Workers - Council of Prison Locals - C-33

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All records relatins to claims for benefits. including copies of such records maintained b1' an empiover. are considered confidential and mainot be released. inspected. copied or other$'ise disclosed except as provided in the Freldom of Information Acr and rhe Privacv Act of 1974. Sec. 1 0. 1 1 who maintains cuslod' and control of FECA records All records relating to clairns for benefits filed under the FECA. including anr. copies of sucir records maintainedtl, an emplol,ing aqenc\," are covered b),1h.;;,.,;mment_ u'ide Privacy'Act s)'slem of records entitled Dol,,bovr_l (office of \\,-orkers, Compensation Programs. Federal Emplo-"-ees' Compensation Act File). This svstem olrecords is maintained b,v- and underthe control of owCp, and. as such. all records covered b;- DOL/GOVT- i are official records of O$;CP. The protecrion. reiease, inspection and copving of records cor''ered b1'DOLiGoVT-l shall be accomplished in accordance u'ith the rules. guidelines and provisions of this part. as rvell as those contained in 29 CFR parts 70 and 71 . and u,ith the notice of th. s).srem of records and routine uses published in the Federal Reeister. All questions relating to access/disclosure. and,/ or amendment of FECA .".oid, maintained by OwCp or the emploving aqenc\'. are to be resolved in accordance u.ith this section. Sec' 10' 12 Horv nla\r a FEC,{ claimaxt or benefician' obtain copies of protected records (a) A claimant seeking copies of his or her officiai FECA file should address a requesr to the District Director of the OWCP office having custody of the file. A claimant seeking copies of FECA-related documents in the custodv of the emploler should folloiv the procedures established by that agency. (b) ( 1) \\hile an employing agenc,v may estabrish procedures that an injured enlplol'ee or beneficiary should foliorv in requesting u.."r, to documents it maintains. any decision issued in response to such a request must compll' w.ith the rules and regulations of the Department of Labor u'hiCh qovern all other aspects of safeguardinq these records. (2) No emplol inu aeency has the authoritl' to issue determinalions rvith respect ro requests for the correction or amendment of records contained in or covered bv DOL"GOVT-1 . That authoritv is within the exclusive control of OWCp. rfr6, uni, request for correction or alnendment received b,u* an emplof ing aeenc)' must be referred to OWCP fbr review and decision. (3) Any administrative appeal taken from a denial issued bv the emplol ing aeencv or OWCP shall be fiied vi'ith the Solicitor of Labor in accordance u-ith :9 CFR 11 .7 and, 71 .9. Sec' l0' 13 Wrat process is used bu a person who wants to co11ect FECA- related documents Page -17-
Any requesto amend a record covered by DOL/GOVT- 1 shouid be directed to the district office having custody of the official file. No employer has the authorit-v to issue detetminations rvith regard to requests for the conection of records contained in or covered by DOL/ GOVT- I . Any request for con-ection received by an emplo,ver must be referred to OWCP for review and decision. Rights and Penalties Sec. i 0.15 NIay compensation rights be waived No employer or other person ma-v require an emplo\,ee or other claimant to enter into any agreement, either before or after an injury or death. to wair,e his or her right to claim compensation under the FECA. No waiver of compensalion rights shali be valid. Sec. 10.16 What crinrinal penalties may be imposed in connection with a claim under the FECA (a) A number of statutory provisions make it a crime to fiie a false or fraudulent clain'r or statement with the Gor,'ernment in connection with a claim under the FECA. or to wrongfully impede a FECA claim. Included among these provisions are sections 287, 1001. 1920, and 1922 of title 18. United States Code. Enlbrcement of these and other criminal provisions that may appiy to ciaims under the FECA are within the jurisdiction of the Department of Justice. (b) In addition. administrative proceedings may be initiated under the Program Fraud Civil Remedies Act of i 986 (PFCRA), 3 i U.S.C. 3801- 12. to impose civil penalties and assessments against persons who make, submit. or present, or cause to be made. submitted or presented, false, fictitious or fraudulent claims or r,lritten statements to OWCP in connection with a claim under the FECA. The Department of Labor's regulations implementing the PFRCA are found at 29 CFR parr22. Sec. I0.17 Is a beneficiar-v who defrauds the Government in connection with a claim for beneflts still entitled to those benefits \\hen a beneficiary either pleads guiltv to or is found guilry on either Federal or State criminal charges of defrauding the Federal Government in connection rvith a claim for benefits, the beneficiary's entitlemento any further compensation benefits will terminate effective the date either the guiity plea is accepted or a verdict of guilt"v is returned after trial, for any injury occurring on or before the date of such guiltv plea or verdict. Termination of entitlement under this section is not affected by any subsequent change in or recurrence of the beneficiary's medical condition. Sec. i0.18 Can a beneficiary rvho is incarcerated based on a feionl' conviction stiil receive benefits Page -18-
Page 1 and 2: : _ ^f'GE 1 orH DISTRICT TRATNITT -
Page 3 and 4: PART 10--CLAIIIS FoR coNIpENSATIoN
Page 5 and 6: 10.210 \Lhat are the emplo'ee's res
Page 7 and 8: 10'113 If aperson dies u'hile recei
Page 9 and 10: 10.701 Who may sen/e as a represent
Page 11 and 12: 10.8 i i What are tire grounds for
Page 13 and 14: 1fl Subpart F: The rules governing
Page 15 and 16: (o) Nledical sen'ices means sen,ice
Page 17: ate for cerlain persons rlho live i
Page 21 and 22: have been a\^,are. of the causai re
Page 23 and 24: (c) Hou,ever, in cases of death due
Page 25 and 26: must be reiiable, probative and sub
Page 27 and 28: (b) OWCP claims staff appiy the lar
Page 29 and 30: Responsibilities Sec. 10.210 \\'hat
Page 31 and 32: average dail-v-- rvage earned in th
Page 33 and 34: (a) When an emplo,vee sustains a-wo
Page 35 and 36: elnplovee has sustained an identifi
Page 37 and 38: sen'icesu'ill be considered under S
Page 39 and 40: obstruction. and anv contpensation
Page 41 and 42: expenses because the amount he or s
Page 43 and 44: \Iember Breast (one) Kidnel'(one) I
Page 45 and 46: (l) A child- brother- sister or gra
Page 47 and 48: Adjustments to Compensation Sr:c. I
Page 49 and 50: A benefician'ma'be incapable of man
Page 51 and 52: (b) Hou.eYer. O\\'CP mar' find that
Page 53 and 54: including tax refunds as authorized
Page 55 and 56: emplo)'ee of anv accommooations the
Page 57 and 58: (c) if the emploverhas advised an e
Page 59 and 60: earninq crpacitv if it is suitable
Page 61 and 62: and is eirhera student as defined i
Page 63 and 64: (a) An employ.ee (or representati'e
Page 65 and 66: -\ Ilearirle is a rl icn of an acir
Page 67 and 68: fonn of a revieu'of the uritten rec
Page 69 and 70:
epresentative until the claimant rv
Page 71 and 72:
(a) Seek danraqes for the injury or
Page 73 and 74:
(l)Grossrecovery Attornev's fees (2
Page 75 and 76:
to different conditions for purpose
Page 77 and 78:
activities listed in 5 u.S.C' 8191
Page 79 and 80:
(d) The non-receipt of compensation
Page 81 and 82:
tiris section. that the proi.'idere
Page 83 and 84:
localin'tinres the conversion facto
Page 85 and 86:
Jurlsdrctron over the owcP district
Page 87 and 88:
( I ) Resign voluntarill' frorn par
Page 89 and 90:
(b) The administrative lari' judge
Page 91 and 92:
conclse statement of the basis for
Page 93 and 94:
(d) Persons emploved in a countn' o
Page 95 and 96:
(13) Loss of hearins: One ear.5l q'
Page 97 and 98:
to his or her guardian, if there is
Page 99 and 100:
(a) The special sciredule of cornpe
Page 101 and 102:
this part crr othcr rlodifications
Page 103:
What A Federal Employee Should Do W
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Workers - Council of Prison Locals - C-33

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