(a) The FAB will review the factual determinations upon which HHS
based its decision. Factual findings that do not appear to be supported
by substantial evidence will be remanded to the district office for
referral to HHS for further consideration.
(b) The methodology used by HHS in arriving at reasonable estimates
of the radiation doses received by an employee, established by
regulations issued by HHS, is binding on the FAB. The FAB reviewer may
determine, however, that arguments concerning the application of that
methodology should be considered by HHS and may remand the case to the
district office for referral to HHS for such consideration.
