C.F.R. » Title 20 » CHAPTER I—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER C—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000 › PART 30—CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED › Subpart D—Adjudicatory Process

20 C.F.R. § 30.313

How is a review of the written record conducted?

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(a) The FAB reviewer will consider the written record forwarded by the district office and any additional evidence and/or argument submitted by the claimant. The reviewer may also conduct whatever investigation is deemed necessary.

(b) The claimant should submit, with his or her written statement that objects to the recommended decision, all evidence or argument that he or she wants to present to the reviewer. However, evidence or argument may be submitted at any time up to the date specified by the reviewer for the submission of such evidence or argument.

(c) Any objection that is not presented to the FAB reviewer, including any objection to NIOSH's reconstruction of the radiation dose to which the employee was exposed (if any), whether or not the pertinent issue was previously presented to the district office, is deemed waived for all purposes.

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3050, Feb. 8, 2019]
Notes of Decisions
Cited in 3 cases, 2007–2012 · leading case: Barrie v. United States Dep't of Labor, 597 F. Supp. 2d 1235 (D. Colo. 2009).
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Barrie v. United States Dep't of Labor, 597 F. Supp. 2d 1235 (D. Colo. 2009). “20 C.F.R. §§ 30.313 , 30.314, and 30.316.”
Smith v. United States Dep't of Labor, 928 F. Supp. 2d 1236 (D. Nev. 2012). “20 C.F.R. §§ 30.313 , 30.314, 30.316. Claimants are given an additional opportunity to request reconsideration of the Final Adjudication Branch’s final decision.”
Brigham v. Off. of Workers Comp. Programs, 477 F. Supp. 2d 160 (D.D.C. 2007). “Following a review of the written record, any additional submissions by the claimant and, in some cases, its own investigation, see 20 C.F.R. §§ 30.313 (a), 30.314(a), the FAB may either return the claim to the district office for further development or issue a decision.”
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