Notice2022-22630
Expectations for Representatives Appearing Before the Office of Workers' Compensation Programs
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 7, 2022
Issuing agencies
Labor DepartmentWorkers' Compensation Programs Office
Abstract
The Office of Workers' Compensation Programs (OWCP) is adopting a set of expectations regarding the conduct of representatives who interact with OWCP staff. The intent is to respond to inappropriate behavior on the part of a small percentage of representatives who participate in the benefit programs administered by OWCP.
Full Text
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<title>Federal Register, Volume 87 Issue 214 (Monday, November 7, 2022)</title>
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[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67075-67076]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22630]
[[Page 67075]]
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DEPARTMENT OF LABOR
Office of Workers' Compensation Programs
Expectations for Representatives Appearing Before the Office of
Workers' Compensation Programs
AGENCY: Office of Workers' Compensation Programs, Labor.
ACTION: Notice of expectations of conduct.
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SUMMARY: The Office of Workers' Compensation Programs (OWCP) is
adopting a set of expectations regarding the conduct of representatives
who interact with OWCP staff. The intent is to respond to inappropriate
behavior on the part of a small percentage of representatives who
participate in the benefit programs administered by OWCP.
DATES: The set of expectations was signed October 6, 2022.
FOR FURTHER INFORMATION CONTACT: Nancy Griswold, Deputy Director, OWCP
at <a href="/cdn-cgi/l/email-protection#7a3d0813090d15161e54341b14190354303a1e1516541d150c"><span class="__cf_email__" data-cfemail="ce89bca7bdb9a1a2aae080afa0adb7e0848eaaa1a2e0a9a1b8">[email protected]</span></a>; (202) 604-5776.
SUPPLEMENTARY INFORMATION: The Office of Workers' Compensation Programs
(OWCP) administers benefit programs for workers covered by the Black
Lung Benefits Act, Longshore and Harbor Workers' Compensation Act,
Federal Employees' Compensation Act, and the Energy Employees
Occupational Illness Compensation Program Act. Public servants who
process benefits claims within each of these programs are required to
interact with the public on a daily basis. While the vast majority of
individuals who interact with Federal workers during the processing of
claims do so in an appropriate manner, there have been recurring
instances of improper and abusive conduct directed at OWCP's employees
by a small minority of individuals representing parties/claimants.
Because such inappropriate conduct can interfere with claims processing
and impair the decision-making process, OWCP has adopted a set of
expectations for the behavior of individuals who interact with its
employees. Moreover, OWCP has a responsibility to prohibit
discrimination against or harassment of any OWCP employee because of
race, color, sex (including sexual harassment and pregnancy, and
related conditions), sexual orientation, gender identity, ethnicity or
national origin, religion, age, genetic information, disability, or in
retaliation for engaging in protected Equal Employment Opportunity
(EEO) activity (collectively, protected characteristics). OWCP is
issuing these expectations both in response to instances of improper
and abusive conduct but also to generally clarify and ensure a common
understanding of how party/claimant representatives should conduct
themselves in dealings with OWCP. In doing so, OWCP seeks to maintain
an environment of civility that will facilitate the claims process and
improve the working environment for its employees.
OWCP adopts this set of expectations under Secretary's Order 10-
2009, 74 FR 58834.
Expectations for Representatives Appearing Before the Office of
Workers' Compensation Programs
(a)Purpose and scope. OWCP strives to treat all claimants, parties
and their representatives with courtesy and respect, and prohibit
discrimination and/or harassment against their employees based on
protected characteristics. We expect that claimants, parties and their
representatives will extend that same courtesy and respect to OWCP
employees.
In light of this expectation, all attorneys and other persons
acting on behalf of a party/claimant should both provide competent
assistance to the party/claimant and recognize OWCP's authority to
lawfully administer the process. In particular, we expect all
representatives to adhere to the following guidelines.
(b) Expectations of Affirmative Conduct. OWCP expects that a
representative will:
(1) Be truthful in their dealings with claimants, other parties,
and with OWCP and its programs.
(2) Act with reasonable promptness to assist the party/claimant
with obtaining the information or evidence that must be submitted under
OWCP's regulations and forwarding the information or evidence to OWCP
for consideration as soon as practicable.
(3) Assist the party/claimant in complying, as soon as practicable,
with OWCP's requests for information or evidence at any stage of the
administrative decision-making process in their claim.
(4) Aid in the efficient, fair, and orderly conduct of the
administrative decision-making process by:
(i) Providing competent representation. Competent representation
requires the knowledge, skill, thoroughness, and preparation reasonably
necessary for the representation.
(ii) Acting with reasonable diligence and promptness in
representing a party/claimant. This includes providing prompt and
responsive answers to OWCP's requests for information concerning a
claim.
(iii) Communicating promptly with the party/claimant, including
reasonably informing them of all matters concerning the representation,
consulting with them on an ongoing basis while representing them, and
responding to their reasonable requests for information.
(5) For business conducted with OWCP electronically, conducting
such business at the times and in the manner prescribed by OWCP.
(6) Ensuring that all of the representative's employees,
assistants, partners, contractors, and any other person assisting the
representative on claims for which the representative has been
appointed, are aware that they are expected to comply with these
guidelines.
(c) Unacceptable Conduct. Engaging in disrespectful and obstructive
behavior does not benefit parties/claimants and interferes with proper
administration of the claims process. We therefore expect that a
representative will not:
(1) Undertake representation in any matter when they are legally
barred from doing so.
(2) Communicate with OWCP or other parties or representatives in a
threatening or disrespectful manner. OWCP may restrict the
communication methods of a representative who does not meet this
expectation.
(3) In any manner or by any means, threaten, coerce, intimidate,
deceive or knowingly mislead a party/claimant or prospective party/
claimant regarding the availability of benefits or other rights under
the relevant Act.
(4) Willfully misleading the party/claimant or prospective party/
claimant about the representative's services and qualifications.
(5) Knowingly make or present false or misleading oral or written
statements, evidence, assertions, or representations about a material
fact or law.
(6) Through their own actions or omissions, unreasonably delay or
cause to be delayed the processing of a claim.
(7) Divulge the party/claimant's confidential information outside
of the claims adjudication process without their consent.
(8) Attempt to influence, directly or indirectly, the outcome of a
decision, determination or other administrative action by:
(i) Threatening harm (either physical or otherwise) to a presiding
official, OWCP employee, or other person who is or may reasonably be
expected to be
[[Page 67076]]
involved in the administrative decision-making process; or
(ii) Offering anything of value to a presiding official, OWCP
employee, or other person who is or may reasonably be expected to be
involved in the administrative decision-making process.
OWCP will report any such threats or offers to appropriate
authorities.
(9) Engage in actions or behavior that impede the fair and orderly
conduct of administrative proceedings, including:
(i) Repeatedly being absent from, or persistently tardy at,
scheduled proceedings without good cause;
(ii) Disrupting proceedings or obstructing the adjudicative process
by:
(A) Directing threatening or intimidating language, gestures or
actions at any person involved in the process.
(B) Providing misleading information or misrepresenting facts that
affect how OWCP processes a claim, such as the place of residence or
mailing address of a party/claimant.
(C) Communicating with OWCP staff or adjudicators outside the
normal course of business or other prescribed procedures in an attempt
to inappropriately influence the processing or outcome of a claim.
(10) Refusing to comply with any of our rules or regulations.
(11) Requesting or assisting another person to violate our rules or
regulations.
(12) Advising any party/claimant or person not to comply with any
of our rules or regulations.
(13) Engage in actions, behavior, or conduct that is discriminatory
or harassing, and based on protected characteristics.
Signed at Washington, DC, on October 6, 2022.
Christopher J. Godfrey,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2022-22630 Filed 11-4-22; 8:45 am]
BILLING CODE 4510-CR-P
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