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United States Department of Labor Employees Compensation Appeals Board JOHN HAWKINS, Appellant and DEPARTMENT OF THE TREASURY, U.S. MINT, Philadelphia, PA, Employer)))))))) Appearances: John Hawkins,

According to John Hanson, the employees who attended his business had no liability under the employee insurance provided by John Hanson because all the employees were performing work that was outside Mr. Hanson's direct control, and John Hanson's insurance was no better than the insurance of other insurance carriers. The record was substantially similar to the record before the Court on which this decision was issued. Appellant and Hanson jointly filed a motion for summary judgment at the hearing, arguing that, “[t]hey will be required under Section 7 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. § 172), to obtain medical evidence from physicians, radiology doctors, and surgeons to determine the extent of the employee's injuries on the job and/or hospitalization and treatment in the event of an accident or illness. As a result, if John Hanson, who operates an insurance business employing more than 150 workers at his workplace, had employees, or even more than one, that were not performing direct manual labor outside of John Hanson's control, it would create a risk of discrimination under Section 7 of the Act, to which John Hanson may be held.” (Defendant's Motion for Summary Judgment at 5.) On May 29, 2004, the Department of Labor and the Department of Justice filed an opposition to the appellant's motion for summary judgment. In its opposition, the DOJ pointed out that the United States Labor Department was not parties to the complaint filed in June 2004 by the National Labor Relations Board. (Response of Defendant for Summary Judgment at 8.) The Department of Labor also pointed out, again in its opposition, that the Bureau of Labor Statistics found that, on the average, employers and their employees were covered by approximately 12,000 separate insurances, on average, for health care and accident insurance, but that there was no specific definition of “insurance” within the Act. (I'd.) The Department of Labor further explained that all insurance is subject to the Act. (I'd. At 9.) (Opinion filed by Department of Labor, App. No. 05-9172; DOJ Opposition to Appellant's Motion for Summary Judgment (D.D.C.

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