Office of Workers' Compensation Programs, Federal Employees'
Compensation Act and Longshore and Harbor Workers' Compensation Act
Rehabilitation Files.
None.
Rehabilitation files are located in the Federal Employees' Compensation
(FEC) and Longshore and Harbor Workers' Compensation (Longshore) District
Offices where the OWCP case file is located. See the Appendix to this document
for District Office addresses. Copies of claim forms and other documents
arising out of a job-related injury that resulted in the filing of a claim
under the FECA may also be maintained by the employing agency (and where the
forms were transmitted to the OWCP electronically, the original forms are
maintained by the agency).
The rehabilitation records cover either individuals covered by the
Federal Employees' Compensation Act (FECA) for injuries on the job, or
individuals covered by the Longshore and Harbor Workers' Compensation Act
(LHWCA), and related acts. See DOL/GOVT-1 for further explanation of employees
covered by the FECA, and DOL/ESA-15 for those covered by the LHWCA.
Records found in the FECA or Longshore case file (see DOL/GOVT-1 and
DOL/ESA-15), notes on telephone calls and interviews with rehabilitation
counselors, claimants, potential employers, physicians and others who have been
contacted as part of the rehabilitation process, notes created by the
rehabilitation specialist and the rehabilitation counselor concerning the
rehabilitation process relating to the claimant proposed and/or approved
rehabilitation plans, and reports submitted in connection with the plans. These
records also contain information about covered employees' entitlement to
wage-loss compensation benefits and entitlement to medical benefits and
treatment, and contain information about medical and vocational testing,
rehabilitation plans and the documentation supporting such plans. The records
may also include other information relating to the vocational rehabilitation
process under the relevant statute.
5 U.S.C. 8101 et seq.; 33 U.S.C. 901, et seq,; 36 DC Code
501 et seq.; 42 U.S.C. 1331 et seq.; 5 U.S.C. 8171 et
seq.
These records are maintained to provide information and verification
about the covered employees' work-related injuries and the vocational
rehabilitation process.
In addition to those universal routine uses listed in the General
Prefatory Statement to this document, disclosure of information from this
system of records may 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 is collected:
a. Rehabilitation agencies, counselors, screeners, physicians and
medical providers, and other persons or entities, for the purpose of providing
rehabilitation services to injured workers under the FECA or LHWCA.
b. The worker's former employer or its representatives, including
third-party administrators, and where appropriate the employer's insurance
carrier, for the purpose of paying compensation benefits, including medical
expenses, and the cost of the rehabilitation services provided to the injured
worker.
c. Employers, including federal agencies, which may consider returning
the worker to employment, or to hiring such worker as a result of the
return-to-work effort conducted by OWCP during the rehabilitation process.
d. Labor unions and other voluntary employee associations from whom the
claimant has requested assistance with claims processing and adjudication and
other services.
Disclosure of information contained
in the file to the claimant, a person who is duly authorized to act on his/her
behalf, or to others to whom disclosure is authorized by these routine uses,
may be made over the telephone. Disclosure over the telephone will only be done
where the requestor provides appropriate identifying information. Telephonic
disclosure of information is essential to permit efficient administration and
adjudication of claims.
Pursuant to 5 U.S.C. 552a(b)(1),
information from this system of records is disclosed to members and staff of
the Benefits Review Board, the Employees' Compensation Appeals Board, the
Office of Administrative Law Judges, 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.
Case files are maintained in manual files, security case files in
locked cabinets, and FECA or LHWCA management information system information,
chargeback file and other automated data are stored on computer discs or
magnetic tapes which are stored in cabinets.
Files and automated data are retrieved after identification by coded
file number, which is cross-referenced to employee by name.
Files and automated data are maintained under supervision of OWCP
personnel during normal working hours--only authorized personnel may handle or
disclose any information contained therein. Only personnel having security
clearance may handle or process security files. After normal working hours,
security files are kept in locked cabinets. All files and data are maintained
in guarded Federal buildings.
All rehabilitation files are merged with the FECA or Longshore case
file (see DOL/GOVT-1 or DOL/ESA-15) at the conclusion of the rehabilitation
effort and are retained consistent with the retention schedule for the case
files.
Director, Division of Planning, Policy and Standards, Office of
Workers' Compensation Programs, U.S. Department of Labor, 200 Constitution
Avenue, NW, Washington, DC 20210.
An individual wishing to inquire whether this system of records
contains information about him or her may write or telephone the OWCP District
Office which services the State in which the individual resided or worked at
the time the individual thinks he or she filed a claim, or the system manager.
In order for a record to be located, the individual must provide his or her
full name, FEC or LHWCA case number (if known), date of injury (if known), and
date of birth.
Individuals wishing to request access to records should contact the
appropriate office listed in the Notification Procedure section, or the system
manager. Individuals must furnish their name, the claim number and
signature.
Individuals wishing to request amendment of any records should contact
the appropriate office listed in the Notification Procedure section, or the
system manager. Individuals must furnish their name, the claim number and
signature. Any individual requesting amendment of records must comply with the
Department's Privacy Act regulations at 29 CFR 71.1 and 71.9.
Claimants, claim forms, medical reports, correspondence, investigative
reports, employment reports; Federal and state agency records, any other record
or document pertaining to a claimant or his dependent as it relates to the
claimant's age, education, work history, marital history or medical condition;
notes on telephone conversations conducted by the rehabilitation specialist or
counselor with employers, medical providers and others.
None.
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