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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 42 - Public Health |
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Chapter I - Public Health Service, Department of Health and Human Services |
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SubChapter G - Occupational Safety and Health Research and Related Activities |
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Part 81 - Guidelines for Determining Probability of Causation Under the Energy Employees Occupational Illness Compensation Program Act of 2000 |
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Subpart E - Guidelines To Estimate Probability of Causation |
§ 81.21 - Cancers requiring the use of NIOSH-IREP.
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§ 81.21 Cancers requiring the use of NIOSH-IREP.
(a) DOL will calculate probability of causation for all cancers , except chronic lymphocytic leukemia as provided under § 81.30, using NIOSH-IREP.
(b) Carcinoma in situ (ICD-9 10-CM codes 230D00-234D09), neoplasms of uncertain behavior (ICD-9 10-CM codes 235D37-238D44 and D48), and neoplasms of unspecified nature (ICD-9 10-CM code 239D49) are assumed to be malignant, for purposes of estimating probability of causation.
(c) All secondary and unspecified cancers of the lymph node (ICD-9 code 19610-CM codes C77 and C7B.01) shall be considered secondary cancers (cancers resulting from metastasis of cancer from a primary site). For claims identifying cancers of the lymph node, Table 1 in § 81.23(a) provides guidance for assigning a primary site and calculating probability of causation using NIOSH-IREP.
[84 FR 37590, Aug. 1, 2019]