---
kind: "section"
citation: "42 C.F.R. § 81.5"
title: "42"
number: "81.5"
heading: "Use of personal and medical information."
url: "https://uscodex.org/cfr/42/81.5"
---

# §81.5. Use of personal and medical information.


Determining probability of causation may require the use of the following personal and medical information provided to DOL by claimants under DOL regulations [20 CFR part 30](/cfr/20/part30.md):

- (a) **Year of birth.**
- (b) **Cancer diagnosis (by ICD-10-CM code) for primary and secondary cancers.**
- (c) **Date of cancer diagnosis.**
- (d) **Gender.**
- (e) Race/ethnicity (if the claim is for skin cancer or a secondary cancer for which skin cancer is a likely primary cancer).
- (f) Smoking history (if the claim is for lung cancer or a secondary cancer for which lung cancer is a likely primary cancer).

## Notes

### Amendments

[67 FR 22309, May 2, 2002, as amended at 84 FR 37590, Aug. 1, 2019]

### Authority

Authority: 42 U.S.C. 7384n(c); E.O. 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321.

### Source

Source: 67 FR 22309, May 2, 2002, unless otherwise noted.

### Amendments

[67 FR 22309, May 2, 2002, as amended at 84 FR 37590, Aug. 1, 2019]