Episode Claims Incident Business Management Meeting April 3-4, 2007

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Episode Claims Incident Business Management Meeting April 3-4, 2007

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Objective - What is Claims Management - Roles & Responsibilities - Pursuing Fire Trespass (Claims For) - Claims Authorities - Inviting a Claim (Claims Against) - Contacts - Handling of cases happening on occurrences

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Claims Management The procedure for overseeing Claims Against the Government starts once the Forest Service knows about an occurrence that may offer ascent to a claim, and finishes when the claim is arbitrated . The procedure for Claims For the Government starts when infringement/harms have been recognized and investigative procedures start, and finishes when the obligation has been sold

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References 6509.11h Service-Wide Claims Management Handbook (Draft) Chapter 10 – Incident Investigations Chapter 20 – Administrative Claims for Govt Chapter 30 – Administrative Claims Against the Govt Chapter 40 – Employee Claims

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Claims Responsibilities Employees It is the duty of every representative who witnesses or learns of an episode that may prompt to a case of or against the Government to: Document what happened and why/how, regardless of the possibility that it shows up the FS has no duty regarding the occurrence; archive witnesses Never concede blame - Notify boss or potentially line officer

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Claims Responsibilities Line Officers It is duty of Line Officers to guarantee that: Incidents that could bring about cases of or against the Government are accounted for to Law Enforcement and Investigations (LE&I) work force inside 1 business day so they can be fittingly researched, and ASC is informed inside 5 days of notice of episode, and Claims bundle is transmitted to ASC inside 1 day after receipt of examination report

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Claims Responsibilities Law Enforcement LEI Staff has general program & oversight duty regarding examinations that could bring about cases and will: 1) lead an examination or give coordinate investigative oversight of an appropriately prepared examiner, and 2) guarantee an opportune report of their discoveries is readied & submitted to the Line Officer where episode happened, and 3) guarantee required follow-up activity is finished .

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Claims Responsibilities Unit Claims Liason Serve as Claims contact/facilitator Provide names and contact data of FS representatives to ASC Claims Specialists when required Help recognize fitting FS workers for claim cases and cases in case Receive and appropriate cases related archives sent to the unit [e.g., prosecution records; guarantee data; FOIA asks for/reactions; Congressional solicitations/reactions )

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Claims Responsibilities Unit Claims Liason (cont'd) Upon ask for, give data to general society and Forest Service representatives (e.g., who to contact in regards to cases questions and additionally where to mail claims; where to send notices of mischances; where to send duplicates of engine vehicle mishap reports including outsiders) Provide work code to pay claims against the Government, as asked for Provide work codes for billings for cases for the Government, as asked for Receive composed claim, date-stamp assert, send claim to the ASC

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Claims of the Government POLICY Take forceful activity to gather all cases of the U.S. emerging out of Forest Service exercises Damage to Personal Property (Vehicles) – 3 Yrs Fire Suppression Costs – 3 Yrs Resource Damage from flames on NFS – 6 Yrs STATUTE OF LIMITATIONS

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FIRE TRESPASS CLAIMS FOR THE GOVERNMENT A fire trespass assert for the Government comes about when a man or lawful substance, acting carelessly or generally wrongfully, causes an out of control fire and smolders Forest Service assets or property. A fire trespass might be carried out without criminal plan.

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Fire Investigations The examination provide details regarding fires must incorporate the things depicted in areas 12.26a through 12.26n, 6509.11h, Chapter 10 Identify the reason for the fire and the truthful or incidental confirmation supporting the assurance of the fire cause. Depict the capabilities of the examiner, or other person, who decided the fire cause.

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Fire Investigations (proceeded) 12.26b - Personnel Include the accompanying data concerning staff: 1. Duplicate of the line officer instructions. 2. Gotten away Fire Situation Analysis (EFSA) (FSM 5132.1). 3. Data on climate conditions and fire threat winning the 5 days instantly preceding the begin of the fire and for the span of the fire. Incorporate climate reports and lightning location reports. 4. Duplicates of letters designating power to the fire's Incident Commander(s). 5. Home unit contact data for all Incident Command work force

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12.26f - Fire Records Retain all fire records, including shift arranges, time reports, gear records, dispatch logs, radio logs, and State and nearby assentions at the occurrence unit. Make the records accessible to Claims Specialists to bolster the Government's position in guarding against cases or to substantiate the sum guaranteed in cases of the Government. On the off chance that a case develops into a claim, the records are liable to disclosure by the other party and accommodation to the court.

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12.26n - Intentionally Set Wildfires 1. Data on protection scope of the person(s) who set the fire. 2. Duplicate of State codes with respect to parental obligation and money related cutoff points of parental risk if the fire was begun by adolescents.

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INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK CHAPTER 60 – ACCIDENT INVESTIGATION AND REPORTING An autonomous examination group must set up a supplemental story report for the accompanying: 1. Any fatality(s). 2. Hospitalization of at least three people. 3. Loss of body capacity. 4. Weakening anticipated that would last more than 30 days. 5. Harm to government property surpassing $5,000, barring asset harm. 6. Real or potential genuine harm to private individual and significant harm ordestruction of private property.

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Chapter 70 71 – CLAIMS INVESTIGATIONS. All mischances or episodes, which may bring about a claim for or against the administration, must be expeditiously examined and plainly reported by a prepared examiner or other qualified work force. In a perfect world, the examination is finished by law authorization faculty as a team with the Safety Officer. Genuine mishaps (e.g., casualty or hospitalization of at least three faculty), significant property harm, or genuine individual damage will regularly be examined by a free examination group. Examinations ought to be made while witnesses are accessible, before harms have been repaired, and preceding presentation of cases. The occurrence office ought not commission extraordinary Claims Damage Assessment Teams, aside from in strange conditions. Part 60, Sections 62-64, gives examination rules and reporting necessities.

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Claims of the Govt Billable versus Non-Billable Costs Reference Chapter 20, FSH 6509.11h 21.11c - Fire Suppression Costs. At the point when a bill will be issued for flame concealment, figure every immediate cost of flame concealment. By and large, these expenses speak to the gross charges to the fire. The bookkeeping framework was intended to catch costs acquired on particular fires using a prestructured administration code doled out to the fire. Utilize these expenses minus all potential limitations degree conceivable to bolster billings issued as an aftereffect of the fire. Audit charges to figure out whether they precisely mirror the Forest Service cost of concealment.

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1. Billable Costs . The accompanying rundown of concealment expenses is not expected to be comprehensive, but rather ought to mirror the lion's share of costs the Forest Service incurs. a. Pay rates and wages of Forest Service workers, including Job Corps Civilian Conservation Center staff. Pay costs incorporate base time, additional time, peril pay, and manager's commitments to retirement, government disability, disaster protection, and medical advantages. b. Travel and transportation costs. c. Wages of transitory workers and related costs d. Cost of instruments and supplies.

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Billable costs (proceeded with) e. Surface and air hardware working expenses and rentals, including the altered proprietorship rate for working capital reserve gear f. Different things, for example, phone, transmit, and arrive rental expenses. g. Expenses of trespass examination, arrangement of reports, and harm appraisals, unless not permitted by State statute.

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2. Non-billable Costs . Try not to incorporate the cost for the accompanying things: a. Devices and supplies acquired, yet not utilized, if they are accessible to be utilized for other fire purposes, (for example, those ready to be put away in the fire store). b. Staff (work and overhead) requested for obligation, yet not really utilized on the fire (for instance, held available for later). c. Gear, apparatuses, and supplies smoldered, lost, or generally crushed amid concealment through deficient supervision or other authoritative blunder. d. Teams utilized for preparing purposes.

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Non-billable costs (proceeded with) e. Administration supervision, for example, that performed by the District Ranger or Forest Supervisor, unless such officer really possesses a position in the fire concealment association. f. Work and hardware contributed at no cost to the Forest Service by collaborating offices, for example, the Navy and Army, gave the Forest Service is not in charge of charging alternate offices costs under an interagency assention. g. Expenses of chemicals or hardware utilized on an exploratory premise just regarding gear improvement ventures.

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The venture chief's announcement and exchange registers ought to be utilized to collect trespass costs in lieu of individual finance registers Form AD-355, travel vouchers, and gear utilize tearsheets. Keep up duplicates of all s