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. § 30.320

Can a claim be reopened after the FAB has issued a final decision?

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(a) At any time after the FAB has issued a final decision pursuant to § 30.316, and without regard to whether new evidence or information is presented or obtained, the Director for Energy Employees Occupational Illness Compensation may reopen a claim and return it to the FAB for issuance of a new final decision, or to the district office for such further development as may be necessary, to be followed by a new recommended decision. The Director may also vacate any other type of decision issued by the FAB.

(b) At any time after the FAB has issued a final decision pursuant to § 30.316, a claimant may file a written request that the Director for Energy Employees Occupational Illness Compensation reopen his or her claim, provided that the claimant also submits new evidence of a diagnosed medical condition, covered employment, or exposure to a toxic substance. A written request to reopen a claim may also be supported by identifying either a change in the PoC guidelines, a change in the dose reconstruction methods or an addition of a class of employees to the Special Exposure Cohort. If the Director concludes that the evidence submitted or matter identified in support of the claimant's request is material to the claim, the Director will reopen the claim and return it to the district office for such further development as may be necessary, to be followed by a new recommended decision.

(c) The decision whether or not to reopen a claim under this section is solely within the discretion of the Director for Energy Employees Occupational Illness Compensation and is not reviewable. If the Director reopens a claim pursuant to paragraphs (a) or (b) of this section and returns it to the district office, the resulting new recommended decision will be subject to the adjudicatory process described in this subpart. However, neither the district office nor the FAB can consider any objection concerning the Director's decision to reopen a claim under this section.

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3051, Feb. 8, 2019]
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2011–2025 · leading case: Berry v. United States Dep't of Labor, 832 F.3d 627 (6th Cir. 2016).
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Berry v. United States Dep't of Labor, 832 F.3d 627 (6th Cir. 2016). · cites it 7× “See 20 C.F.R. § 30.320 . A claimant may request to reopen his or her claim “[a]t.”
Barrie v. U.S. Dep't of Labor, 805 F. Supp. 2d 1140 (D. Colo. 2011). “20 C.F.R. § 30.320 (a). 5 . The more relaxed approach taken by the Court in Henderson is most likely due to the fact that there are no similar constitutional limitations on congressionally created Article I tribunals.”
Adams v. U.S. Dep't of Labor, 360 F. Supp. 3d 320 (D.S.C. 2018). · cites it 2× “" 20 C.F.R. § 30.320 . B. Factual Background Adams was employed at the Savannah River Site ("SRS"), by contractors 3 for DOE, from August 28, 1978, to May 9, 2005.”
Stephens v. U.S. Dep't of Labor, 146 F. Supp. 3d 145 (D.D.C. 2015). · cites it 4× “” 20 C.F.R. § 30.320 (b). “If the Director [for Energy Employees Occupational Illness Compensation] concludes that the evidence submitted or matter identified in support of the claimant’s request is material to the claim, .”
Young v. United States Dep't of Labor (D.D.C. 2020). “” 20 C.F.R. § 30.320 . If this Court ordered HHS to stop applying the allegedly unlawful policy, then plaintiffs could make a written request for DOL to reopen and re-evaluate their claim for compensation in accordance with the corrected dose reconstruction method.”
Love (D. Nev. 2025). “20 C.F.R. § 30.320(b). The request to reopen must be based upon either the 3 submission of new evidence of a diagnosed medical condition, covered employment, or exposure 4 to a toxic substance, or identification of changes in HHS’ guidelines, methodologies, and 5 classifications…”
— 20 C.F.R. § 30.320(b) — 1 case
Love (D. Nev. 2025). “20 C.F.R. § 30.320(b). The request to reopen must be based upon either the 3 submission of new evidence of a diagnosed medical condition, covered employment, or exposure 4 to a toxic substance, or identification of changes in HHS’ guidelines, methodologies, and 5 classifications…”
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