Sunday, November 04, 2007

FILE, FILE, WHO'S GOT THE FILE?

In federal workers’ compensation (OWCP) claims run by the US Department of Labor (USDOL), the claimant’s ability to prove her case against the USDOL hinges on what is in her claims file.
That claims file is provided to the claimant by the USDOL. The claims file may be on CD ROM, in paper, or both.
It is very common for the CD rom file not to match the paper file and vice versa. It is common for the paper file to be missing pages. It is common for the CD-rom to contain records from other unrelated claims.
So which file is the “official” file for a claimant in an OWCP claim? The paper file or the CD-rom?
I directly submitted this question to the Director of OWCP in Washington DC.
The response from the USDOL as to which one of the CD rom or paper file is the “official” record for the claim was …….. Neither.
According to the response received this week from the USDOL, the only “official” record for an OWCP claim is the electronically imaged file stored in the USDOL databank. Neither the paper file nor the CD-rom provided to the claimant or her representative is considered the official record.
Obviously, this presents quite a problem for the claimant when she must appeal her claim against the USDOL to the final authorities and she is never provided an “official” copy of her entire claims file by the USDOL. On such an appeal, the claimant may or may not have all the documents she needs to present her appeal against the USDOL, but only the USDOL which holds on to the only “official” file will be privy to the information.