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Probability of Causation – Non SEC

Gail Balser and her battle with Texas Instruments

Radiation Dose Reconstruction

Probability of Causation

On May 2, 2002, the Department of Health and Human Services published its final rule on the guidelines to be used by the Department of Labor (DOL) to determine the probability that a cancer included in a claim under The Act was caused by workers’ exposure to radiation during nuclear weapons production. DOL will make such a determination, determining “probability of causation,” for each claim for which NIOSH is required to complete a radiation dose reconstruction. Generally, with some exceptions, these claims are for workers who are not a member of the Special Exposure Cohort.

Notice of Revision of Guidelines on Non-Radiogenic Cancers

In a notice of proposed rulemaking published in the Federal Register on March 21, 2011, the Department of Health and Human Services (HHS) proposed to treat chronic lymphocytic leukemia (CLL) as a radiogenic cancer under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) (76 FR 15268). On February 6, 2012, the final rule was published. Under the final rule, CLL will now be treated as being potentially caused by radiation and as potentially compensable under EEOICPA. This reverses the earlier decision by HHS to exclude this cancer from consideration. This change will become effective on March 7, 2012.


You may contact Attorney Balser to determine if you or your loved one is a qualified employee under the Act by calling (508) 699-2500 Ext 11 or make an appointment by using this link.

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