Oversight of the Management Practices at the Office of Workers' Compensation Programs: Hearing Before the Subcommittee on Government Management, Information, and Technology of the Committee on Government Reform and Oversight, House of Representatives, One Hundred Fifth Congress, Second Session, July 6, 1998U.S. Government Printing Office, 1999 - 369 pages |
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30 days abusive adjudication Andy Anderson appeal asked assigned authority benefits Branch of Hearings Chairman Claimant claims examiner Colleen Dougan Compensation Appeals Board Compensation Programs dated DAVIS decision delegated denied Department of Labor DFEC DFEC's Director Markey disability District Office doctor documents Doug Campbell ECAB EEOC EEOC hearing employing agency Employment Standards Employment Standards Administration Euchler fact FECA Federal Employees going Hallmark Hearing Representative hearing requests Hearings and Review HORN Howard injured employees injured workers investigation issue July June KERR letter Long Beach medical evidence Naval Hospital Occupational Safety OFCCP Office of Workers ONODERA OWCP claim PEREZ physical therapy physician problems procedures received remand rate responsibility Roger Meester Safety and Health SECOP sexual harassment statement subcommittee submitted supervisor surgery Susan Yake terminated testimony thank told U.S. Department U.S. Postal Service Union Steward USHER Wage and Hour Yake's
Popular passages
Page 107 - State will, to the extent permitted by its law, establish and maintain an effective and comprehensive occupational safety and health program...
Page 85 - Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute, as would be necessary in the absence of an administrative interpretation. Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute.
Page 85 - When a court reviews an agency's construction of the statute which it administers, it is confronted with two questions. First, always, is the question whether Congress has directly spoken to the precise question at issue.
Page 107 - The head of each agency shall (after consultation with representatives of the employees thereof)— ( 1 ) provide safe and healthful places and conditions of employment, consistent with the standards set under section 6...
Page 103 - ... first, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the government's interest...
Page 103 - First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.
Page 85 - That in case of any disagreement between the physician making an examination on the part of the United States and the employee's physician the commission shall appoint a third physician, duly qualified, who shall make an examination.
Page 97 - Bureau has one general policy, which is to follow and to adhere to the principles of workmen's compensation law as stated in the opinions of the Supreme Court, the Federal Circuit Courts of Appeal, and the District Courts of the United States, as they may appropriately be applied in like situations arising under the laws administered by the Bureau.
Page 98 - States furnish principles of law of general applicability in the specialized field of workers' compensation, which form parts of the foundation of general principles relied upon in the application and interpretation of the Act. The Office applies the provision of the Act applicable in respect to a particular case or situation, to the extent that such provision can readily be applied without extrinsic aid, but where such aid is necessary the source thereof is the body of principles embodied in authoritative...