---
kind: "section"
citation: "42 C.F.R. § 83.14"
title: "42"
number: "83.14"
heading: "How will NIOSH evaluate a petition by a claimant whose dose reconstruction NIOSH could not complete under 42 CFR part 82?"
url: "https://uscodex.org/cfr/42/83.14"
---

# §83.14. How will NIOSH evaluate a petition by a claimant whose dose reconstruction NIOSH could not complete under 42 CFR part 82?

- (a) NIOSH may establish two classes for evaluation, to permit the timely adjudication of the existing cancer claim:
  - (1) A class of employees defined using the research and analyses already completed in attempting the dose reconstruction for the employee identified in the claimant's petition; and
  - (2) A class of co-workers similar to the class defined under [paragraph (a)(1)](#a-1) of this section, to be defined by NIOSH on the basis of further research and analyses, using the procedures under [§ 83.13](/cfr/42/83.13.md).
- (b) NIOSH will determine the health endangerment criteria for adding the class under [paragraph (a)(1)](#a-1) of this section to the Cohort, using the procedures under [§ 83.13](/cfr/42/83.13.md). NIOSH will report to the Board and to petitioner(s) the results of this determination, together with its finding under [42 CFR part 82](/cfr/42/part82.md) that there was insufficient information to complete the dose reconstruction. HHS will consider this finding under [42 CFR part 82](/cfr/42/part82.md) sufficient, without further consideration, to determine that it is not feasible to estimate the levels of radiation doses of individual members of the class with sufficient accuracy.
- (c) NIOSH will evaluate the petition as it may concern a class of co-workers, as described under [paragraph (a)(2)](#a-2) of this section, according to the procedures under [§ 83.13](/cfr/42/83.13.md).

## Notes

### Authority

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

### Source

Source: 69 FR 30780, May 28, 2004, unless otherwise noted.