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20 C.F.R. § 30.908   How will the FAB evaluate new medical evidence submitted to challenge the impairment determination in the recommended decision?

Title 20: Employees' Benefits
PART 30—CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED
Subpart J—Impairment Benefits Under Part E of EEOICPA
Medical Evidence of Impairment

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§ 30.908   How will the FAB evaluate new medical evidence submitted to challenge the impairment determination in the recommended decision?

(a) If an employee submits an additional impairment evaluation that differs from the impairment evaluation relied upon by the district office, the FAB will not consider the additional impairment evaluation if it does not meet the criteria listed in §30.905(b)(1), (2) and (3).

(b) The employee shall bear the burden of proving that the additional impairment evaluation submitted is more probative than the evaluation relied upon by the district office to determine the employee's recommended minimum impairment rating and the percentage points of such rating that are the result of the employee's covered illness or illnesses.

(c) If an employee submits an additional impairment evaluation that differs from the impairment evaluation relied upon by the district office, the FAB will review all relevant evidence of impairment in the record, and will base its determinations regarding impairment upon the evidence it considers to be most probative. The FAB will determine the minimum impairment rating and the percentage points of the rating that are the result of the employee's covered illness or illnesses after it has evaluated all relevant evidence and argument in the record.