[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Page 65525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26774]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-74,327]


Anthem Blue Cross Blue Shield, Claim Management Services, Inc. 
Operations, a Division of Wellpoint, Inc., Green Bay, WI; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated August 26, 2010, a petitioner requested 
administrative reconsideration of the Department of Labor's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of Anthem 
Blue Cross Blue Shield, Claim Management Services, Inc. Operations, a 
Division of Wellpoint, Inc., Green Bay, Wisconsin (the subject firm). 
The Notice of determination was signed on August 16, 2010, and was 
published in the Federal Register on September 3, 2010 (75 FR 54187). 
The workers supply claims processing services and customer service 
functions, and are not separately identifiable by service.
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) If it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The negative determination of the TAA petition filed on behalf of 
workers at the subject firm was based on the findings that there was 
neither a shift in the supply of claims processing and customer service 
functions to a foreign country, nor imports of claims processing and 
customer service functions during the relevant period, and that the 
subject firm is not a supplier or downstream producer to a firm that 
employed a worker group eligible to apply for TAA.
    In the request for reconsideration, the petitioner stated that the 
workers of the subject firm should be eligible for TAA based on a shift 
to a foreign country. The petitioner also noted that workers at other 
locations of Anthem Blue Cross Blue Shield are eligible to apply for 
TAA, and urged the Department to ``take a look at the entire company 
and review this again and you will find that they have outsourced to [a 
foreign country].''
    The Department has confirmed that workers at several other 
locations of Anthem Blue Cross Blue Shield are eligible to apply for 
TAA on the basis of a shift to a foreign country; however, the workers 
at the subject facility supply services that are distinctly different 
and separate from those supplied by workers at the other Anthem Blue 
Cross Blue Shield locations, and the work that was performed by Anthem 
Blue Cross Blue Shield workers who are eligible to apply for TAA based 
on a shift abroad had never been performed at the subject facility.
    The petitioner did not supply facts not previously considered; nor 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    After careful review of the request for reconsideration, the 
Department determines that 29 CFR 90.18(c) has not been met.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed in Washington, DC, this 7th day of October 2010.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-26774 Filed 10-22-10; 8:45 am]
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