ATTENTION *** ATTENTION *** ATTENTION

The FAB decision or order you are about to view is no longer considered to be of precedential value and will not be considered binding on DEEOIC in its adjudication of future claims under the EEOICPA. This could have occurred because a later FAB decision was issued that overturned one or more of the conclusions of law contained in this decision or order, or because a portion of the EEOICPA relevant to this decision was amended by Congress after it was issued by the FAB. Even though the FAB decision or order you are about to view is no longer considered to be of precedential value, it has been retained in the database you are searching to document that there has been a change.


U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION
OFFICE OF WORKERS' COMPENSATION PROGRAMS
DIVISION OF ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION
FINAL ADJUDICATION BRANCH
DOL Seal



DENIAL OF REQUEST FOR RECONSIDERATION

By letter dated June 28, 2004, you each requested an oral hearing in objection to the June 9, 2004 final decision of the Final Adjudication Branch. Pursuant to § 30.319(c) of the implementing regulations, “a hearing is not available as part of the reconsideration process.” 20 C.F.R. § 30.319(c). For the reasons set forth below, your requests for reconsideration are denied.

The May 20, 2004 final decision found that you did not provide sufficient evidence to establish that the employee’s colon cancer was “at least as likely as not” caused by her employment at the Savannah River Site. It was on this basis that your claims for survivor benefits under the EEOICPA were denied.

I must deny your requests for reconsideration because you have not submitted any argument or evidence which justifies reconsideration of the final decision. The decision of the Final Adjudication Branch is final on the date of issuance of this denial of your requests for reconsideration. 20 C.F.R. § 30.319(c).

Washington, DC

Richard Koretz

Hearing Representative