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PART 301-INMATE ACCIDENT

COMPENSATION

Subpart A-General

Sec. 301.101 Purpose and scope. 301.102 Definitions. 301.103 Inmate work assignments. 301.104 Medical attention. 301.105 Investigation and report of injury. 301.106 Repetitious accidents.

ents. Compensation may be awarded via two separate and distinct programs:

(a) Inmate Accident Compensation may be awarded to former federal inmates or their dependents for physical impairment or death resultant from injuries sustained while performing work assignments in Federal Prison Industries, Inc., in institutional work assignments involving the operation or maintenance of a federal correctional facility, or in approved work assignments for other federal entities; or,

(b) Lost-time wages may be awarded to inmates assigned to Federal Prison Industries, Inc., to paid institutional work assignments involving the operation or maintenance of a federal correctional facility, or in approved work assignments for other federal entities for work-related injuries resulting in time lost from the work assignment.

Subpart B-Lost-Time Wages 301.201 Applicability. 301.202 Determination of work-relatedness. 301.203 Payment of lost-time wages. 301.204 Continuation of lost-time wages. 301.205 Appeal of determination.

(55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2666, Jan. 18, 1994)

Subpart C-Compensation for Work

Related Physical Impairment or Death 301.301 Compensable and noncompensable

injuries. 301.302 Work-related death. 301.303 Time parameters for filing a claim. 301.304 Representation of claimant. 301.305 Initial determination. 301.306 Appeal of determination. 301.307 Notice, time and place of committee

action. 301.308 Committee reconsideration. 301.309 In-person hearing before the com

mittee. 301.310 Witnesses. 301.311 Expenses associated with appearance

at committee hearing. 301.312 Notice of committee determination. 301.313 Chief Operating Officer review. 301.314 Establishing the amount of award. 301.315 Review of entitlement. 301.316 Subsequent incarceration of com

pensation recipient. 301.317 Medical treatment following release. 301.318 Civilian compensation laws distin

guished. 301.319 Exclusiveness of remedy.

AUTHORITY: 18 U.S.C. 4126, 28 CFR 0.99, and by resolution of the Board of Directors of Federal Prison Industries, Inc.

SOURCE: 55 FR 9296, Mar. 12, 1990, unless otherwise noted.

8 301.102 Definitions.

(a) For purposes of this part, the term work-related injury shall be defined to include any injury, including occupational disease or illness, proximately caused by the actual performance of the inmate's work assignment.

(b)(1) For purposes of this part, the term release is defined as the removal of an inmate from a Bureau of Prisons correctional facility upon expiration of sentence, parole, final discharge from incarceration of a pretrial inmate, or transfer to a community corrections center or other non-federal facility, at the conclusion of the period of confinement in which the injury occurred.

(2) In the case of an inmate who suffers a work-related injury while housed at a community corrections center, release is defined as the removal of the inmate from the community corrections center upon expiration of sentence, parole, or transfer to any nonfederal facility, at the conclusion of the period of confinement in which the injury occurred.

(3) In the case of an inmate who suffers a work-related injury while housed at a community corrections center and is subsequently transferred to a Bureau of Prisons facility, release is defined as

Subpart A-General

8301.101 Purpose and scope.

Pursuant to the authority granted at 18 U.S.C. 4126, the procedures set forth in this part govern the payment of accident compensation, necessitated as the result of work-related injuries, to federal prison inmates or their depend

the removal of the inmate from the Bureau of Prisons facility upon expiration of sentence, parole, or transfer to a community corrections center or other non-federal facility.

(c) For purposes of this part, the term dependent is defined as the legally recognized spouse or child of an inmate for whose support the inmate is legally responsible in whole or part.

(d) For purposes of this part, the term work detail supervisor may refer to either a Bureau of Prisons or a non-Bureau of Prisons supervisor.

(e) For the purposes of this part, the phrase housed at or based at a “Bureau of Prisons institution” shall refer to an inmate that has a work assignment with a Bureau of Prisons institution or with another federal entity and is incarcerated at a Bureau of Prisons institution. For the purposes of this part, the phrase based at or housed at a "community corrections center” shall refer to an inmate who has a work assignment for a non-Bureau of Prisons federal entity and is incarcerated at a community corrections center.

staff, as appropriate. The work detail supervisor shall immediately secure such first aid, medical, or hospital treatment as may be necessary for the proper treatment of the injured inmate. First aid treatment may be provided by any knowledgeable individual. Medical, surgical, and hospital care shall be rendered under the direction of institution medical staff for all inmates based at Bureau of Prisons institutions. In the case of inmates based at community corrections centers, medical care shall be arranged by the work supervisor or by community corrections center staff in accordance with the medical needs of the inmate. Refusal by an inmate worker to accept such medical, surgical, hospital, or first aid treatment recommended by medical staff or by other medical professionals may result in denial of any claim for compensation for any impairment resulting from the injury.

(59 FR 2667, Jan. 18, 1994)

[55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2666, Jan. 18, 1994)

8301.103 Inmate work assignments.

The unit team of each inmate, which ordinarily designates work assignments, or whoever makes work assignments, shall review appropriate medical records, presentence reports, admission summaries, and all other available information prior to the designation of an inmate to a work assignment in an effort to preclude the assignment of an inmate to a work assignment not compatible with the inmate's physical ability or condition. (55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994)

8 301.105 Investigation and report of

injury. (a) After initiating necessary action for medical attention, the work detail supervisor shall immediately secure a record of the cause, nature, and exact extent of the injury. The work detail supervisor shall complete a BP-140, Injury Report (Inmate), on all injuries reported by the inmate, as well as injuries observed by staff. In the case of injuries on work details for other federal entities, the work supervisor shall also immediately inform community corrections or institution staff, as appropriate, of the injury. The injury report shall contain a signed statement from the inmate on how the accident occurred. The names and statements of all witnesses (e.g., staff, inmates, or others) shall be included in the report. If the injury resulted from the operation of mechanical equipment, an identifying description or photograph of the machine or instrument causing the injury shall be obtained, to include a description of all safety equipment used by the injured inmate at the time of the injury. Staff shall provide the inmate with a copy of the injury report. Staff shall then forward the original

$301.104 Medical attention.

Whenever an inmate worker is injured while in the performance of assigned duty, regardless of the extent of the injury, the inmate shall immediately report the injury to his official work detail supervisor. In the case of injuries on work details for other federal entities, the inmate shall also report the injury as soon as possible to community corrections or institution

and remaining copies of the injury report to the Institutional Safety Manager for review. In the case of inmates based at community corrections centers, the work detail supervisor shall provide the inmate with a copy of the injury report and shall forward the original and remaining copies of the injury report to the Community Corrections Manager responsible for the particular community corrections center where the inmate is housed.

(b) The Institution Safety Manager or Community Corrections Manager shall ensure that a medical description of the injury is included on the BP-140 whenever the injury requires medical attention. The Institution Safety Manager or Community Corrections Manager shall also ensure that the appropriate sections of BP-140, Page 2, Injury-Lost-Time Follow-Up Report, are completed and that all reported work injuries are properly documented. [59 FR 2667, Jan. 18, 1994)

next regularly scheduled meeting. The Safety Committee shall make a determination of the injury's work-relatedness based on the available evidence and testimony. The determination shall be recorded on BP-140, Page 2, a copy of which shall be provided to the inmate.

(b) A determination of work-relatedness for purposes of awarding lost-time wages is not confirmation on the validity of any subsequent claim to receive compensation for work-related physical impairment or death. (55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994)

8 301.106 Repetitious accidents.

If an inmate worker is involved in successive accidents on a particular work site in a comparatively short period of time, regardless of whether injury occurs, and the circumstances of the accidents indicate an awkwardness or ineptitude that, in the opinion of the inmate's work supervisor, implies a danger of further accidents in the task assigned, the inmate shall be assigned to another task more suitable to the inmate's ability.

8 301.203 Payment of lost-time wages.

(a) An inmate worker may receive lost-time wages for the number of regular work hours absent from work due to injury sustained in the performance of the assigned work.

(b) Lost-time wages are paid for time lost in excess of three consecutively scheduled workdays. The day of injury is considered to be the first workday regardless of the time of injury.

(c) An inmate may receive lost-time wages at the rate of 75% of the standard hourly rate of the inmate's regular work assignment at the time of the injury. (55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994)

Subpart B-Lost-Time Wages 8 301.201 Applicability.

Lost-time wages shall be available only for inmates based at Bureau of Prisons institutions. [59 FR 2667, Jan. 18, 1994]

8 301.204 Continuation of lost-time

wages. (a) Once approved, the inmate shall receive lost-time wages until the inmate:

(1) Is released;

(2) Is transferred to another institution for reasons unrelated to the work injury;

(3) Returns to the pre-injury work assignment;

(4) Is reassigned to another work area or program for reasons unrelated to the sustained work injury, or is placed into Disciplinary Segregation; or,

(5) Refuses to return to a regular work assignment or to a lighter duty work assignment after medical certification of fitness for such duty.

(b) An inmate medically certified as fit for return to work shall sustain no monetary loss due to a required change in work assignment. Where there is no

8 301.202 Determination of work-relat

edness. (a) When the institution safety manager receives notice, or has reason to believe, a work-related injury may result in time lost from the work assignment, he or she shall present BP-140, Pages 1 and 2 (with the appropriate sections completed) to the Institution Safety Committee at the Committee's

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 injulight 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

20534. (55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994)

§ 301.303 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

forfeiture of all rights to compensation. In each case of visible impairment, disfigurement, or loss of member, photographs shall be taken to show the actual condition and shall be transmitted with FPI Form 43.

(d) The claim, after completion by the physician conducting the impairment examination, shall be returned to the Institution Safety Manager or Community Corrections Manager for final processing. It shall then be forwarded promptly to the Claims Examiner, Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534.

(e) It is the responsibility of each claimant to advise the Claims Examiner of his or her current address, in writing, at all times during the pendency of a claim for Inmate Accident Compensation.

(f) When circumstances preclude submission in accordance with the provisions of paragraph (a) of this section, a claim may be accepted up to 60 days following release. Additionally, a claim for impairment may be accepted up to one year after release, for good cause shown. In such cases the claim shall be submitted directly to the Claims Examiner, Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534.

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8 301.305 Initial determination.

A claiin 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. g301.306 Appeal of determination.

(a) An Inmate Accident Compensation Committee (hereafter referred to

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 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)

8 301.304 Representation of claimant.

(a) Any person may represent the claimant's interest in any proceeding for determination of a claim under this part, so long as that person is not confined 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.

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