I
103D CONGRESS
2D SESSION
H. R. 4977
To change the appeals process in the workers’ compensation provisions of
title 5, United States Code.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 17, 1994
Mr. KREIDLER (for himself, Mr. MURPHY, Mr. FRANK of Massachusetts, Mr.
BARLOW, Mr. MARTINEZ, Mr. OBERSTAR, Mr. JACOBS, Mrs. UNSOELD,
Ms. EDDIE BERNICE JOHNSON of Texas, Mr. TORRES, Mr. VENTO, Mr.
WYDEN, Mr. SYNAR, and Mr. JOHNSTON of Florida) introduced the fol-
lowing bill; which was referred to the Committee on Education and Labor
A BILL
To change the appeals process in the workers’ compensation
provisions of title 5, United States Code.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. APPEALS PROCESS.
(a) REFERENCE.—Whenever in this section an
amendment or repeal is expressed in terms of an amend-
ment to, or repeal of, a section or other provision, the ref-
erence shall be considered to be made to a section or other
provision of title 5, United States Code.
(b) TIME PERIOD FOR DECISION.—Section 8118 is
amended by adding at the end the following:
‘‘(f) A final decision by the agency which first receives
a claim shall be made within 90 days of the date the claim
is received by the agency. If a final decision on a claim
is not made within such 90 days, the claimant shall be
authorized continuation of pay under section 8118 from
the date compensation benefits were terminated until a
final decision is made on such claim.’’.
(c) CLAIMANT’S PHYSICIAN.—Section 8123(a) is
amended by adding at the end the following: ‘‘The Sec-
retary shall provide the claimant’s physician with the same
opportunity and information as was provided to the physi-
cian acting for the Secretary, including the statement of
accepted facts and all medical information in the claim-
ant’s file.’’.
(d) PHYSICIAN FEES.—Section 8123(c) is amended
by adding at the end the following: ‘‘The fees paid to phy-
sicians acting for the Secretary shall not exceed the fees
paid for the claimant’s physicians. The claimant’s physi-
cian and bills for medical services provided the claimant
shall be paid within 60 days of the submission of an ap-
proved claim.’’.
(e) HEARING DATE.—Section 8124(b)(1) is amend-
ed—
(1) by adding after the first sentence the follow-
ing: ‘‘The hearing shall be held within 90 days of
the date the request for a hearing is received by the
Secretary.’’, and
(2) by adding at the end the following: ‘‘If the
Secretary does not hold a hearing within 90 days of
the date the hearing is requested or if the Secretary
does not issue a further decision within 30 days
after the hearing ends, the compensation benefits for
any claimant challenging a suspension, termination,
or reduction in benefits shall be reinstated from the
date such benefits were terminated until such time
as a decision has been made.’’.
(f) CONDUCT OF HEARING.—
(1) ADMINISTRATIVE
LAW
JUDGES.—Section
8124(b)(1) is amended by striking ‘‘on his claim be-
fore a representative of the Secretary.’’ and inserting
a period and the following: ‘‘The hearing shall be
conducted by administrative law judges of the De-
partment of Labor.’’
(2) CLAIMANT’S AUTHORITY.—Paragraph (2) of
section 8124(b) is amended to read as follows:
‘‘(2) In conducting the hearing the Secretary shall
follow the requirements of chapter 5 of part I. The claim-
ant shall have the right to confront and cross examine all
of 25 percent of the benefits awarded to the claimant or
$5,000, whichever is less. The Secretary shall take such
action as may be necessary to assure that payment is
made directly to the attorney.
‘‘(d) If the claimant prevails in a decision of a Fed-
eral court under chapter 7 of part I, the claimant’s attor-
ney shall be paid by the Secretary, but not from the claim-
ant’s award, for the work of such attorney if the position
of the Secretary with respect to such claimant was found
under section 2412(c) of title 28 to be not substantially
justified.’’.
(i) REVIEW OF AWARD.—Section 8128 is amended
by striking out subsection (b) and by striking out ‘‘(a)’’
in subsection (a).
(j) MORTGAGEES
AND OTHER SECURED CREDI-
TORS.—Section 8130 is amended by adding at the end the
following: ‘‘If a mortgagee or other secured creditor of the
primary residential dwelling of a claimant agrees to fore-
bear foreclosure or forfeiture of such dwelling until a final
decision is rendered on the claim of the claimant under
this chapter, the claimant may give security under rules
promulgated by the Secretary to ensure direct payment
from the approved award of the Secretary on such claim
to such mortgagee or other secured creditor for all delin-
quent payments, including interest. The Secretary shall
not pay, and no liens shall be given, for attorneys’ fees,
recording costs, penalty clauses, or other charges other
than delinquent payments, including interest, to such
mortgagee or other secured creditor. No mortgagee or
other secured creditor may hold a lien on the claimant’s
primary residential dwelling for any amount in addition
to claimant’s delinquent payments, including interest.’’.
(k) SUBROGATIONS
AND ADJUSTMENTS.—Section
8132 is amended by adding at the end the following: ‘‘In
no case shall a subrogation secured under section 8131
or an adjustment after recovery made under this section
exceed the amount the claimant received in an action
brought against a person other than the United States for
lost wages and medical expenses. In a subrogation under
section 8131, the Secretary may not bring an action for
loss of consortium or other compensatory or punitive dam-
ages other than damages for lost wages and medical
expenses.’’.
(l) EMPLOYEE’S COMPENSATION APPEALS BOARD.—
Section 8149 is amended by striking out the second
sentence.
Æ