C.F.R. » Title 42 » CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—OCCUPATIONAL SAFETY AND HEALTH RESEARCH AND RELATED ACTIVITIES › PART 81—GUIDELINES FOR DETERMINING PROBABILITY OF CAUSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000 › Subpart E—Guidelines To Estimate Probability of Causation

42 C.F.R. § 81.20

Required use of NIOSH-IREP

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(a) NIOSH-IREP is an interactive software program for estimating probability of causation for covered employees seeking compensation for cancer under EEOICPA, other than as members of the Special Exposure Cohort seeking compensation for a specified cancer.

(b) DOL is required to use NIOSH-IREP to estimate probability of causation for all cancers, as identified under §§ 81.21 and 81.23.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2008–2026 · leading case: Hayward v. United States Dep't of Labor, 536 F.3d 376 (5th Cir. 2008).
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Hayward v. United States Dep't of Labor, 536 F.3d 376 (5th Cir. 2008). · cites it 2× “” 42 C.F.R. §§ 81.20 , 81.21. The sole issue in this appeal is whether the DOL acted arbitrarily and capriciously in refusing to adjust these default settings in light of the decedent’s exceedingly rare form of prostate cancer.”
Reif v. U.S. Dep't of Labor, No. 2023-3689 (D.D.C. Mar. 29, 2026). · cites it 2× “189; see also 42 C.F.R. § 81.20 (b). The IREP then produces an estimated probability of causation (“PoC”).”
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