DOL/GOVT-1
SYSTEM
NAME:
Office
of Workers' Compensation Programs, Federal Employees'
Compensation Act File.
SECURITY
CLASSIFICATIONS:
Most
files and data are unclassified. Files and data in certain
cases have Top Secret classification, but the rules concerning
their maintenance and disclosure are determined by the agency,
which has given the information the security classification of
Top Secret.
SYSTEM
LOCATION:
The
central database for DOL/GOVT-1 is located at SUNGUARD, 600
Laurel Oak Road, Voorhees, New Jersey, 08043. Paper claim files
and local databases are located at the various OWCP district
offices, and in Kansas City (for imaged cases only); claim
files of employees of the Central Intelligence Agency are
located at that agency. Records from this system of records may
be temporarily located in the office of health care providers
and other individuals or entities with whom the Department
contracts for such services as examination or evaluation of
claimants. Copies of claim forms and other documents arising
out of a job-related injury that resulted in the filing of a
claim under the Federal Employees' Compensation Act (FECA), may
also be maintained by the employing agency (and where the forms
were transmitted to the Office of Workers' Compensation
Programs (OWCP) electronically, the original forms are
maintained by the employing agency). In addition, records
relating to third-party claims of FECA beneficiaries are
maintained in the Division of Employee Benefits, Office of the
Solicitor, United States Department of Labor, 200 Constitution
Avenue, NW, Washington, DC 20210-0002, in the offices of the
Regional and Associate Regional Solicitors, and in various
offices of the United States Postal Service, which undertakes
various duties relating to third party claims pursuant to an
agreement with OWCP.
Pursuant
to the Department of Labor's Flexiplace Programs, copies of
records may be temporarily located at alternative worksites,
including employees' homes or at geographically convenient
satellite offices for part of the workweek. All appropriate
safeguards will be taken at these sites.
CATEGORIES
OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals
and/or their survivors who file claims seeking benefits under
the FECA by reason of injuries sustained while in the
performance of duty. The FECA applies to all civilian federal
employees, including various classes of persons who provide or
have provided personal service to the government of the United
States, and to other persons as defined by law such as state or
local law enforcement officers, and their survivors, who were
injured or killed while assisting in the enforcement of federal
law. In addition, the FECA covers employees of the Civil Air
Patrol, Peace Corps Volunteers, Job Corps students, Volunteers
in Service to America, members of the National Teacher Corps,
certain student employees, members of the Reserve Officers
Training Corps, certain former prisoners of war, and employees
of particular commissions and other agencies.
CATEGORIES
OF RECORDS IN THE SYSTEM:
This
system may contain the following kinds of records:
reports
of injury by the employee and/or employing agency; claim forms
filed by or on behalf of injured federal employees or their
survivors seeking benefits under the FECA; forms authorizing
medical care and treatment; other medical records and reports;
bills and other payment records; compensation payment records;
formal orders for or against the payment of benefits;
transcripts of hearings conducted; and any other medical,
employment, or personal information submitted or gathered in
connection with the claim. The system may also contain
information relating to dates of birth, marriage, divorce, and
death; notes of telephone conversations conducted in connection
with the claim; information relating to vocational and/or
medical rehabilitation plans and progress reports; records
relating to court proceedings, insurance, banking and
employment; articles from newspapers and other publications;
information relating to other benefits (financial and
otherwise) the claimant may be entitled to; and information
received from various investigative agencies concerning
possible violations of Federal civil or criminal law.
The
system may also contain consumer credit reports on individuals
indebted to the United States, information relating to the
debtor's assets, liabilities, income and expenses, personal
financial statements, correspondence to and from the debtor,
information relating to the location of the debtor, and other
records and reports relating to the implementation of the
Federal Claims Collection Act (as amended), including
investigative reports or administrative review matters.
Individual records listed here are included in a claim file
only insofar as they may be pertinent or applicable to the
employee or beneficiary.
AUTHORITY:
5
U.S.C. 8101 et
seq.,
20 CFR 1.1 et
seq.
PURPOSE(S):
The
FECA establishes the system for processing and adjudicating
claims that federal employees and other covered individuals
file with the Department of Labor's OWCP, seeking monetary,
medical and similar benefits for injuries or deaths sustained
while in the performance of duty. The records maintained in
this system are created as a result of and are necessary to
this process. The records provide information and verification
about the individual's employment-related injury and the
resulting disabilities and/or impairments, if any, on which
decisions awarding or denying benefits provided under the FECA
must be based.
ROUTINE
USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In
addition to those Department-wide routine uses set forth above
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 both relevant and necessary
and is compatible with the purpose for which the information
was collected:
a.
To any attorney or other representative of a FECA beneficiary
for the purpose of assisting in a claim or litigation against a
third party or parties potentially liable to pay damages as a
result of the FECA beneficiary's FECA-covered injury and for
the purpose of administering the provisions of §§
8131-8132 of the FECA. Any such third party, or a
representative acting on that third party's behalf, may be
provided information or documents concerning the existence of a
record and the amount and nature of compensation paid to or on
behalf of the FECA beneficiary for the purpose of assisting in
the resolution of the claim or litigation against that party or
administering the provisions of §§ 8131-8132 of the
FECA.
b.
To federal agencies that employed the claimant at the time of
the occurrence or recurrence of the injury or occupational
illness in order to verify billing, to assist in administering
the FECA, to answer questions about the status of the claim, to
consider rehire, retention or other actions the agency may be
required to take with regard to the claim or to permit the
agency to evaluate its safety and health program. Disclosure to
federal agencies, including the Department of Justice, may be
made where OWCP determines that such disclosure is relevant and
necessary for the purpose of providing assistance in regard to
asserting a defense based upon the FECA's exclusive remedy
provision to an administrative claim or to litigation filed
under the Federal Tort Claims Act.
c.
To other federal agencies, other government or private entities
and to private-sector employers as part of rehabilitation and
other return-to-work programs and services available through
OWCP, where the entity is considering hiring the claimant or
where otherwise necessary as part of that return-to-work
effort.
d.
To federal, state or private rehabilitation agencies and
individuals to whom the claimant has been referred for
evaluation of rehabilitation and possible reemployment.
e.
To physicians, pharmacies, and other health care providers for
their use in treating the claimant, in conducting an
examination or preparing an evaluation on behalf of OWCP and
for other purposes relating to the medical management of the
claim, including evaluation of and payment for charges for
medical and related services and supplies.
f.
To medical insurance or health and welfare plans (or their
designees) that cover the claimant in instances where OWCP had
paid for treatment of a medical condition that is not
compensable under the FECA, or where a medical insurance plan
or health and welfare plan has paid for treatment of a medical
condition that may be compensable under the FECA, for the
purpose of resolving the appropriate source of payment in such
circumstances.
g.
To labor unions and other voluntary employee associations from
whom the claimant has requested assistance for the purpose of
providing such assistance to the claimant.
h.
To a federal, state or local agency for the purpose of
obtaining information relevant to a determination concerning
initial or continuing eligibility for FECA benefits, and for a
determination concerning whether benefits have been or are
being properly paid, including whether dual benefits that are
prohibited under any applicable federal or state statute are
being paid; and for the purpose of utilizing salary offset and
debt collection procedures, including those actions required by
the Debt Collection Act of 1982, to collect debts arising as a
result of overpayments of FECA compensation and debts otherwise
related to the payment of FECA benefits.
i.
To the Internal Revenue Service (IRS) for the purpose of
obtaining taxpayer mailing addresses for the purposes of
locating a taxpayer to collect, compromise, or write-off a
federal claim against such taxpayer; and informing the IRS of
the discharge of a debt owed by an individual. Records from
this system of records may be disclosed to the IRS for the
purpose of offsetting a federal claim from any income tax
refund that may be due to the debtor.
j.
To the Occupational Safety and Health Administration (OSHA) for
the purpose of using injury reports filed by Federal agencies
pursuant to the FECA to fulfill agency injury reporting
requirements. Information in this system of records may be
disclosed to OSHA by employing agencies as part of any MIS
system established under OSHA regulations to monitor health and
safety.
k.
To contractors providing services to DOL or any other federal
agency or any other individual or entity specified in any of
these routine uses or in the Department's General Prefatory
Statement who require the data to perform the services that
they have contracted to perform, provided that those services
are consistent with the routine use for which the information
was disclosed to the contracting entity. Should such a
disclosure be made to the contractor, the individual or entity
making such disclosure shall insure that the contractor
complies fully with all Privacy Act provisions, including those
prohibiting unlawful disclosure of such information.
l.
To the Defense Manpower Data Center - Department of Defense and
the United States Postal Service to conduct computer matching
programs for the purpose of identifying and locating
individuals who are receiving Federal salaries or benefit
payments and are delinquent in their repayment of debts owed to
the United States under programs administered by the DOL in
order to collect the debts under the provisions of the Debt
Collection Act of 1982 (Pub. L. 97-365) by voluntary repayment,
or by salary or administrative offset procedures.
m.
To a credit bureau for the purpose of obtaining consumer credit
reports identifying the assets, liabilities, expenses, and
income of a debtor in order to ascertain the debtor's ability
to repay a debt incurred under the FECA, to collect the debt,
or to establish a payment schedule.
n.
To consumer reporting agencies as defined by section 603(f) of
the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or in
accordance with section 3 (d)(4)(A)(ii) of the Federal Claims
Collection Act of 1966 as amended (31 U.S.C. 3711(f)) for the
purpose of encouraging the repayment of an overdue debt, the
amount, status and history of overdue debts, the name and
address, taxpayer identification (SSN), and other information
necessary to establish the identity of a debtor, the agency and
program under which the claim arose, may be disclosed pursuant
to 5 U.S.C. 552a (b)(12)
o.
To a Member of Congress or to a Congressional staff member in
response to an inquiry made by an individual seeking assistance
who is the subject of the record being disclosed for the
purpose of providing such assistance.
p.
To individuals, and their attorneys and other representatives,
and government agencies, seeking to enforce a legal obligation
on behalf of such individual or agency, to pay alimony and/or
child support for the purpose of enforcing such an obligation,
pursuant to an order of a state or local court of competent
jurisdiction, including Indian tribal courts, within any State,
territory or possession of the United States, or the District
of Columbia or to an order of a State agency authorized to
issue income withholding notices pursuant to State or local law
or pursuant to the requirements of section 666(b) of title 42,
United States Code, or for the purpose of denying the existence
of funds subject to such legal obligation.
Note:
Disclosure of information contained in this system of records
to the subject of the record, a person who is duly authorized
to act on his or her behalf, or to others to whom disclosure is
authorized by these routine uses, may be made over the
telephone or by electronic means. Disclosure over the telephone
or by electronic means will only be done where the requestor
provides appropriate identifying information. Telephonic or
electronic disclosure of information is essential to permit
efficient administration and adjudication of claims under the
FECA. Pursuant to 5 U.S.C. § 552a(b)(1), information from
this system of records may be disclosed to members and staff of
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.
DISCLOSURE
TO CONSUMER REPORTING AGENCIES:
The
amount, status and history of overdue debts, the name and
address, taxpayer identification (SSAN), and other information
necessary to establish the identity of a debtor, the agency and
program under which the claim arose, may be disclosed pursuant
to 5 U.S.C. 552a(b)(12) to consumer reporting agencies as
defined by section 603(f) of the Fair Credit Reporting Act (15
U.S.C. 1681a(f)) or in accordance with section 3(d)(4)(A)(ii)
of the Federal Claims Collection Act of 1966 as amended (31
U.S.C. 3711(f)) for the purpose of encouraging the repayment of
an overdue debt.
POLICIES
AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper
case files are maintained in manual files, while security case
files are in locked cabinets. Automated data, including case
files that have been transformed into electronic form, are
stored in computer discs or magnetic tapes, which are stored in
cabinets. Microfiche is stored in cabinets.
RETRIEVABILITY:
Files
and automated data are retrieved after identification by coded
file number and/or Social Security Number which is
cross-referenced to employee by name, employing establishment,
and date and nature of injury. Since the electronic case
management files were created in 1975, these electronic files
are located in District Offices which have jurisdiction over
the claim, and (as noted above under "system location"),
a complete central data base is maintained at the location of
the contractor. Prior to 1975, a paper index file was
maintained; these records were transferred to microfiche and
are located in the national office.
SAFEGUARDS:
Files
and automated data are maintained under supervision of OWCP
personnel during normal working hours - only authorized
personnel, with the appropriate password, may handle, retrieve,
or disclose any information contained therein. Only personnel
having an appropriate security clearance may handle or process
security files. After normal working hours, security files are
kept in locked cabinets. Access to electronic records is
controlled by password or other user identification code.
RETENTION
AND DISPOSAL:
All
case files and automated data pertaining to a claim are
destroyed 15 years after the case file has become inactive.
Case files that have been scanned to create electronic copies
are destroyed after the copies are verified. Automated data is
retained in its most current form only, however, and as
information is updated, outdated information is deleted. Some
related financial records are retained only in electronic form,
and destroyed 6 years and 3 months after creation or receipt.
SYSTEM
MANAGER(S) AND ADDRESS:
Director
for Federal Employees' Compensation, Office of Workers'
Compensation Programs, 200 Constitution Avenue, NW, Room
S-3229, Washington, DC 20210-0002.
NOTIFICATION
PROCEDURE:
An
individual wishing to inquire whether this system of records
contains information about him/her may write or telephone the
OWCP district office that services the state in which the
individual resided or worked at the time he or she believes a
claim was filed. In order for the record to be located, the
individual must provide his or her full name, OWCP claim number
(if known), date of injury (if known), and date of birth.
RECORD
ACCESS PROCEDURES:
Any
individual seeking access to non-exempt information about a
case in which he/she is a party in interest may write or
telephone the OWCP district office where the case is located,
or the systems manager, and arrangements will be made to
provide review of the file. Access to copies of documents
maintained by the employing agency may be secured by contacting
that agency's designated disclosure officials.
CONTESTING
RECORD PROCEDURES:
Specific
materials in this system have been exempted from certain
Privacy Act provisions regarding the amendment of records. The
section of this notice entitled "Systems Exempted From
Certain Provisions of the Act," indicates the kind of
materials exempted, and the reasons for exempting them. Any
individual requesting amendment of non-exempt records should
contact the appropriate OWCP district office, or the system
manager. Individuals requesting amendment of records must
comply with the Department's Privacy Act regulations at 29 CFR
71.1 and 71.9, and with the regulations found at 20 CFR 10.12
(1999).
RECORD
SOURCE CATEGORIES:
Injured
employees; beneficiaries; employing Federal agencies; other
Federal agencies; physicians; hospitals; clinics; suppliers of
health care products and services and their agents and
representatives; educational institutions; attorneys; Members
of Congress; OWCP field investigations; State governments;
consumer credit reports; agency investigative reports;
correspondence with the debtor including personal financial
statements; records relating to hearings on the debt; and other
DOL systems of records.
SYSTEMS
EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT
In
accordance with 5 U.S.C. 552a(k)(2), investigative 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
the 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.
|
