Expectations for Representatives Appearing Before the Office of Workers' Compensation Programs, 67075-67076 [2022-22630]

Agencies

• DEPARTMENT OF LABOR
• Office of Workers' Compensation Programs

[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67075-67076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22630]



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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 [email protected]; (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

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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