20 C.F.R. § 10.11

Who maintains custody and control of FECA records?

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All records relating to claims for benefits filed under the FECA, including any copies of such records maintained by an employing agency, are covered by the government-wide Privacy Act system of records entitled DOL/GOVT-1 (Office of Workers' Compensation Programs, Federal Employees' Compensation Act File). This system of records is maintained by and under the control of OWCP, and, as such, all records covered by DOL/GOVT-1 are official records of OWCP. The protection, release, inspection and copying of records covered by DOL/GOVT-1 shall be accomplished in accordance with the rules, guidelines and provisions of this part, as well as those contained in 29 CFR parts 70 and 71, and with the notice of the system of records and routine uses published in the Federal Register. All questions relating to access/disclosure, and/or amendment of FECA records maintained by OWCP or the employing agency, are to be resolved in accordance with this section.

Notes of Decisions

Cited in 5 cases, 1979–2012 · leading case: Plain Dealer Publ'g Co. v. United States Dep't of Labor, 471 F. Supp. 1023 (D.D.C. 1979).

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Plain Dealer Publ'g Co. v. United States Dep't of Labor, 471 F. Supp. 1023 (D.D.C. 1979). “It would further reveal important facts concerning a claimant’s employment history, including his earning capacity and potential, his vocational or educational training, and candid evaluations by his supervisor.”

Jarmuth v. Cox, 278 F. App'x 246 (4th Cir. 2008). · cites it 2× “Because resolution of Jarmuth’s claims necessitated the application of federal law, the case arose under federal law.”

Whether the United States Dep't of Labor Has the Auth. to Control the Disclosure of Fed. Emp. Comp. Act Records Held by the United States Postal Serv. (OLC 2012). · cites it 2× “The second regulation, 20 C.F.R. § 10.11 , is entitled “Who maintains custody and control of FECA records?” It provides: All records relating to claims for benefits filed under the FECA, in- cluding any copies of such records maintained by an employing agency, are covered by the…”

Auth. of the Dep't of Labor to Control the Disclosure of Fed. Employees' Comp. Act Records Held by the United States Postal Serv. (OLC 2012). · cites it 2× “The second regulation, 20 C.F.R. § 10.11 , is entitled “Who maintains custody and control of FECA records?” It provides: 3 The FECA regulations were amended to their current interrogative form in 1997 to make them easier to use.”

Kendall v. Brock, 689 F. Supp. 354 (D. Vt. 1987). “The Secretary has argued that the plaintiff could have obtained copies of the results of the medical examinations conducted by physicians selected by the government, citing 20 C.F.R. § 10.11 . However, as Judge Coffrin’s opinion previously noted, the regulation cited provides…”

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