« ForrigeFortsett »
light duty or regular work assignment jure someone else, or injuries suffered available at the same rate of pay as the in any activity not related to the acinmate's pre-injury work assignment, tual performance of the work assignthe difference shall be paid in lost-time ment are not compensable, and no wages. Lost-time wages are paid until a claim for compensation for such inju. light duty or regular work assignment ries will be approved. Willful violation at the same pay rate as the inmate's of rules and regulations may result in pre-injury work assignment is avail- denial of compensation for any resultable.
ing injury. (55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994]
8 301.302 Work-related death.
A claim for compensation as the re$ 301.205 Appeal of determination.
sult of work-related death may be filed An inmate who disagrees with the de- by a dependent of the deceased inmate cision regarding payment of lost-time up to one year after the inmate's workwages may appeal that decision exclu- related death. The claim shall be subsively through the Administrative mitted directly to the Claims ExamRemedy Procedure. (See 28 CFR part iner, Federal Bureau of Prisons, 320 542.)
First Street NW., Washington, DC (55 FR 9296, Mar. 12, 1990. Redesignated at 59
20534. FR 2667, Jan. 18, 1994)
8301.303 Time parameters for filing a
claim. Subpart C—Compensation for Work-Related Physical Impair
(a) No more than 45 days prior to the ment or Death
date of an inmate's release, but no less
than 15 days prior to this date, each in$ 301.301 Compensable and
non- mate who feels that a residual physical compensable injuries.
impairment exists as a result of an in(a) No compensation for work-related
dustrial, institution, or other work-reinjuries resulting in physical impair
lated injury shall submit a FPI Form ment shall be paid prior to an inmate's
43, Inmate Claim for Compensation on release.
Account of Work Injury. Assistance (b) Compensation may only be paid
will be given the inmate to properly for work-related injuries or claims al
prepare the claim, if the inmate wishes leging improper medical treatment of a
to file. In each case a definite statework-related injury. This ordinarily in
ment shall be made by the claimant as cludes only those injuries suffered dur
to the impairment caused by the aling the performance of an inmate's reg- leged injury. The completed claim form ular work assignment. However, inju
shall be submitted to the Institution ries suffered during the performance of Safety Manager or Community Correcvoluntary work in the operation or
tions Manager for processing. maintenance of the institution, when (b) In the case of an inmate based at such work has been approved by staff, a community corrections center who is may also be compensable.
being transferred to a Bureau of Pris(c) Compensation is not paid for inju- ons institution, the Community Corries sustained during participation in rections Manager shall forward all mainstitutional programs (such as pro
terials relating to an inmate's work-regrams of a social, recreational, or com- lated injury to the Institution Safety munity relations nature) or from main- Manager at the particular institution tenance of one's own living quarters. where an inmate is being transferred, Furthermore, compensation shall not for eventual processing by the Safety be paid for injuries suffered away from Manager prior to the inmate's release the work location (e.g., while the from that institution. claimant is going to or leaving work, (c) Each claimant shall submit to a or going to or coming from lunch out- medical examination to determine the side of the work station or area).
degree of physical impairment. Re(d) Injuries sustained by inmate fusal, or failure, to submit to such a workers willfully or with intent to in- medical examination shall result in the
rfeiture of all rights to compensaon. In each case of visible impairent, disfigurement, or loss of memr, photographs shall be taken to how the actual condition and shall be ansmitted with FPI Form 43. (d) The claim, after completion by ne physician conducting the impairlent examination, shall be returned to he Institution Safety Manager or ommunity Corrections Manager for nal processing. It shall then be forarded promptly to the Claims Examjer, Federal Bureau of Prisons, 320 first Street NW., Washington, DC 0534. (e) It is the responsibility of each laimant to advise the Claims Examner of his or her current address, in rriting, at all times during the pendncy of a claim for Inmate Accident 'ompensation. (f) When circumstances preclude subnission in accordance with the proviions of paragraph (a) of this section, a laim may be accepted up to 60 days ollowing release. Additionally, a claim or impairment may be accepted up to ne year after release, for good cause hown. In such cases the claim shall be ubmitted directly to the Claims Exminer, Federal Bureau of Prisons, 320 First Street NW., Washington, DC 10534.
8 301.305 Initial determination.
A claim for inmate accident compensation shall be determined by a Claims Examiner under authority delegated by the Board of Directors of Federal Prison Industries, Inc., pursuant to 28 CFR 0.99. In determining the claim, the Claims Examiner will consider all available evidence. Written notice of the determination, including the reasons therefore, together with notification of the right to appeal the determination, shall be mailed to the claimant at the claimant's last known address, or to the claimant's duly appointed representative. 8 301.306 Appeal of determination.
(a) An Inmate Accident Compensation Committee (hereafter referred to as the “Committee”) shall be appointed by the Chief Operating Officer, Federal Prison Industries, Inc., under authority delegated by the Board of Directors of Federal Prison Industries, Inc., pursuant to 28 CFR 0.99. The Committee shall consist of four members and four alternate members, with any three thereof required to form a quorum for decision-making purposes.
(b) Any claimant not satisfied with any decision of the Claims Examiner concerning the amount or right to compensation shall, upon written request made within 30 days after the date of issuance of such determination, or up to 30 days thereafter upon a showing of reasonable cause, be afforded an opportunity for either an inperson hearing before the Committee, or Committee reconsideration of the decision. A claimant may request an in-person hearing or reconsideration by writing to the Inmate Accident Compensation Committee, Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534.
(c) Upon receipt of claimant's request, a determination will be made regarding the timeliness of the filing. If the request is timely filed, or if reasonable cause exists to accept the request filed in an untimely manner, the request shall be accepted. Once accepted, a copy of the information upon which the Claims Examiner's initial determination was based shall be mailed to the claimant at the claimant's last known address, or to claimant's duly
55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994]
301.304 Representation of claimant.
(a) Any person may represent the :laimant's interest in any proceeding for determination of a claim under this part, so long as that person is not conined in any federal, state or local correctional facility. Written appointment of a representative, signed by the claimant, must be submitted before the representative's authority to act on behalf of the claimant may be acknowledged.
(b) It is not necessary that a claimant employ an attorney or other person to assert a claim or effect collection of an award. Under no circumstances will the assignment of any award be recognized, nor will attorney fees be paid by Federal Prison Industries, Inc.
appointed representative, provided the release of such information is not determined to pose a threat to the safety of the claimant, any other inmate, or staff.
8 301.307 Notice, time and place of
committee action. (a) Committee action shall ordinarily occur within 60 days of the receipt of claimant's request, except as provided in this section. Notice of the date set for Committee action shall be mailed to the claimant at the claimant's last known address, or to claimant's duly appointed representative. All Committee action shall be conducted at the Central Office of the Bureau of Prisons, 320 First Street NW., Washington, DC 20534.
(b) A hearing or reconsideration may be postponed at the option of the Committee, or, if good cause is shown, upon request of the claimant. A claimant may change the request from either hearing to reconsideration or reconsideration to hearing, provided notice of such change is received at least 10 days prior to the previously scheduled action.
rights and obligations of the claimant and the government. At such hearing, the claimant shall be afforded an opportunity to present evidence in support of the claim under review.
(c) The Committee shall consider all evidence presented by the claimant, and shall, in addition, consider any other evidence as the Committee may determine to be useful in evaluating the claim. Evidence may be presented orally and/or in the form of written statements and exhibits.
(d) A representative appointed in accordance with the provisions of this section may make or give, on behalf of the claimant, any request or notice relative to any proceeding before the Committee. A representative shall be entitled to present or elicit evidence or make allegations as to fact and law in any proceeding affecting the claimant and to request information with respect to the claim. Likewise, any request for additional information, or notice to any claimant of any administrative action, determination, or decision, may be sent to the representative of such claimant, and shall have the same force and effect as if it had been sent to the claimant.
(e) In order to fully evaluate the claim, the Committee may question the claimant and any witness(es) appearing before the Committee on behalf of the claimant or government.
(f) Claimant, or claimant's representative, may question the Committee or any witness(es) appearing before the Committee on behalf of the government, but only on matters determined by the Committee to be relevant to its evaluation of the claim.
(g) The hearing shall be recorded, and a copy of the recording or, at the discretion of the Committee, a transcript thereof shall be made available to the claimant upon request, provided such request is made not later than 90 days following the date of the hearing.
8301.308 Committee reconsideration.
If the claimant elects to have the Committee reconsider any decision of the Claims Examiner, the claimant may submit documentary evidence which the Committee shall consider in addition to the original record. The Committee must receive evidence no less than 10 days prior to the date of reconsideration, and may request additional documentary evidence from the claimant or any other source. $ 301.309 In-person hearing before the
committee. (a) The appeal shall be considered to have been abandoned if the claimant fails to appear at the time and place set for the hearing and does not, within 10 days after the time set for that hearing, show good cause for failure to appear.
(b) In conducting the hearing, the Committee is not bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, but may conduct the hearing in such manner as to best ascertain the
8 301.310 Witnesses.
(a) If a claimant wishes to present witnesses at the hearing, the claimant must provide the Committee, no less than 10 days before the scheduled hearing date, the name and address of each proposed witness, along with an outline f each witness' testimony. The Comiittee may limit the number of witesses who may appear at a hearing, owever, the Committee has no authorty to compel the attendance of any ritness. (b) Any person confined in a Federal, tate, or local penal or correctional intitution at the time of the hearing nay not appear as a witness, but that erson's testimony may be submitted n the form of a written statement.
and affirm, reverse or amend the Committee's decision no later than 90 days after receipt of claimant's notice of appeal. Written notice of the Chief Operating Officer's decision shall be mailed to the claimant's last known address, or to the claimant's representative.
301.311 Expenses associated with ap
pearance at committee hearing. Federal Prison Industries, Inc., may lot assume responsibility for any exlenses incurred by the claimant, laimant's representative, or any witless appearing on behalf of the claimint in connection with attendance at he hearing, as well as any other costs elating to any representative, witlesses, or evidence associated with a learing before the Committee.
301.312 Notice of committee deter
mination. The Committee shall mail written notice of its decision to affirm, reverse, or amend the Claims Examiner's initial letermination, with the reasons for its lecision, to the claimant at the claimint's last known address, or to claimint's duly appointed representative, no later than 30 days after the date of the nearing unless the Committee needs to make a further investigation as a result of information received at the hearing. If the Committee conducts further investigation subsequent to the hearing, the decision notice shall be mailed no later than 30 days after the conclusion of the Committee's investigation.
8 301.314 Establishing the amount of
award. (a) If a claim for Inmate Accident Compensation is approved, the amount of compensation shall be based upon the degree of physical impairment existent at the time of the claimant's release regardless of when during the claimant's period of confinement the injury was sustained. No claim for compensation will be approved if full recovery occurs while the inmate is in custody and no impairment remains at the time of release.
(b) In determining the amount of accident compensation to be paid, the permanency and severity of the injury in terms of functional impairment shall be considered. The provisions of the Federal Employees' Compensation Act (FECA) (5 U.S.C. 8101, et seq.) shall be followed when practicable. The FECA establishes a set number of weeks of compensation applicable for injuries to specific body members or organs (section 8107).
(c) All awards of Inmate Accident Compensation shall be based upon the minimum wage (as prescribed by the Fair Labor Standards Act).
(1) For body members or organs covered under section 8107, the minimum wage applicable at the time of the award shall be used as the basis for determining the amount of compensation. Awards regarding injury to body members or organs covered under section 8107 shall be paid in a lump sum. Acceptance of such an award shall constitute full and final settlement of the claim for compensation.
(2) For body members or organs not covered under section 8107, awards will be paid on a monthly basis because such awards are subject to periodic review of entitlement. The minimum wage applicable at the time of each monthly payment shall be used in determining the amount of each monthly payment. Monthly payments are ordinarily mailed the first day of the
$301.313 Chief Operating Officer re
view. Any claimant not satisfied with the Committee's reconsidered decision or decision after a hearing may appeal such decision to the Chief Operating Officer, Federal Prison Industries, Inc., 320 First Street NW., Washington, DC 20534. A written request for such an appeal must be received no later than 90 days after the date of notice of the Committee's decision. The Chief Operating Officer shall review the record
ant is released from the correctional facility. (59 FR 2667, Jan. 18, 1994)
month following the month in which the award is effective. 8 301.315 Review of entitlement.
(a) Each monthly compensation recipient shall be required, upon request of the Claims Examiner, to submit to a medical examination, by a physician specified or approved by the Claims Examiner, to determine the current status of his physical impairment. Any reduction in the degree of physical impairment revealed by this examination shall result in a commensurate reduction in the amount of monthly compensation provided. Failure to submit to this physical examination shall be deemed refusal, and shall ordinarily result in denial of future compensation. The costs associated with this examination shall be borne by Federal Prison Industries, Inc.
(b) Inasmuch as compensation awards are based upon the minimum wage, any income received by a compensation recipient which exceeds the annual income available at the minimum wage (based upon a 40 hour work week), including Social Security or veterans benefits received as the result of the work-related injury for which Inmate Accident Compensation has been awarded, shall be deemed excessive. The amount of compensation payable to a claimant with an income deemed excessive shall be reduced at the rate of one dollar for each two dollars of earned and benefit income which exceeds the annual income available at minimum wage. Each monthly compensation recipient shall be required to provide a statement of earnings on an annual basis,
otherwise quested. Failure to provide this statement shall result in the suspension or denial of all Inmate Accident Compensation benefits until such time as satisfactory evidence of continued eligibility is provided. $ 301.316 Subsequent incarceration of
compensation recipient. If a claimant, who has been awarded compensation on a monthly basis, is or becomes incarcerated at any federal, state, or local correctional facility, monthly compensation payments payable to the claimant shall ordinarily be suspended until such time as the claim
$ 301.317 Medical treatment following
release. Federal Prison Industries, Inc., may not pay the cost of medical, hospital treatment, or any other related expense incurred after release from confinement unless such cost is authorized by the Claims Examiner in advance, or the Claims Examiner determines that circumstances warrant the waiver of this requirement. Generally, the payment of such costs is limited to impairment evaluations, or treatments intended to reduce the degree of physical impairment, conducted at the direction of the Claims Examiner. The amount of a payment for medical treatment is limited to reasonable expenses incurred, such as those amounts authorized under the applicable fee schedule established pursuant to 42 U.S.C. 1395w-4 for the Department of Health and Human Services Medicare program. (55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994]
8 301.318 Civilian compensation laws
distinguished. The Inmate Accident Compensation system is not obligated to comply with the provisions of any other system of worker's compensation except where stated in this part. Awards made under the provisions of the Inmate Accident Compensation procedure differ from awards made under civilian workmen's compensation laws in that hospitalization is usually completed prior to the inmate's release from the institution and, except for a three-day waiting period, the inmate receives wages while absent from work. Other factors necessarily must be considered that do not enter into the administration of civilian workmen's compensation laws. As in the case of federal employees who allege they have sustained work-related injuries, the burden of proof lies with the claimant to establish that the claimed impairment is causally related to the claimant's work assignment.