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Here are the FECA provisions that place OWCP above the law that created OWCP. All
three sections, §8173, §8128, and §8149 are found in http://www.dol.gov/dol/esa/public/regs/statutes/owcp/feca.htm
.
In Congressional testimony, OWCP officials claimed the law is
fair because claimants can appeal to Employees Compensation Appeal Board (ECAB). The
catch is that the ECAB is bound by adversarial regulations written by the Secretary, DOL,
which cannot be challenged by the ECAB.
These three provisions say essentially that :
(1) You can't get any court to overturn a claim denial,
(2) The Secretary DOL (or designee) can overrule any decision for any reason or no reason,
without being subject to any court, and
(3) The Secretary is given a blank check to write any regulations including standards of
proof and evidence for claims; those regulations are final; and the ECAB is bound by those
regulations.
NOTE: Simply getting the right to go to court over claim
denials will not change (3), and any court would still be bound by all the adversarial
existing regulations in OWCP. The only way to change the adversarial regulations is
to rewrite the FECA. Only Congress can do that. For a current
example of a district court and appeals court throwing out a challenge to OWCP for these
reasons, see U.S. 3rd Circuit Court of Appeals MCDOUGAL-SADDLER v
SECRETARY LABOR in this site.
This is
the FECA section that bars suits over OWCP claims. It's the exclusive remedy clause. Look
at the words: "This liability... is exclusive and instead of all other
liability of the United States ......under a workmen's compensation statute or under a
Federal tort liability statute." It therefore bars class action as well,
under both statutes referred to. |
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| §8173.
Liability under this subchapter exclusive The liability of the United States or of a
nonappropriated fund instrumentality described by section 2105(c) of this title, with
respect to the disability or death resulting from injury, as defined by section 902(2) of
title 33, of an employee referred to by sections 8171 and 8172 of this title, shall be
determined as provided by this subchapter. This liability is exclusive and instead
of all other liability of the United States or the instrumentality to the employee, his
legal representative, spouse, dependents, next of kin, and any other person otherwise
entitled to recover damages from the United States or the instrumentality because of the
disability or death in a direct judicial proceeding, in a civil action, or in admiralty,
or by an administrative or judicial proceeding under a workmen's compensation statute or
under a Federal tort liability statute. |
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This is one part of FECA that Oklahoma attorney James Linehan referred to in his testimony
in Washington, D.C. OWCP can throw out their own rules anytime and trash anyone's
case without justifying it to anyone. Or they can order CEs to deny claims to begin
with. |
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| §8128.
Review of award (a)
The Secretary of Labor may review an award for or against payment of compensation at any
time on his own motion or on application. The Secretary, in accordance with the facts
found on review, may--
(1) end, decrease, or increase the compensation previously awarded; or
(2) award compensation previously refused or discontinued.
(b) The action of the Secretary or his designee in allowing or denying a payment under
this subchapter is--
(1) final and conclusive for all purposes and with respect to all questions of law and
fact; and
(2) not subject to review by another official of the United States or by a court by
mandamus or otherwise. |
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This is their absolute right to make up any rules they please. No one has any legal right
to challenge OWCP rules. This refers to the Code of Federal Regulations, CFR which they
write. All other manuals and directives are based on that. It cannot be challenged under
existing law. All the abuses you put up with come from ridiculous rules in those
documents. Delays of medical treatment, cutoff without due process, rehab nurses,
storefront secops, refusal to accommodate on the job, you name it. They do it all under
those rules. |
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| §8149.
Regulations The
Secretary of Labor may prescribe rules and regulations necessary for the administration
and enforcement of this subchapter including rules and regulations for the conduct of
hearings under section 8124 of this title. The rules and regulations shall provide for an
Employees' Compensation Appeals Board of three individuals designated or appointed by the
Secretary with authority to hear and, subject to applicable law and the rules and
regulations of the Secretary, make final decisions on appeals taken from determinations
and awards with respect to claims of employees. In adjudicating claims under section 8146
of this title, the Secretary may determine the nature and extent of the proof and evidence
required to establish the right to benefits under this subchapter without regard to the
date of injury or death for which claim is made. |
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