Technology and the Office of Administrative Law
Technology has changed how we communicate with each other and how lawyers communicate with courts. The federal courts have a computerized program (PACER) that allows anyone to view all documents on file in a federal case by paying a small per-page charge. Pleadings and orders filed electronically are automatically served on other parties, who have a one-time free download of the documents. Communication is instantaneous regardless of where the attorney is, what firm he works for, or where his office is located. Court officials use email to schedule hearings and deal with ancillary matters.
Sadly, however, the U.S. Department of Labor refuses to use any of this technology. As we understand it, the Office of Administrative Law Judges would like to use electronic filing for all formal hearings but that has been blocked by the Department of Labor. Supposed concerns about privacy are often cited as the reason neither email nor electronic filing is used by the OWCP. Instead, the National Office paid a contractor to create a cumbersome, complicated system to permit electronic filing of longshore forms with district offices. However, this system does not permit sending email copies of those documents to other parties, and to register one has to give up personal information such as a drivers’ license number or Social Security number.
The Department of Labor has an obsession with secrecy. As the result of a single lawsuit by one disgruntled FECA claimant, the agency has banned electronic publication of any decisions by ALJs or the Benefits Review Board that contain the claimant’s name. Instead, decisions are reported with initials only, though the agency insists the name will be disclosed upon filing of a Freedom of Information Act request.
Claims examiners are forbidden to use the internet for email relating to files. ALJs are forbidden to email decisions to attorneys, and parties are not authorized to file discovery or other pleadings in formal hearings electronically. No valid reason exists for avoiding the technological advances of our time. The OWCP should rethink its policy and press to join the 21st century and federal courts by adopting the PACER system for pleadings and access to decisions. The longer the agency buries its head in the sand, it loses respect and credibility.
This website and its materials were prepared for informational purposes only, visitors of this website should not act upon or rely on any information contained therein, without first seeking the advice of legal counsel licensed in their state.
Please do not send us by e-mail anything confidential. Information sent possibly could jeopardize the confidential status of the information. Further, The Longshore Institute may not be able to give you an immediate answer to your question or additional information may be needed. If immediate attention to your problem is needed, please contact an attorney. |
