp/eeoicp/main.htm
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- Will the money ever run out for this program?
The funding for awarding compensation is established as an entitlement fund in the Treasury and is replenished as necessary. It will take an act of Congress to limit or remove the funding for compensation in this program.
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- Why not just pay the workers? Isn't it cheaper?
Although just paying workers may seem easier and cheaper, The Act was not set up that way. The Act is a compensation program designed to provide compensation according to a law established by Congress.
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- I have heard that all of the compensation money is being spent on hiring people. Is that true?
The funding for the compensation awards and the funding for staffing NIOSH, DOL, and DOE for this program are separate sources. The money for staff salaries, operation expenses, etc., IS NOT taken from the same funding source from where the compensation money is awarded. That money has been set aside for the sole purpose of awarding compensation.
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- This program seems to work like a lottery. I worked at a covered facility for 40 years and was denied compensation. I know of another employee who worked at the same facility for only 10 years and received compensation. Is compensation just the luck of the draw?
This program is not a lottery. Cancer risk models and the amount of radiation dose an energy employee was exposed to are the main determinants of Probability of Causation-- the likelihood that the cancer was "at least as likely as not" due to exposure to ionizing radiation during employment at a covered facility. The cancer risk models are based on the best science available and the radiation dose levels are based mostly on very generous dose reconstruction methods and assumptions. The assumptions used in conducting dose reconstructions are designed to err in favor of the claimant whenever estimated radiation dose levels are used.
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- Is this program a hoax? Will everyone eventually be denied?
This program is not a hoax. Claims that are found to be compensable will be paid by DOL. There was a large initial amount of claims submitted and it is taking time to process the claims. NIOSH is doing all that we can at the current time to move the claims through our process as quickly as possible.
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- I no longer want to have my claim filed for this compensation program. Would you please remove my claim from the compensation program?
NIOSH does not have the authority to pull a claim. Please contact the DOL District Office where you originally filed your claim:
- Jacksonville, FL: 1-877-336-4272
- Cleveland, OH: 1-888-859-7211
- Denver, CO: 1-888-805-3389
- Seattle, WA: 1-888-805-3401
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- NIOSH completed my dose reconstruction and DOL calculated the probability
of causation for my claim to be less than 50%. As a result, DOL's recommended decision was to deny compensation
for my claim. I have subsequently had two additional cancers. I reported the two additional cancers to DOL and
my case was returned to NIOSH for a new dose reconstruction. NIOSH completed the new dose reconstruction using
my two additional cancers and when DOL determined my probability of causation, it was again less than 50%. In
fact, once the two new cancers were added to my dose reconstruction, the probability of causation percentage
calculated by DOL was lower than the value of my first dose reconstruction. How is this possible? Shouldn't the
addition of two more cancers increase the probability of causation value?
NIOSH understands this concern. It may seem obvious that when additional cancers are added to a dose reconstruction
it would increase the probability that radiation caused the multiple cancers. However, in some cases, the NIOSH
dose reconstruction will result in a lower probability of causation when additional cancers are added. An
explanation for how and why this can happen is as follows:
Accurately estimating the exposure a worker received while working at a covered facility is a time consuming process.
In order to complete dose reconstructions in as timely and efficient a manner as possible, NIOSH may make
assumptions on dose estimates that are favorable to the claimant in order to simplify the dose reconstruction
process.
For instance, instead of completing a dose reconstruction which precisely estimates the worker's exposure for
cases that would most likely result in a probability of causation well below the 50% necessary for the claim to
be compensable by DOL, NIOSH will significantly over-estimate the exposure based on the highest levels of exposure
observed or possible for the facility. If the claim will not be compensable even when using these significantly
over-estimated exposure estimates, then no further refinement to the dose reconstruction is required.
This manner of dose reconstruction is called an "efficiency measure" because it allows NIOSH to issue a
timely dose reconstruction where attempts to refine the exposure estimate would not result in a compensable claim
(i.e., a full dose reconstruction would in all likelihood produce a much lower probability of causation than the
over-estimated exposure values used).
Anytime a new cancer(s) is reported to NIOSH by DOL, NIOSH is required to rework the dose reconstruction to include
the new cancer(s). If the new cancer(s) creates a potentially compensable case, NIOSH must refine the dose
reconstruction using more probable and precise exposure estimates and not the significant over-estimates as mentioned
above. These new, more accurate exposure estimates will be lower than the original estimate because we no longer
use the assumptions which overestimated the radiation dose for the cancer found in the initial dose reconstruction.
The revised radiation dose estimate may result in a probability of causation for the new cancer(s) that is lower than
the non-compensable estimate that was obtained for the first cancer using the over-estimated radiation exposure. That
is why the addition of a new cancer(s) may result in a probability of causation that is lower than the probability
found for the single original cancer. However, it is possible for additional cancer(s) to produce a full dose
reconstruction that will be determined to be compensable by DOL.
The use of "efficiency measures" and procedures for dose reconstructions that NIOSH follows under EEOICPA
are described in detail in Final Rule: Methods for Radiation Dose Reconstruction under The
Act--42 CFR 82.
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Page last updated: November 3, 2008
Page last reviewed: May 30, 2008
Content Source: National Institute for Occupational Safety and Health (NIOSH)
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