(a) A claimant may request reconsideration of a final decision of the FAB by filing a written request with the FAB within 30 days from the date of issuance of such decision. If a timely request for reconsideration is made, the decision in question will no longer be considered “final” under § 30.316(d).
(b) For purposes of determining whether the written request referred to in paragraph (a) of this section has been timely filed with the FAB, the request will be considered to be “filed” on the date that the claimant mails it to the FAB, as determined by postmark or other carrier's date marking, or on the date that such written request is actually received, whichever is the earliest determinable date.
(c) A hearing is not available as part of the reconsideration process. If the FAB grants the request for reconsideration, it will consider the written record of the claim again and issue a new final decision on the claim. A new final decision that is issued after the FAB grants a request for reconsideration will be “final” upon the date of issuance of such new decision.
(1) Instead of issuing a new final decision after granting a request for reconsideration, the FAB may return the claim to the district office for further development as provided in § 30.317.
(2) If the FAB denies the request for reconsideration, the FAB decision that formed the basis for the request will be considered “final” upon the date the request is denied, and no further requests for reconsideration of that particular final decision of the FAB will be entertained.
(d) A claimant may not seek judicial review of a decision on his or her claim under EEOICPA until OWCP's decision on the claim is final pursuant to either § 30.316(d) (for claims in which no request for reconsideration was filed with the FAB) or paragraph (c) of this section (for claims in which a request for reconsideration was filed with the FAB).
[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3051, Feb. 8, 2019]
Notes of Decisions
Berry v. United States Dep't of Labor, 832 F.3d 627 (6th Cir. 2016).
“316, which the claimant has an opportunity to challenge in federal court, 20 C.F.R. § 30.319 (d). Pertinent here, the process also allows for reopening of claims.”
Barrie v. United States Dep't of Labor, 597 F. Supp. 2d 1235 (D. Colo. 2009).
· cites it 4× “20 C.F.R. § 30.319 . Claimants must make the request in writing within thirty days of the date of decision, and are not entitled to a hearing.”
Adams v. U.S. Dep't of Labor, 360 F. Supp. 3d 320 (D.S.C. 2018).
· cites it 6× “20 C.F.R. § 30.319 (a). If a timely request for reconsideration is made, the final decision from the FAB is no longer deemed "final.”
Barrie v. U.S. Dep't of Labor, 805 F. Supp. 2d 1140 (D. Colo. 2011).
“” 20 C.F.R. § 30.319 (c)(2). 3 Mr. Barrie argues that the Final Appeals Board’s denial of his claim was not final until the Department of Labor denied his request to reopen his claim, at which point his administrative remedies were effectively exhausted.”
Smith v. United States Dep't of Labor, 928 F. Supp. 2d 1236 (D. Nev. 2012).
· cites it 2× “20 C.F.R. § 30.319 . Claimants must make the request in writing within thirty days of the date of decision, and are not entitled to a hearing.”
Gomez v. United States, 459 F. App'x 701 (10th Cir. 2012).
“316 , which is then subject to judicial review, see 20 C.F.R. § 30.319 (d). B. DOL Proceedings Marcos Gomez worked at the Los Ala-mos National Laboratory, a DOE facility, in 1945 and again from January 1, 1951, through September 30, 1957.”
Love (D. Nev. 2025).
· cites it 2× “20 C.F.R. § 30.319(a). If FAB denies the reconsideration request, 23 the Recommended Decision will be considered final on the date the request for reconsideration 24 is denied.”
Hand v. Perez (D.D.C. 2015).
· cites it 3× “20 C.F.R. § 30.319 (a). The FAB may grant reconsideration and issue a new final decision, 20 C.”
Brigham v. Off. of Workers Comp. Programs, 477 F. Supp. 2d 160 (D.D.C. 2007).
· cites it 2× “20 C.F.R. § 30.319 (c). If the FAB rejects the request, its decision is considered “final” as of the date reconsideration is denied.”
Stephens v. U.S. Dep't of Labor, 146 F. Supp. 3d 145 (D.D.C. 2015).
“2d at 1142 , citing 20 C.F.R. § 30.319 (c)(2). “Simply put,” the court continued, “Mr.”
— 20 C.F.R. § 30.319(a) — 1 case
Love (D. Nev. 2025).
“20 C.F.R. § 30.319(a). If FAB denies the reconsideration request, 23 the Recommended Decision will be considered final on the date the request for reconsideration 24 is denied.”
— 20 C.F.R. § 30.319(c)(2) — 1 case
Love (D. Nev. 2025).
“20 C.F.R. § 30.319(a). If FAB denies the reconsideration request, 23 the Recommended Decision will be considered final on the date the request for reconsideration 24 is denied.”
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