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This position is located in the Division of Federal Employees’ and Energy Workers’ Compensation, (FEEWC), which is one of the national Office divisions in the Office if the Solicitor. The Division is responsible for providing legal services to the Office of Workers’ Compensation Programs (OWCP) in connection with workers’ compensation claims under the Energy Employees Occupational Illness Compensation Program (EEOICPA),the Federal Employees’ Compensation Act (FECA), and related statues. The division also provides legal services to all agencies of the Department in connection with the Federal Tort Claims Act (FTCA), Military Personnel and Civilian Employee Compensation Act (MPCECA), and related statues.
Incumbent serves as a paralegal specialist in the Subrogation Unit and is responsible for his or her own personal case load of subrogation matters. The Subrogation Unit is responsible for thousands of cases referred to FEEWC by OWCP in order to determine whether FECA claimants should be required to seek damages from third parties potentially liable for FECA-covered injuries and illnesses and for monitoring any litigation seeking such damages.
Incumbents make initial case analysis to determine that sufficient evidence exists to indicate third-party liability involving the injury or death of a Federal employee or other covered beneficiary. Incumbent also determines advisability of instituting proceedings against a third party given both the past and projected future expenditures of Government funds and the probable cost of securing a recovery.
Incumbent provides assistance in the development of the third-party claim by offering assistance to private attorneys and employees, providing copies of relevant documents from the employee’s OWCP case file, and by explaining obligations imposed by the subrogation provisions of the FECA. For employees who are negotiating settlements without the assistance of a private attorney, incumbent advises employees of the applicable statute of limitations to their cause of action as well as how to present a claim. Incumbent also counsels employees to seek private counsel, if deemed appropriate.
Incumbent drafts a variety of legal correspondence concerning application of the subrogation provisions of the FECA and the calculation of the Government‘s statutory right of reimbursement for disbursements made in accordance with the provisions of the FECA.