Office of Workers' Compensation Programs, Longshore and Harbor Workers'
Compensation Act Claimant Representatives.
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 alleged to have violated the provisions of the Longshore
and Harbor Workers' Compensation Act and its implementing regulations relating
to representation of claimants/beneficiaries before the Department of Labor,
those found to have committed such violations and who have been disqualified,
and those who are investigated but not disqualified. This system would also
cover those persons who have been reinstated as qualified claimant
representatives.
Records in the system will consist of information such as the
representative's name and address, the names and addresses of affected
claimants/beneficiaries, copies of relevant documents obtained from
claimant/beneficiary files relating to the issue of representation; all
documents received or created as a result of the investigation of and/or
hearing on the alleged violation of the Longshore Act and/or its regulations
relating to representation, including investigations conducted by the DOL
Office of Inspector General or other agency; and copies of documents notifying
the representative and other interested persons of the disqualification.
Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 931(b)(2)(B).
These records contain information on activities--including billing--
relating to representation of claimants/beneficiaries, including documents
relating to the debarment of representatives under other Federal or state
programs.
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:
a. A claimant/beneficiary for the purpose of informing him/her that
his/her representative has been disqualified from further representation under
the Longshore Act.
b. Employers, insurance carriers, state bar disciplinary authorities,
and the general public, for the purpose of providing information concerning the
qualification of person(s) to act as a claimant representative under the
Act.
c. Federal, state or local agency maintaining pertinent records, if
necessary to obtain information relevant to a Departmental decision relating to
debarment actions.
Disclosure of information contained
in the file of 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 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.
The information collected in connection with complaints is kept in
manual files.
The records are retrieved by the name of the representative.
Records are stored in locked file cabinets.
File is retained in the office for three years after the debarment
action is final and then transferred to the Federal Records Center, and
destroyed thirty years after the debarment action is final. Where the period of
exclusion is defined as a set period of time, the file will be retained two
years after the period of exclusion expires (or the individual is otherwise
reinstated), then transferred to the Federal Records Center, and destroyed
thirty years after the debarment action is final.
Director for Longshore and Harbor Workers' Compensation Act, Office of
Workers' Compensation Programs, 200 Constitution Avenue, NW, Washington, DC
20210, and District Directors in district offices set forth in the Appendix.
Requests, including name, date of injury, employer at the time of
injury, and case file number, if known, should be addressed to the appropriate
system manager indicated above.
Individuals wishing to request access to records should contact the
appropriate system manager listed above.
Individuals wishing to contest the contents of a record should contact
the System Manager.
Information in this system is obtained from employees, employers,
insurance carriers, members of the public, agency investigative reports, and
from other DOL systems of records.
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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