Office of Workers' Compensation Programs, Longshore and Harbor Workers'
Compensation Act Investigation Files.
None.
Division of Longshore and Harbor Workers' Compensation, Office of
Workers' Compensation Programs, Washington, DC 20210, and district offices of
the Office of Workers' Compensation Programs set forth in the Appendix to this
document.
Individuals filing claims for workers' compensation benefits under the
Longshore and Harbor Workers' Compensation Act, the Non-Appropriated Fund
Instrumentalities Act, the Defense Base Act, the War Hazards Act, and the DC
Workers' Compensation Act, referred to collectively herein as the Longshore and
Harbor Workers' Compensation Act (LHWCA); individuals providing medical and
other services to the Division; employees of insurance companies and of medical
and other services providers to claimants; and other persons suspected of
violations of law under the Act, including related civil and criminal
provisions.
Records which contain information gathered in connection with
investigations concerning possible violations of Federal law, whether civil or
criminal, under the LHWCA. This system also contains the work product of the
Department of Labor and other government personnel and consultants involved in
the investigations.
33 U.S.C. 901 et seq. (20 CFR parts 701 et seq.); 36 DC Code 501 et
seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1331 et seq.; 5 U.S.C. 8171 et seq.
To maintain records for the purpose of assisting in determinations of
possible violations of Federal law, whether civil or criminal, in connection
with reported injuries under the LHWCA.
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, disclosure of relevant and necessary
information from this system of records may also be made to the following
individuals and entities for the purposes noted when the purpose of the
disclosure is compatible with the purpose for which the information was
collected:
Internal Revenue Service, for the purpose of obtaining taxpayer mailing
addresses in order to locate a taxpayer to collect, compromise, or write-off a
Federal claim against such taxpayer; discharging an indebtedness owed by an
individual.
Pursuant to 5 U.S.C. §
552a(b)(1), information from this system of records is disclosed to members and
staff of the Office of Administrative Law Judges, the Benefits Review Board,
the Office of the Solicitor and other components of the Department who have a
need for the record in the performance of their duties.
None.
Records are maintained in manual files.
Records are retrieved by name of individual being investigated.
Files are maintained under the supervision of OWCP personnel and access
is provided only to authorized personnel.
Time retained varies by type of compensation case involved, and the
investigative file is retained according to the same schedule as the particular
compensation case to which it relates. For example, if the investigative file
is about a lost-time case, it is transferred to the Federal Records Center 2
years after the related compensation case is closed, and destroyed 20 years
after the case is closed. If the investigative file is about a death case, it
is retained in the office as long as there are qualified dependents, and
destroyed 6 years, 3 months after final closing. "No Lost Time cases are
destroyed three years after the end of the fiscal year during which the related
report was received.
Director for Longshore and Harbor Workers' Compensation, Office of
Workers' Compensation Programs, 200 Constitution Avenue, NW, Washington, DC
20210, and District Directors in the district offices of the Office of Workers'
Compensation Programs set forth in the Appendix to this document.
Requests, including name of individual being investigated, should be
addressed to the System Manager.
Individuals wishing to request access to records should contact the
System Manager indicated above.
Individuals wishing to contest the contents of a record should contact
the System Manager.
Records are from Division claim and payment files (DOL/ESA-15 and
DOL/ESA-24) and from employees, insurers, service providers; and information
received from parties leading to the opening of an investigation, or from
interviews held during the course of an investigation.
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in this
system of records compiled for law enforcement purposes is exempt from
subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f) of 5 U.S.C.
552a, provided however, that if any individual is denied any right, privilege,
or benefit that he or she would otherwise be entitled to by Federal law, or for
which he or she would otherwise be eligible, as a result of the maintenance of
these records, such material shall be provided to the individual, except to the
extent that the disclosure of such material would reveal the identity of a
source who furnished information to the Government under an express promise
that the identity of the source would be held in confidence, or prior to
January 1, 1975, under an implied promise that the identity of the source would
be held in confidence.
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