Office of Workers' Compensation Programs

(a) Special claims Section 8143b of title 5, United States Code, is amended by adding at the end the following: (c) Special claims handling unit for employees in fire protection activities (1) Establishment The Secretary shall establish a special claims handling unit to process and adjudicate claims for workers' compensation claims submitted by any employee in fire protection activities. (2) Training Personnel assigned to the specialized claims handling unit shall— (A) receive training and proficiency testing on the duties, operational conditions, and occupational exposures associated with firefighting; and (B) possess or develop expertise in occupational illnesses and injuries associated with smoke exposure, hazardous substances, heat, and other hazards encountered during firefighting operations. (3) Claims processing The Secretary shall ensure that claims submitted by an employee described in paragraph (1) are processed in a timely manner. (4) Coordination The Secretary of Labor shall work in coordination with the Federal Wildland Firefighter Health and Wellbeing Program established under section 4 of the Wildland Firefighter Health Act and the National Institute for Occupational Safety and Health to develop training and operational guidance for the special claims unit. (d) Annual OWCP report on firefighter claims (1) Annual reporting requirement The Office of Workers’ Compensation Programs (in this subsection referred to as OWCP) shall prepare and publish an annual report of workers’ compensation claims submitted by employees in fire protection activities, including claims for traumatic injury and occupational illness occurring in the performance of duty. (2) Required contents Each report shall include, at a minimum, aggregate data and summary statistics on— (A) claims filed, accepted, denied, pending, and appealed, including rationale for denials; (B) categories of occupational exposures that were alleged by the claimant (including smoke or heat) and what categories OWCP accepted as established; (C) diagnoses OWCP claimed, accepted, and partially accepted; (D) time to decision metrics, including— (i) claim filing to completion of development, or the time it takes from when a claim is filed to the time when OWCP determines that they can issue an initial determination, based on factual and medical evidence submitted; (ii) claim filing to initial decision, or the time it takes from when a claim is filed to when the first decision is made to either accept or deny a claim; and (iii) claim filing to initial acceptance, if applicable, or the time it takes from when a claim is filed to when the first decision is made, which occurs when there has been a determination that the claim has met all necessary elements, and a list of accepted diagnoses is made; (E) data on the use of second opinion physicians, or physicians selected by the government to issue a medical opinion, and referee physicians, or impartial physicians independent from OWCP who issues medical opinions, including— (i) how often these physicians are utilized; (ii) the time it takes for each type of physician to issue their opinions; (iii) a description of the impact of such opinion on claim outcomes; and (iv) total costs paid for such opinions. (F) identification and discussion of any systemic issues affecting timely adjudication or access to benefits for Federal firefighters. (3) Coordination and use of data The Director of the OWCP shall use the information contained in the report to— (A) inform updates to the Wildland Firefighter Health Strategy; (B) identify administrative or regulatory barriers to timely medical care and compensation; (C) recommend legislative, regulatory, or policy changes to improve outcomes. (4) Public availability Each report under this subsection shall be made publicly available in a searchable and accessible format, consistent with applicable privacy laws.. (b) Certain Illnesses and diseases Section 8143b(b)(1) of title 5, United States Code, is amended by striking, if the employee and all that follows through protection activities. (c) Technical amendment Subsection (b) of section 8143b of such title, as amended by subsection (b), is further amended in the subsection heading by striking diseased and inserting diseases.