[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR30.318]

[Page 98]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
CHAPTER I--OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR
 
PART 30_CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL 
ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED--Table of Contents
 
                     Subpart D_Adjudicatory Process
 
Sec. 30.318  Can the FAB consider an objection to a determination by 
HHS with respect to an employee's dose reconstruction?

    (a) If the claimant objects to HHS's reconstruction of the radiation 
dose to which the employee was exposed, the FAB will evaluate the 
factual findings upon which HHS based its dose reconstruction. If these 
factual findings do not appear to be supported by substantial evidence, 
the claim 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 at 42 CFR part 82, 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.