[Congressional Record Volume 142, Number 58 (Wednesday, May 1, 1996)]
[Extensions of Remarks]
[Page E686]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        INJURED FEDERAL WORKERS

                                 ______


                         HON. BRIAN P. BILBRAY

                             of california

                    in the house of representatives

                         Wednesday, May 1, 1996

  Mr. BILBRAY. Mr. Speaker, I have recently introduced three bills, 
along with my colleague from Washington, Representative Jennifer Dunn. 
These bills, H.R. 3203, H.R. 3204, and H.R. 3205, would, if enacted, 
make only minor changes to our labor law, yet will provide major 
changes in the quality of the lives of many who serve this Nation as 
employees of the Federal Government. These bills not only continue this 
Congress' effort to force the Federal Government to conform to the laws 
that apply to all other citizens in this great country, but also bring 
additional accountability to one of our Government's largest Federal 
bureaucracies, the Department of Labor.
  Mr. Speaker, of all the worker's compensation programs nationwide, 
only the Federal Government's does not allow for judicial review of 
cases to insure fair and equitable access and redress. Although 
proposals have been introduced in the past to address this question, 
the opportunity for success in this endeavor has never been greater. 
The culture of Congress has changed, and with this change, there is a 
newfound persistence in finding innovative solutions to vexing problems 
which previously were more easily buried or ignored.
  H.R. 3205 not only provides a more equitable review process, but also 
provides reasonable time limitations in their deliberation. This bill 
expedites the initial decision process, eliminates the practice of 
redundant second opinions without legitimate legal or medical 
provocation, and provides the opportunity for claimants to have their 
own physician or representative present during the examinations. These 
provisions will significantly reduce the size of the quiet second 
opinions cottage industry that has developed in the wake of cases 
lasting up to 10 years, ruining the lives of the injured employees, and 
costing the Federal Government hundreds of millions of dollar.
  Additionally, H.R. 3205 requires the Secretary of Labor to fix 
physician fees at a level comparable to the limits placed on fees 
charged by the claimants own physicians. By equalizing compensation 
levels and structures, Federal workers can be assured that they are 
getting a fair hearing with honorable medical representation.
  Finally, H.R. 3205 requires the Secretary of Labor to provide 
reemployment and vocational skill training to injured workers to 
quickly return the injured employee to the workplace. Federal employees 
are valuable assets to the Federal Government, with millions of dollars 
spent every year in training. It makes little sense to waste the 
capabilities of these workers developed over years of experiences in 
the Federal workplace by forcing them to sit on the sideline, and in 
many cases, extract millions more from the Federal Government through 
disability and other compensation.
  H.R. 3203 and H.R. 3204 are bills with similar purposes, to 
streamline and expedite the workers compensation policies of the 
Federal Government to provide fair and equitable access for all 
workers. Specifically, H.R. 3203 would require that in cases requiring 
a second opinion, that physician will be selected on an impartial 
basis. H.R. 3204 would require that physicians selected to provide 
medical opinions be board certified in the medical specialty which is 
being called into question. Mr. Speaker, you would be surprised to 
learn that despite repeated attempts by my office to have the agency in 
question voluntarily modify this practice, my constituents continue to 
be diagnosed by physicians with no certification to diagnose injuries 
of the nature in dispute.
  In conclusion, Mr. Speaker, these bills are commonsense solutions to 
very specific problems. They are not legitimately controversial, and 
will truly make a legitimate difference in the lives of the hard-
working Federal employees who provide valuable and necessary Government 
services. Besides the relatively mundane Federal workers that staff our 
bureaucracies, these unsung heroes also include the valiant members of 
Border Patrol agents, Federal Firefighters, U.S. Marshals, Drug 
Enforcement Agents, and the Secret Service who put their lives and 
bodies in harm's way every day.
  Representative Dunn and I are committed to expediting the journey of 
these bills to the floor of the House of Representatives, and I urge 
the committee of jurisdiction to examine these issues in the context of 
this year's hearings, and move forward as quickly as possible.

                          ____________________