Active WHCA Circulars

Subject: Transmission of Documents from Insurance Carriers to the Office of Workers' Compensation Programs (OWCP) for Use in Adjudicating Claims under the War Hazards Compensation Act (WHCA).

Background: The WHCA supplements the Defense Base Act (42 U.S.C. 1651) (DBA), which is an extension of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901 (et seq.). All liability for injury, death and detention benefits under the WHCA is assumed by the Federal Government and is paid from the Employees' Compensation Fund established by 5 U.S.C. 8147.

Under Section 104 of the WHCA, an insurance carrier, self-insured employer, or compensation fund may claim reimbursement from the Employees' Compensation Fund for benefits paid on cases approved under the DBA, if it can be shown that the covered DBA injury or death was due to a war-risk hazard. Insurance carriers found liable under the DBA may, in certain instances where such liability arises from a war-risk hazard, obtain reimbursement from OWCP for their payments, pursuant to the WHCA. To prove their entitlement to reimbursement, the WHCA and its implementing regulations direct insurers to transmit to OWCP certain documents and information.

OWCP has determined that it is generally more cost-efficient for insurance carriers to send and OWCP to receive transmitted documents and information submitted in support of a claim for WHCA reimbursement via digital media or encrypted email. The integrity of the documents and information being transmitted will also be better maintained when sent via digital media or encrypted email rather than on paper.

Purpose: To provide guidance for insurance carriers to submit documentation to OWCP.

Actions:

1. There are two potential ways that claim documents and information can be sent to OWCP:

a) via encrypted email. The term "encrypted email" refers to transmission by means of email through a channel or application approved by OWCP for that purpose. The insurance carrier will use the DOL-approved email encryption service to send the claim documents and information via encrypted attachments.

b) via encrypted digital media. The term "digital media" in this document is used to refer to the transfer of electronic files and documents by USB Drive or CD-ROM sent through the mail. Insurance carriers will use "7 Zip" 256-bit encryption to encrypt the insurance carrier's files before downloading the files onto digital media. The password needed to decrypt the files will be sent separately from the digital media via e-mail to owcp-wh-carrier-reimbursement@dol.gov. If using digital media, the insurance carrier and its retained law firm's staff will include in the package that contains the digital media the names and dates of the file(s). The package that contains the digital media will also include the following written statement: "The information on this digital media is covered by the Privacy Act of 1974, as amended. By accessing this information, you certify you are complying with all requirements under the Privacy Act." The digital media will be mailed via a trackable method (e.g. USPS, FedEx, UPS) to:

US Department of Labor - OWCP/DFELHWC
Attn: War Hazards
400 West Bay Street Room 722
Jacksonville, FL 32202

OWCP staff will notify the carrier if the digital media arrives damaged.

2. Documents, data, and information submitted to OWCP by the insurance carrier or its retained law firm under either method will be covered under the Privacy Act.

3. This Circular eliminates the need to execute individual memoranda of understanding (MOUs) for the transmission of documents from insurance carriers to OWCP. To terminate any existing and duly executed MOU for the purpose of transmitting these documents, the procedures as established in the MOU shall be followed, and OWCP shall provide 30 days' written notice by means of email to the carrier of its intention to rescind the MOU regarding the transmission of WHCA claim materials.

Disposition: This Circular should be retained until incorporated into the FECA Procedure Manual.

NANCY GRISWOLD
Acting Director for
Division of Federal Employees', Longshore and Harbor Workers' Compensation

Distribution: Applicable FECA Program Staff and Stakeholders

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