Tort Examiner/Adjudicator

FUNCTIONAL PURPOSE: 

Processes and adjudicates significant tort claims filed with the Postal Service under the Federal Tort Claims Act, including but not limited to determining liability and monetary value, negotiating settlements, and resolving Medicare liens and insurance coverage issues. Provides litigation support to Postal Service Tort Attorneys.

DUTIES AND RESPONSIBILITIES:

1. Conducts secondary investigations of tort claims that involve demands of $50,000 and higher including but not limited to locating and interviewing Postal Service employees and third-party witnesses, gathering and reviewing investigative documents, and collecting and evaluating other evidence. Researches and analyzes case law, jury verdict research, and historical records of Postal settlements and judgments.

2. Integrates and analyzes the specific facts discovered during investigation with primary and secondary law to determine the Postal position regarding the nature of each claim, the Postal Service?s potential liability pursuant to the Federal Tort Claims Act and the monetary value of the injuries and/or damages.

3. Obtains settlement authority from postal attorneys to negotiate settlements with claimants or legal representatives to reach settlements in amounts that are often greater than $100,000. Similarly negotiates resolutions of the amount of Medicare or other liens attached to tort claim recoveries and the amount of insurance coverage available to the Postal Service.

4. Manages a large (200+ a year) tort claim caseload; processing claims within statutory deadlines and according to individual performance goals. Handles larger collection matters for damages caused to Postal property and vehicles forwarded to the National Tort Center by Operations or Finance.

5. Writing or drafting correspondence with Postal District Managers, claimants and their attorneys; comprehensive claim summaries for postal attorneys; medical chronologies based on the review and interpretation of complex medical records, reports, diagnostics and medical billings; interrogatory and request for production responses; Freedom of Information Act responses; demand letters; settlement agreements; and other work product as required.

6. Prepares and certifies Postal discovery responses and various pleadings in connection with tort litigation, and provide other assistance as requested by Postal attorneys and the Chief Counsel.

7. Provides advice to Tort Claim Coordinators (TCCs) and other local postal officials with regard to the FTCA, tort liability issues under state laws, the value of lesser claims handled directly by the TCCs, and other related matters.

8. Responds to requests for information and/or subpoenas pursuant to the Freedom of Information Act (FOIA) and/or Touhy regulations ensuring compliance with applicable deadlines, statutory exemptions and reporting requirements.

REQUIREMENTS:

1.Ability to research, interpret, and apply state and federal case law, statutes and regulations sufficient to assess personal injury and/or property damage claims filed pursuant to the Federal Tort Claims Act. 

2.Ability to analyze and evaluate medical records sufficient to draft a concise medical chronology for use in the adjudication of personal injury claims.

3.Ability to evaluate the degree of liability, monetary value, and make comparative fault assessments on claims submitted to the Postal Service.

4.Ability to conduct legal research utilizing standard legal research materials, including statutory and regulatory materials, policy handbooks and manuals, and legal research databases such as LEXIS and Westlaw.

5.Ability to work effectively on multiple projects with stringent deadlines in a team environment.

6.Ability to orally present the results of research and investigative finding as requested and to continually communicate high level legal and medical concepts while engaging in often heated negotiations with attorneys, claims adjusters and pro se claimants.