[Congressional Record Volume 142, Number 63 (Wednesday, May 8, 1996)]
[Extensions of Remarks]
[Page E732]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   INJURED WORKERS REFORM LEGISLATION

                                 ______


                           HON. JENNIFER DUNN

                             of washington

                    in the house of representatives

                         Wednesday, May 8, 1996

  Ms. DUNN of Washington. Mr. Speaker, I join with Mr. Bilbray as an 
original cosponsor of H.R. 3203, H.R. 3204, and H.R. 3205, legislation 
that would begin to reform the appeals process for injured Federal 
workers; require the administrative agency responsible for adjudicating 
claims select physicians that are impartial; and require that 
physicians who have been certified by a board of medical specialties be 
selected to provide for second opinions for these claims.
  This legislation would create a much needed timeframe for the 
decisionmaking process for a workers compensation claim. This 
legislation would require that the initial decision made by the 
Secretary of Labor regarding any claim filed by a Federal employee be 
made within 90 days of the filing of said claim. If for some reason, a 
decision regarding compensation is not reached within 90 days, the 
claimant would be given full and normal salary payment until a decision 
is reached.
  These measures would specify that an employee filing an injured 
workers claim must submit to an actual physical examination by a 
physician designated or approved by the Secretary of Labor or his 
designee when ordered by an administrative law judge. When surgery is 
required, a second opinion would be required except in life-threatening 
situations.
  If there is any reason for disagreement between the physician for the 
Secretary of Labor and the claimant's physician, a list of three 
physicians of the appropriate board certified specialty would be given 
to the claimant to choose from, and a final exam would be conducted to 
reach closure on any medical and legal issues. All information would be 
shared with the claimants physician.
  The fees set for this process would be set by the Secretary of Labor 
and would be the same as those allowed to the claimant's physician. All 
medical bills shall be paid within 60 days of billing, except during 
the initial claims process and in that case within 60 days of 
acceptance of the claim.
  Further, it would be required that if a claimant is not satisfied 
with the initial decision regarding his claim he/she may request an 
oral hearing within 180 days of the date of the initial decision. Under 
this legislation, once the hearing request has been filed, a hearing 
must take place within 90 days of the date requested. Any decisions 
regarding the issues being appealed would have to be rendered within 30 
days of the hearing or benefits shall be reinstated if denied.
  When conducting a hearing the claimant would be able to cross examine 
all witnesses and present any evidence they feel necessary for 
consideration of the claim. If the claimant prevails in the appeal, 
their attorney or representative would receive 15 percent of the 
benefits awarded to the claimant.
  In a case in which vocational rehabilitation is required, the 
Secretary would provide these services to any permanently disabled 
claimant who requests them or whose physician requests them. The 
claimant would be able to choose the vocational service provider and, 
Federal employees would be given first priority of placement to injured 
Federal workers positions commensurate with their pay at the time of 
their injury and disability.
  Mr. Speaker, these legislative changes will bring about much needed 
reform in the way Federal worker's injury claims are handled. I look 
forward to working with Mr. Bilbray in bringing this measure before the 
whole House of Representatives as soon as possible.

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