[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Notices]
[Pages 6823-6824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2998]


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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs


Proposed Extension of Existing Collection; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Office of Workers' Compensation Programs is soliciting 
comments concerning its proposal to extend OMB approval of the 
information collection: Statement of Recovery (SOR) Forms (CA-1108 and 
CA-1122). A copy of the proposed information collection request can be 
obtained by contacting the office listed below in the addresses section 
of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before April 9, 2012.

ADDRESSES: Ms. Yoon Ferguson, U.S. Department of Labor, 200 
Constitution Ave. NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0701, fax (202) 693-1447, Email [email protected]. 
Please use only one method of transmission for comments (mail, fax, or 
Email).

SUPPLEMENTARY INFORMATION:
    I. Background: Under section 8131 a Federal employee can sustain a 
work-related injury, for which he or she is eligible for compensation 
under the Federal Employees' Compensation Act (FECA), under 
circumstance that create a legal liability in some third party to pay 
damages for the same injury. When this occurs, section 8131 of the FECA 
(5 U.S.C. 8131) authorizes the Secretary of Labor to either require the 
employee to assign his or her right of action to the United States or 
to prosecute the action. When the employee receives a payment for his 
or her damages, whether from a final court judgment on or a settlement 
of the action, section 8132 of the FECA (5 U.S.C. 8132) provides that 
the employee ``shall refund to the United States that amount of 
compensation paid by the United States * * *.'' To enforce the United 
States' statutory right to this refund, the Office of Workers' 
Compensation Programs (OWCP) has promulgated regulations that require 
both the reporting of these types of payments (20 CFR 10.710) and the 
submission of the type of detailed information necessary to calculate 
the amount of the required refund (20 CFR 10.707(e)). The information 
collected by Form CA-1122 is requested from the claimant if he or she 
received a payment for damages without hiring an attorney. Form CA-1108 
requests this information from the attorney if one was hired to bring 
suit against the third party. If SOL is contacted directly, SOL would 
provide the attorney the CA-1108. Furthermore, by memorandum of 
agreement between OWCP with the United States Postal Service (USPS), 
USPS may administer the third party aspects of certain cases. The USPS 
must follow the guidelines established by OWCP for processing any funds 
recovered from the third party, including the use of the OMB-approved 
SOR. This information collection is currently approved for use through 
June 30, 2012.
    II. Review Focus: The Department of Labor is particularly 
interested in comments which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.
    III. Current Actions: The Department of Labor seeks the approval 
for the extension of this currently approved information collection in 
order to exercise its responsibility to enforce the United States' 
right to this refund. These forms will be used to obtain information 
about amounts received as the result of a final judgment in litigation, 
or a settlement of the litigation, brought against a third party who is 
liable for damages due to compensable work-related injury.
    Type of Review: Extension.
    Agency: Office of Workers' Compensation Programs.
    Title: Statement of Recovery Forms.
    OMB Number: 1240-0001.
    Agency Number: CA-1108 and CA-1122.
    Affected Public: Business or other for-profit, Individuals or 
households.

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                                      Time to
              Form                   complete      Frequency of      Number of       Number of     Hours burden
                                     (minutes)       response       respondents      responses
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CA-1108 Business Respondent.....              30               1           2,549           2,549           1,275
CA-1122 Individual Respondent...              15               1             283             283              71
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    Totals......................              NA              NA           2,832           2,832           1,346
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    Total Respondents: 2,832.
    Total Annual Responses: 2,832.
    Average Time per Response: 15-30 minutes.
    Estimated Total Burden Hours: 1,346.
    Frequency: As needed.

[[Page 6824]]

    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $1,359.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: February 6, 2012.
Vincent Alvarez,
Agency Clearance Officer, Office of Workers' Compensation Programs, 
U.S. Department of Labor.
[FR Doc. 2012-2998 Filed 2-8-12; 8:45 am]
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