James R. Linehan PC Newsletter
1-800-266-9535 Nationwide Toll freeJanuary 27, 2011
Greetings!

The recent shooting in Tucson Arizona is indeed a tragedy.  However there are now serious questions and issues being raised as to the care and treatment of US Congressman Giffords and if she will be afforded the same or different treatment than other federal employees who are injured on their jobs.  Read on for more details.
US CONGRESSMAN GIFFORDS INJURY AND RECOVERY; HOW OR WILL THIS BE HANDLED BY THE FEDS?
Giffords

We all now know thew horrific news; US Congressman Giffords is shot through the head while attending a public event in Tucson Arizona.  She is alive but in major treatment that could take months or years to resolve.


One would think that Cong. Giffords, as a US Congressman,  has all sorts of rights and compensation and benefits coming to her and her family as she was undoubtedly severely injured while in her position as a US Congressman, a federal employee on the job.

 

Not so fast.  Cong. Giffords, as with any other federal employee, are the only group of American civilians that have no rights, none, should they be injured or even killed while on their federal job.

 

This means exactly what it says.

 

A federal employee, such as Cong. Giffords has less rights than an illegal alien or immigrant who is similarly injured or killed on their job in America, even if illegally employed in America.

 

Cong. GIffords has no right to have her claim for compensation and medical treatment due to this horrific injury reviewed or heard in any Court of Law in the United States. An illegal immigrant working illegally on a job in the US and injured has full rights to sue and appeal and go to Court on his injury claims.

 

Cong. Giffords has no right to have her claim for compensation and medical treatment due to this horrific injury reviewed by any other State or Congressional office or figure. 

 

Cong. Giffords was tragically shot through her head, her brain.  Incredibly, her brain, as well as her heart and spine are not recognized as "vital organs" of the body for federal employees.  Cong Giffords will not be awarded or permitted any compensation for any damage to her brain. Cong. Giffords has no right appeal that to any Court of Law.

 

Cong. Giffords, once she has chosen a medical provider has very limited right to change physicians, and very limited rights to obtain medical treatment, surgery, rehabilitation and physical therapy without first having those requests submitted to a clerical worker who may or may not respond to her requests.  Cong. Giffords will have no rights of appeal on this to any Court of law.

 

Cong. Giffords can be literally forced to return to work upon the discretion of a clerical worker and if she so refuses, she could face permanent loss of current and future compensation benefits and treatment.  She will have no rights of appeal on that issue to any Court of Law.

 

Finding competent medical treatment for Cong. Giffords may be close to impossible.  There are very few medical providers in the United States who will accept any injured federal employee for  care and treatment. 


The current and future problems that Cong. Giffords and her family will be facing on her recovery, if like most other federal employee injury claims, will become bogged down in a morass of clerical bureaucracy that may take Cong. Giffords' family months, years and decades trying to get responses or action.

All these problems arise out of the fact that as a federal employee injured on her federal job, Cong. Giffords, as with all other federal employees, is required to process her injury claim through the US Department of Labor Office of Workers Compensation Programs, commonly referred to as "OWCP".  The OWCP is literally a blackbox agency with little to no Judicial or Congressional oversight that, by law, is free to impose or change it rules laws and procedures as it sees fit, at the sole discretion of one person: the US Secretary of Labor. 

No decision of the Secretary of Labor on any OWCP claim is reviewable by any Court authority or Congressional authority.  Should the Secretary of Labor decide at any time, now or in the future on Cong. Giffords injury claim, that Cong Giffords is not entitled to any benefits or compensation, for any reason  or no reason, within the sole discretion of the Secretary, that is a decision Cong. Giffords and her family will have no right to appeal or argue to any Court of Law.

These facts have been previously brought to bear down on US Congressional officials.  US Congressman Sullivan (Oklahoma) was injured in a vehicle accident after giving a political speech.  Cong. Sullivan complained that after months and months he was unable to get his claim pushed through the OWCP and had not received a single penny in compensation.  So Cong. Sullivan decided to sue in federal court for his injuries.  That went nowhere as the suit was tossed out immediately by the Courts.   The federal Court found that the Congressman must get in line just like any other injured federal  employee and wait for the OWCP to process his claim.   Noting that the Secretary of labor trumps any United States Court, the federal court found that "The Court does not have any authority to question the Secretary's designation or the manner in which the Secretary issues an award" under the OWCP system.  Sullivan v. United States of America, DDC will. Action No. 05-1418 (CKK) (04/13/2007)

In a strange coincidence another US Congressman Dennis Kucinich (D-Ohio) is attempting to sue for his injury to his mouth when he bit down on a sandwich while eating in the Congressional cafeteria.  Whether or not his suit is also thrown out because he has no right to sue under federal law will be interesting. 

In the interim, millions of federal employees across the nation will be watching with interest how Cong. Giffords will be treated under the OWCP system.  Will she be treated just like any other federal employee, subject to a complete lack of rights and subject to the sole personal discretion of the Secretary of Labor as to what if any compensation benefits she can or will receive with no right to argue or appeal?  Just how will Cong. Giffords and her family be treated when in fact the federal law does not recognize her brain as a "vital organ" deserving of any compensation for her massive injury?

Perhaps Cong. Giffords and her family can for herself, her family and millions of other Americans and their families, take charge and throw into the light for all to see the blackbox OWCP system and open it up for fair and equitable compensation with full and open rights of judicial review for herself and millions of other hard working Americans. 
Sincerely,


Jim Linehan