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 82—METHODS FOR CONDUCTING DOSE RECONSTRUCTION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000 › Subpart C—Dose Reconstruction Process

42 C.F.R. § 82.12

Will it be possible to conduct dose reconstructions for all claims?

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It is uncertain whether adequate information of the types outlined under § 82.14 will be available to complete a dose reconstruction for every claim eligible under § 82.11.

(a) NIOSH will notify in writing any claimants for whom a dose reconstruction cannot be completed once that determination is made, as well as in the closing interview provided for under § 82.10(l).

(b) Notification will describe the basis for finding a dose reconstruction cannot be completed, including the following:

(1) A summary of the information obtained from DOE and other sources; and, (2) a summary of necessary information found to be unavailable from DOE and other sources.

(c) NIOSH will notify DOL and DOE when it is unable to complete a dose reconstruction for the claimant. This will result in DOL producing a recommended decision to deny the claim, since DOL cannot determine probability of causation without a dose estimate produced by NIOSH under this rule.

(d) A claimant for whom a dose reconstruction cannot be completed, as indicated under this section, may have recourse to seek compensation under provisions of the Special Exposure Cohort (see 20 CFR part 30). Pursuant to section 7384q of EEOICPA, the Secretary of HHS is authorized to add classes of employees to the Special Exposure Cohort. NIOSH will provide the claimant with any information and forms that HHS provides to classes of employees seeking to petition to be added to the Special Exposure Cohort.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2018–2021 · leading case: Young v. United States Dep't of Labor (D.D.C. 2021).
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Young v. United States Dep't of Labor (D.D.C. 2021). · cites it 5× “42 C.F.R. § 82.12 . Such a scenario “result[s] in DOL producing a recommended decision to deny the claim, since DOL cannot determine probability of causation without a dose estimate produced by NIOSH .”
Young v. United States Dep't of Labor (D.D.C. 2018). · cites it 2× “§§ 7384 (9)(A), 7384q; see 42 C.F.R. § 82.12 (d) (“[A] claimant for whom a dose reconstruction cannot be completed .”
Young v. United States Dep't of Labor (D.D.C. 2020). “” 42 C.F.R. § 82.12 . In those cases, HHS will notify the claimant in writing that a dose reconstruction cannot be completed and provide the basis for that finding.”
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