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MISSION AND FUNCTION: The Division of Federal Employees’ and
Energy Workers’ Compensation provides legal services to the Department and to the Employment
Standards Administration in connection with workers' compensation claims
under the Federal Employees' Compensation Act (FECA). The Division
provides legal advice concerning FECA, reviews and drafts regulations and
legislation, represents the Director of the Office of Workers’ Compensation
(OWCP) before the Employees' Compensation Appeals Board and the Office of
Administrative Law Judges, and provides assistance to the Department of
Justice in representing the Department before the courts in connection with
FECA. The Division also provides legal services in connection with claims
under the Energy Employees Occupational Illness Compensation Program Act of 2000
(EEOICPA). This includes providing the Department and OWCP legal
advice concerning EEOICPA, reviewing and drafting regulations and
legislation and providing assistance to the Department of Justice in
representing the Department before the courts in connection with EEOICPA.
The Division also administers the subrogation provisions of the FECA to
facilitate reimbursement of the United States by federal workers of a
portion of any recovery from a third party of amounts received by them for
any injury covered by FECA. The Division also adjudicates claims under the
Federal Tort Claims Act and the Military Personnel and Civilian Employees'
Claims Act, and assists the Department of Justice in defending the
Department in related litigation.
STATUTES: The Division is responsible for legal work primarily arising out of the
Department's administration of two major Federal workers' compensation
programs:
In addition,
the Division processes and adjudicates administrative claims and assists the
Department of Justice in defending cases under the Federal Tort Claims Act
(FTCA) and processes and adjudicates administrative claims under the
Military Personnel and Civilian Employees' Claims Act (MPCECA). The
Division also provides legal advice to Office of Workers' Compensation
Programs (OWCP) on the War Hazards Compensation Act (WHCA).
DESCRIPTION
OF DUTIES: The Claims and Compensation Unit is responsible for legal advice to the OWCP
with respect to issues under FECA, which provides compensation to Federal
workers injured in the performance of duty out of a fund administered by
OWCP. Attorneys in the Unit prepare and provide formal and informal legal
advice and draft and review legislative and regulatory proposals. They also
provide assistance to the Department of Justice in defending suits raising
issues under FECA brought against the Department or its officials alleging
unlawful or unconstitutional action or otherwise raising issues under FECA.
Attorneys in the Claims and Compensation Unit also represent the Director,
OWCP, by filing pleadings and participating in oral arguments in cases in
which FECA claimants appeal to the Employees' Compensation Appeals Board
from adverse decisions by OWCP.
The Claims
and Compensation Unit provides legal advice to OWCP concerning the WHCA,
which provides reimbursement to insurers of contractors covered by the
Defense Base Act (DBA) for both benefit and administrative costs resulting
from an injury or death cause by a "war risk hazard." The WHCA also
provides for direct payments to DBA and certain other employees as a result
of their detention by a "hostile force or person" and direct payments to
certain employees not covered by the DBA. The Claims and Compensation Unit
also adjudicates claims under the FTCA and the MPCECA regarding death,
personal injury or property damage allegedly caused by activities or
employees of the Department of Labor. The Claims and Compensation Unit also
provide assistance to the Department of Justice with respect to litigation
under the FTCA relating to the Department of Labor.
The FECA
Subrogation Unit is responsible for protecting the subrogation interest of
the United States in judgments and settlements obtained by FECA
beneficiaries as a result of FECA covered injuries. Paralegal Specialists in
the Unit are responsible for monitoring litigation and providing information
and assistance with respect to cases in which FECA benefits recipients have
a potential recovery from third parties that caused their work-related
injury or illness and in ensuring that an appropriate part of any judgment
or settlement obtained by a FECA beneficiary in such circumstances is
refunded to the United States and/or credited against future benefits.
The Energy
Unit is responsible for legal advice to OWCP with respect to the new Energy
Employees Occupational Illness Compensation Program, which was created under
an Act signed into law on October 30, 2000. Part B of EEOICPA provides
$150,000 and medical benefits to eligible workers (or their eligible
survivors) who contracted cancer as a result of exposure to radiation, or
beryllium disease or chronic silicosis as a result of exposure to those
substances while working for the Department of Energy or its contractors in
the nuclear weapons industry. Part E of EEOICPA provides up to $250,000 and
medical benefits to eligible workers (or their eligible survivors) who
contracted an illness as a result of exposure to a toxic substance while
working for a Department of Energy contractor in the nuclear weapons
industry, or while working at a uranium mine or mill covered under Section 5
of the Radiation Exposure Compensation Act. Attorneys in the Unit prepare
and provide formal and informal legal advice and draft and review
legislative and regulatory proposals. The Unit is also responsible for
assisting the Department of Justice in defending any suits arising under
EEOICPA.
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