20 C.F.R. § 30.316

How does the FAB issue a final decision on a claim?

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(a) If the claimant does not file a written statement that objects to the recommended decision and/or requests a hearing within the period of time allotted in § 30.310, or if the claimant waives any objections to all or part of the recommended decision, the FAB may issue a final decision accepting the recommendation of the district office, either in whole or in part (see §§ 30.311, 30.312 and 30.314(b)).

(b) If the claimant objects to all or part of the recommended decision, the FAB reviewer will issue a final decision on the claim after either the hearing or the review of the written record, and after completing such further development of the case as he or she may deem necessary.

(c) Any recommended decision (or part thereof) that is pending either a hearing or a review of the written record for more than one year from the date the FAB received the written statement described in § 30.310(a), or the date the Director reopened the claim for issuance of a new final decision pursuant to § 30.320(a), shall be considered a final decision of the FAB on the one-year anniversary of such date. Any recommended decision described in § 30.311 that is pending at the FAB for more than one year from the date that the period of time described in § 30.310 expired shall be considered a final decision of the FAB on the one-year anniversary of such date.

(d) The decision of the FAB, whether issued pursuant to paragraph (a), (b) or (c) of this section, shall be final upon the date of issuance of such decision, unless a timely request for reconsideration under § 30.319 has been filed.

(e) A copy of the final decision of the FAB will be mailed to the claimant's last known address and to the claimant's designated representative before OWCP, if any. Notification to either the claimant or the representative will be considered notification to both parties.

Notes of Decisions

Cited in 6 cases, 2007–2017 · leading case: Lahndorff v. U.S. Dep't of Labor, 289 F. Supp. 3d 826 (W.D. Ky. 2017).

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Lahndorff v. U.S. Dep't of Labor, 289 F. Supp. 3d 826 (W.D. Ky. 2017). “20 C.F.R. § 30.316 (d). However, a claimant dissatisfied with the disposition of his claim may ask FAB to reconsider its decision.”

Gomez v. United States, 459 F. App'x 701 (10th Cir. 2012). “After considering any objections, the FAB issues the agency’s final decision, see 20 C.F.R. § 30.316 , which is then subject to judicial review, see 20 C.”

Hammond ex rel. Est. of Hammond v. United States, 142 F. Supp. 3d 436 (D.S.C. 2015). “See 20 C.F.R. §§ 30.316 , 30.319(d). 8.■ At the hearing.”

Smith v. United States Dep't of Labor, 928 F. Supp. 2d 1236 (D. Nev. 2012). “DOL’s regulations provide that “[a] copy of the final decision of the Final Adjudication Branch will be mailed to the claimant’s last known address and to the claimant’s designated representative before Department of Labor’s Office of Workers’ Compensation Programs, if any.”

Brigham v. Off. of Workers Comp. Programs, 477 F. Supp. 2d 160 (D.D.C. 2007). · cites it 2× “20 C.F.R. §§ 30.316 , 30.317. That decision becomes final unless the claimant requests reconsideration within thirty days.”

Stephens v. U.S. Dep't of Labor, 146 F. Supp. 3d 145 (D.D.C. 2015). “20 C.F.R. §§ 30.316 , 30.319(d). After the FAB issues its final decision, a claimant may file a request to reopen the claim, “provided that the claimant also submits new evidence of either covered employment or exposure to a toxic substance .”

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