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

---
identifier: "/us/cfr/t20/s30.908"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 30.908 - How will the FAB evaluate new medical evidence submitted to challenge the impairment determination in the recommended decision?"
title_number: 20
title_name: "Employees' Benefits"
section_number: "30.908"
section_name: "How will the FAB evaluate new medical evidence submitted to challenge the impairment determination in the recommended decision?"
chapter_name: "OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR"
subchapter_number: "C"
subchapter_name: "ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000"
part_number: "30"
part_name: "CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C. 7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-2009, 74 FR 58834."
regulatory_source: "71 FR 78534, Dec. 29, 2006, unless otherwise noted."
cfr_part: "30"
---


# 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 impairment rating.

(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 impairment rating after it has evaluated all relevant evidence and argument in the record.

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3060, Feb. 8, 2019]