recently, a relative of mine was injured and needed an owcp attorney. as i was researching owcp attorneys, i noticed many are not from my state. would this cause an issue or must the attorney be from D.C.?
If it is a Federal Workers Compensation case, then the attorney would have to be a member of the U.S. District Court in the area where the US Department of labor District Office is located that will be handling your case. In order to become a member of the Federal Bar, along with some other requirements, usually has to be an active member of the bar of any State. So you may see many attorneys with different State bar membership practicing in a local U.S. District (Federal) Court.
No, not really. Federal WC Attorneys can practice nationally because hearings are conducted by review and by phone. There are only a few of us in Pennsylvania that actually practice Federal WC before OWVP.
Most OWCP attorneys have a national practice. There is no requirement that the attorney be from the state, or in this case, DC, in order to practice before a federal administrative tribunal such as this. Good luck.
I disagree with my colleague. Pursuant to 5 UCCS sec 8116(c) the Employee's Compensation Appeal Board is given final and exclusive jurisdiction of FECA (OWCP) appeals. These case are not heard in the federal courts unless there is a constitutional issue. The Department of Labor states: "Appellants may proceed with appeals to the Board without the assistance of an attorney or other representative. However, an appellant may authorize in writing that an attorney, union representative, or other representative assist with the appeal. Appellant must provide the authorized representative’s address, email address, and telephone number. " Based on this information, a lawyer from outside DC would be able to represent you. The only reason you ay want to hire a local hearing is that all ECAB hearings occur in the DC only. Therefore, a non-local lawyer is going to be limited to written argument of your case, only. It would not be cost effective to pay a non-local lawyer to go to DC to attend an oral argument. It is my understanding that the great majority of cases before the ECAB are submitted and decid3ed without oral argument.
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