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concurs, case status PN will be entered into the database. Thereafter, medical evidence
should be requested on a regular basis and obtained at least every 3 years to monitor the
claimant's physical condition and employment-related disability; and earnings information
should be obtained yearly via Form CA-1032.
f. Retroactive Determinations. Retroactive constructed LWEC determinations should be
considered only when the evidence clearly shows that partial rather than total disability existed
prior to adjudication, and no compensation has been paid for the period of disability in question.
Additionally, it may be considered when vocational rehabilitation services cannot be employed
(e.g., because a subsequent, totally disabling non-work-related condition has arisen).
In cases meeting these criteria, the CE must first determine whether the claimant has had any
actual earnings. If so, see paragraph 7b above. If not, the CE should refer the case to the RS for
preparation of a list of suitable positions from the DOT (or OWCP specified equivalent), as
described in paragraph 8b above, and pay compensation for LWEC for the entire period of partial
disability. Retroactive constructed LWEC determinations are not to be made where compensation
is being paid for temporary total disability. In such cases payments must continue until the LWEC
decision is made.
g. Claimants in Prison. Pursuant to § 8148(b) of the FECA, benefits of individuals imprisoned
as a result of a felony conviction shall be suspended as of the date of imprisonment. The
implementing regulations (20 C.F.R. § 10.18) provide that the convicted individual forfeits all rights
to compensation during the period of incarceration. See Danny E. Haley, 56 ECAB 393 (2005).
However, during periods that a claimant’s compensation is suspended under section 8148(b) for a
felony conviction, the claimant’s dependents are entitled to a percentage of his compensation. See
Cheri Cortinas, guardian of Savannh Speiser, Docket No. 02-363 (issued April 21, 2003). See also
PM Chapter 2-1400.12.
Claimants not convicted of felonies do not lose entitlement to compensation payments simply
because they are imprisoned. Such cases are handled according to the same criteria as any other
case, insofar as possible. Work performed in prison, and training received there, should be
considered in assessing the claimant's physical capability to perform a job and his or her job skills
along with other factors in the claimant's background to determine a suitable job on which to base
an estimated earning capacity. Prison authorities should be asked to provide information on the
claimant's work activities and training. The RS should contact the claimant and prison officials to
arrange any feasible training program. Since prison is not an open labor market and the claimant
is considered to be confined as the result of a
voluntary misdeed, job selection should be based upon availability in the area which would apply if
the claimant were not imprisoned.
2-0814-9 Claims Actions After Reemployment
9. Claims Actions After Reemployment. Cases where a claimant stops work after reemployment may
require further action, depending on whether the rating has been completed at the time the work
stoppage occurs.
a. Formal LWEC Decision Issued. If a formal LWEC decision has been issued, the rating should
be left in place unless the claimant requests resumption of compensation for total wage loss. In
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