"Average people who want to be whole" Angie McClellan reviews documents prior to submitting a claim for higher review. LA-RFO Photo by Spec. Larry Gleeson. Back to Features

Oops!
Angie McClellan brings respect for victims in managing claims
By Dave Harris, Public Affairs, Louisiana Recovery Field Office 

Following Hurricanes Katrina and Rita, Louisiana residents suffered furious winds, marauding and rising waters, floating houses, looming dead tree limbs and crushed vehicles, thanks to Mother Nature.

A key theme at the Louisiana Recovery Field Office is Respect for the Victim, which can mean avoiding causing a victimized resident to become a “victim twice,” the result of accidental damage.

But … out of hundreds of thousands of work site in Louisiana alone, occasionally a subtle voice can be heard over the din.

“Oops!”

Alleged damages caused by recovery operations can take a bite-size chunk out of an otherwise tolerable day.

During recovery operations, demolition and debris removal can cause perceived stress, mental anguish, and perceived collateral damage: driveways, sidewalks, fences, foliage, fender-benders, personal injury, the rare wrongful demolition or even a blue roof neatly and meticulous installed on the wrong house.

If a claim results, it’s time to call Angie McClellan, paralegal specialist at the Louisiana Recovery Field Office.

“Sometimes people file claims for stress or mental anguish, because perhaps they’re thinking, ‘I’ve already been through two hurricanes and I’m trying to rebuild, and now the Corps of Engineers, in removing debris, has damaged my sidewalk and driveway. It’s yet another hassle I have to deal with,’” Angie said.

“Even though there’s a ‘hold harmless’ clause in the city’s executive orders exempting the Corps from specified liability in disaster response,” she said, “everyone has a right to file a claim under the Federal Tort Claims Act.”

When she receives a formal claim, Angie said, “I conduct a brief investigation to confirm the facts, coordinate with our people in the field, and determine if the Corps is or is not negligent.”

But in a number of cases, the hold-harmless clause protects the Corps and its contractors from claims stemming from disaster relief operations.

“But, does it mean we will not pay any claim? No.”

How long does it take to process a claim?

“We have a six-month administrative investigation period to respond to a formal claim,” Angie said. “If we don’t, the claimant has the right to file in U.S. District Court, but we try to respond in the order in which it was received as quickly as we can.

Angie has already developed a response to the claims alleging that contractors did damage, so it’s easier to push those out and get a response to the claimant as quickly as possible.

“Most are average people looking for some type of reimbursement,” she said. “They feel that they’ve been wronged and they want to be made whole.”

Demolition and debris damage claims are separate from those received at the New Orleans District based on breaching of the levee.

She explained, “In the RFO, we have a lot fewer claims compared with New Orleans District, but it’s still a lot of work with minimum staffing to process so many claims.”

“We have close to 300 potential claims right now. We won’t begin an investigation or process them until they become formal,” Angie said. “Potential claims are when someone calls in and says ‘here’s the information’ related to a potentially compensable event. We only consider it formal when they submit a Standard Form 95, Claim for Damage, Injury or Death.”

She said that in fiscal year 2006 she logged or processed 168 claims, both formal and potential torts.

“The numbers have gone up and continue to go up.”

In the claims Angie handles, she said, “It helps if the claimant gives the complete picture – the detailed basis of the claim, photographs, witness statements if they have any, and they have filled out the form in its entirety, including ‘lump sum certain’ identifying the amount.  It helps speed up processing.”

She added, “If the claimant knows a contractor did damages, for example, they saw the contractor t-shirt or the contractor logo on the truck, they can deal directly with the contractor or notify us and we can work with our Contracting Office to have the contractor go out and perhaps make the repairs. But the claimant still has the right to file formally with us.”

During normal times in a Corps of Engineers organization, funds for approved claims come from civil works or a project if the amount is under $2,500, she said. In other than disaster response, if it is more than that, it comes from the Judgment Fund at the Department of Treasury.

Angie said the District Counsel in Memphis District makes the final decision on claims. “He’s the settlement authority and he can approve, deny or settle up to a $50,000 claim. If it’s more than that, we do an investigation and submit a recommendation and the decision is made by the U.S. Army Claim Service at Fort Meade, Md.”

Those who want to file a claim can get more information and download the form at http://www.mvm.usace.army.mil/RFO/claims.htm.

Angie said her most memorable claim didn’t occur here but at her home district in Huntington, W.Va.

“One gentleman had set up camp and was anticipating a wonderful weekend at one of our projects, East Lynn Lake,” she said.

After an allergic reaction, he filed a claim asserting that the Corps should be able to protect him. The claim triggered a lengthy investigation.

Did the Corps pay?

“No. The Corps was protected under the Recreational Use Statute.”

All that pain and suffering and the man emerged penniless after a stinging decision by the American system of jurisprudence – adding insult to injury.

“He had been stung by a bee.” 

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