---
kind: "section"
citation: "42 C.F.R. § 82.27"
title: "42"
number: "82.27"
heading: "How can claimants obtain reviews of their NIOSH dose reconstruction results by NIOSH?"
url: "https://uscodex.org/cfr/42/82.27"
---

# §82.27. How can claimants obtain reviews of their NIOSH dose reconstruction results by NIOSH?

- (a) Claimants can seek reviews of their dose reconstruction through the processes established by DOL under [20 CFR 30](/cfr/20/30.md). DOL will request NIOSH to review dose reconstructions under the following conditions, as provided under [20 CFR 30.318](/cfr/20/30.318.md):
  - (1) DOL may determine that factual findings of the dose reconstruction do not appear to be supported by substantial evidence; or,
  - (2) Although the methodology established by HHS under this Part is binding on DOL, DOL may determine that arguments concerning the application of this methodology should be considered by NIOSH.
- (b) NIOSH may review completed dose reconstructions on its own initiative and with the assistance of DOL to identify denied claims when either of the following circumstances arise:
  - (1) NIOSH obtains records or information on radiation exposures of DOE or AWE employees that could substantially increase the level of radiation doses estimated in the completed dose reconstructions; or
  - (2) NIOSH changes a scientific element underlying dose reconstructions according to the provisions of Subpart E of this rule and the change could substantially increase the level of radiation doses estimated in the completed dose reconstructions.
- (c) When NIOSH completes the review of a dose reconstruction, NIOSH will provide a report describing the basis for the review, the methods employed in the review, and the review findings to the claimant, DOL, and DOE.

## Notes

### Authority

Authority: 42 U.S.C. 7384n(d) and (e); E.O. 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321.

### Source

Source: 67 FR 22330, May 2, 2002, unless otherwise noted.