Office of Workers' Compensation Programs (OWCP)

Division of Energy Employees Occupational Illness Compensation (DEEOIC)

On This Page Discretion of FAB Hearings Before FAB Objections to a Recommended Decision Reconsideration Before FAB

Final Adjudication Branch

Below are the head notes for the final FAB decisions relating to the topic heading, Final Adjudication Branch. The head notes are grouped under the following subheadings: Discretion of, Hearings before, Objections to a recommended decision, and Reconsideration before. In order to view a particular decision in its entirety, click on the hyperlink for that decision at the end of the head note.

Discretion of FAB

• The FAB has the discretion to accept a claim previously recommended to be denied by the district office. EEOICPA Fin. Dec. No. 4216-2002 (Dep’t of Labor, April 18, 2005).
• Pursuant to EEOICPA Bulletin No. 03-29 (issued June 30, 2003), the FAB may accept a claimed medical condition based upon new evidence if the case is in posture for acceptance of benefits for another condition. EEOICPA Fin. Dec. No. 62339-2005 (Dep’t of Labor, November 18, 2005).

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Hearings Before FAB

• A claimant is allotted 20 days from the date the hearing transcript is sent to him to submit any comments on the transcript to the FAB reviewer. EEOICPA Fin. Dec. No. 9855-2002 (Dep’t of Labor, August 26, 2002).
• A claimant is allotted 30 days after the hearing is held to submit any additional evidence or argument to the FAB reviewer. EEOICPA Fin. Dec. No. 9855-2002 (Dep’t of Labor, August 26, 2002).
• A request for a hearing from a recommended decision by a district office must be made within sixty days from the date the recommended decision is issued. EEOICPA Fin. Dec. No. 29045-2004 (Dep’t of Labor, October 1, 2004).
• Where claimant submitted a letter of objection but did not specifically request a hearing, a review of the written record was performed. EEOICPA Fin. Dec. No. 43114-2003 (Dep’t of Labor, September 22, 2003).

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Objections to a Recommended Decision

• A claimant who receives a recommended denial from the district office may file objections to the recommended decision with the FAB. EEOICPA Fin. Dec. No. 1704-2003 (Dep’t of Labor, February 10, 2003); EEOICPA Fin. Dec. No. 30971-2002 (Dep’t of Labor, March 15, 2004); EEOICPA Fin. Dec. No. 43114-2003 (Dep’t of Labor, September 22, 2003).
• A claimant has 60 days from the date the recommended decision is issued to state, in writing, whether he or she objects to any of the recommended findings of fact or conclusions of law contained in such decision. EEOICPA Fin. Dec. No. 10568-2003 (Dep’t of Labor, June 16, 2003); EEOICPA Fin. Dec. No. 15444-2003 (Dep’t of Labor, August 19, 2003).
• In reviewing any objections submitted, the FAB will review the written record, any additional evidence or argument submitted by the claimant, and conduct any additional investigation determined to be warranted in the case. EEOICPA Fin. Dec. No. 15444-2003 (Dep’t of Labor, August 19, 2003).
• Claimant’s objection that he had more than one type of cancer constituted a factual challenge to the dose reconstruction. The FAB considered the objection by referring it to the Medical Director, who reviewed the claimant’s medical record and opined that the claimant had only one type of cancer. EEOICPA Fin. Dec. No. 42985-2005 (Dep’t of Labor, January 12, 2006).
• If the claimant files objections to all or part of the recommended decision, the FAB reviewer will issue a decision on the claim after either a hearing or a review of the written record, and after completing such further development of the case as he or she may deem necessary. EEOICPA Fin. Dec. No. 34771-2003 (Dep’t of Labor, July 21, 2003); EEOICPA Fin. Dec. No. 43114-2003 (Dep’t of Labor, September 22, 2003).
• A claimant’s statement of objections will be considered to be “filed” on the date that the claimant mailed it to the FAB, as determined by the postmark, or on the date that such written statement is actually received by the FAB, whichever is the earliest determinable date. EEOICPA Fin. Dec. No. 55338-2005 (Dep’t of Labor, June 21, 2005).
• The district office mailed its recommended decision to the claimant, but the U.S. Postal Service returned it as undeliverable. In order to ensure the claimant’s right to file any objections to the recommended decision, the district office reissued the decision with a new date, mailed it the same day to the correct address, and recalculated the time for objections from the date the reissued decision was mailed. EEOICPA Fin. Dec. No. 10033981-2006 (Dep’t of Labor, November 27, 2006).

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Reconsideration Before FAB

• A claimant may request reconsideration of a final decision by the FAB; however, a hearing is not available as part of the reconsideration process. EEOICPA Fin. Dec. No. 17520-2004 (Dep’t of Labor, September 14, 2004).