congress kentucky
I read recently that Congress was considering a proposal that the federal government take control of the administration, financing and all other aspects of Base Act Defense (The Defense Base Act Extension to the Longshore and Harbor Workers Compensation Act). Although I think we all agree that AIG does not is the most efficient and fair manager of the Law, just ask anyone who has ever had a claim under the Federal Employees Compensation Act (FECA) how feel about the government getting in the game.
FECA applies generally to all federal employees working in the U.S. that fall on non-allocated funds (NAF) extension the Longshore and Harbor Workers' Compensation Act (LHWCA). Therefore, if you work for the Post Exchange, the commisary, the golf course or anywhere else which derives its funds from sources besides Congress, which are under the NAF and the LHWCA. Most of these workers are employed by AAFES or the Navy Exchange Service. Virtually everyone else, postal workers, employees of the Department of Labor, the federal court employees, any employee of a federal agency, are under the FECA. The test is easy if you are a civil servant, you have the pleasure of having the coverage of FECA.
What's so bad about FECA you ask?
First, the district offices in a Longshore case serve as mediators and assist both sides in following the law. Under the FECA, become the advocate for the employer. If ever we can discover that your claims examiner (CE) is, you can certainly never him or her on the phone. They are so swamped that all mail to any office disctict going to a distribution center / scanning service in London, Kentucky. Theoretically, it is scanned into the system. However, with the volume of email, the chances that you have to send something three or four times is frighteningly high. Once the CE finally gets your document, there guarantee that nobody will take any decision. The only way to do anything is to make your Member concerned. I like to think that my Congressman has things further on their plate if I can get reimbursed for mileage.
My point is, if Congress, basically, "said" to these companies and administers Base Act Defense is worse than it is now, more taxpayers will be forced to pay not only the benefits but also for expansion Massive District Office handling Longshore cases. If you're skeptical or curious, the next time you are on the phone with the District Office, ask how many claims examiners that they have. Also, ask if they know how many claims examiners FECA side (this is the same District Office) and ask for the phone number. Call the Office FECA and see how long it takes someone who does not even answer the phone.
Secondly, this action would be very difficult for the ESC to remain impartial when one side would be the federal government. Even if the EC succeeds in remaining neutral, the appearance of bias is as bad as bias itself. Under the FECA, the EC acts as an advocate for the company and you have to discuss with the district office for private gain. If you do not like the decision of the district office, you have a limited right to a hearing. However, no hearing is held by a judge, but an "official the audience ", who also works for the Department of Labor. The majority of these hearing officers used to be, you guessed it, claims examiners in the District Office. If not as the hearing officer's decision, you can appeal to an entity called the "Compensation Appeals Board Employees' (Ecab). However, the luck to get a good decision, much less favorable. According to the Acting Inspector General of the Department of Labor, admitted the delay the Ecab is 16 months. The current delays can be worse. Moreover, a whopping 89% of claimants who patiently wait two years for a decision, lose.
As unfair and incompetent the insurers can be in this area, their behavior is offset by the fairness and competence of claims examiners in the Offices District and the ALJs in OALJ. I prefer to risk any day on a real system with the OWCP and OALJ opponent in the middle as mediators and judges. If these claims are handled by the government, whether under the FECA or a bastard version of the LHWCA, we will suffer – we, the claimants, we, the lawyers and we, taxpayers.
Write Congressman and say "NO". Defense Law of the base cases are good where they are. Why should we create a new bureaucracy, when the current system, while not perfect, works?
YMSB w/ Fishman – Kentucky Mandolin Congress Theatre 10-6-07
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