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Current as of October 02, 2022 | Updated by FindLaw Staff
To establish eligibility for compensation under this subpart, a claimant or eligible surviving beneficiary must establish each of the following:
(a)(1) That the claimant was physically present at any place within the affected area for a period of at least two years (24 consecutive or cumulative months) during the period beginning on January 21, 1951, and ending on October 31, 1958; or
(2) That the claimant was physically present at any place within the affected area for the entire, continuous period beginning on June 30, 1962, and ending on July 31, 1962; and
(b) That after such period of physical presence the claimant contracted one of the following specified compensable diseases:
(1) Leukemia (other than chronic lymphocytic leukemia), provided that:
(i) The claimant's initial exposure occurred after the age of 20; and
(ii) The onset of the disease occurred at least two years after first exposure;
(2) Multiple myeloma, provided onset occurred at least five years after first exposure;
(3) Lymphomas, other than Hodgkin's disease, provided onset occurred at least five years after first exposure;
(4) Primary cancer of the thyroid, provided onset occurred at least five years after first exposure;
(5) Primary cancer of the male or female breast, provided onset occurred at least five years after first exposure;
(6) Primary cancer of the esophagus, provided onset occurred at least five years after first exposure;
(7) Primary cancer of the stomach, provided onset occurred at least five years after first exposure;
(8) Primary cancer of the pharynx, provided onset occurred at least five years after first exposure;
(9) Primary cancer of the small intestine, provided onset occurred at least five years after first exposure;
(10) Primary cancer of the pancreas, provided onset occurred at least five years after first exposure;
(11) Primary cancer of the bile ducts, provided onset occurred at least five years after first exposure;
(12) Primary cancer of the gallbladder, provided onset occurred at least five years after first exposure;
(13) Primary cancer of the salivary gland, provided onset occurred at least five years after first exposure;
(14) Primary cancer of the urinary bladder, provided onset occurred at least five years after first exposure;
(15) Primary cancer of the brain, provided onset occurred at least five years after first exposure;
(16) Primary cancer of the colon, provided onset occurred at least five years after first exposure;
(17) Primary cancer of the ovary, provided onset occurred at least five years after first exposure;
(18) Primary cancer of the liver, provided,
(i) Onset occurred at least five years after first exposure;
(ii) There is no indication of the presence of hepatitis B; and
(iii) There is no indication of the presence of cirrhosis; or
(19) Primary cancer of the lung, provided onset occurred at least five years after first exposure.
Cite this article: FindLaw.com - Code of Federal Regulations Title 28. Judicial Administration § 28.79.22 Criteria for eligibility for claims relating to certain specified diseases contracted after exposure in an affected area (“downwinders”) - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-28-judicial-administration/cfr-sect-28-79-22/
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