Workers - Council of Prison Locals - C-33

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(a) \\:henever a beneficiau is incarcerated in a State or Federal jail. prisol, penal institution or other corectional facilin due to a State or Federal felonv conr.iction. he or she forfeits all righls .o compensarion benefits during tr.,. p.lJ;;il;;;ution. e benefician''s right to ;ontpensation benefits for the p.noa of his or her incarceration is not restored after sucl incarceration ends- even though pavment of compensatron benefits mav resume. (b) If the beneficiarv has eligible dependents. O\\:CP u'ill pa1' compensationto such dependents at a reduced rate durins the period of his or her incarceraritn. b,r-- appll.ing the percentases or5. Lr.s.c. 8r33(;xr) through (5) to rh.;;;il;;il';r;;; current entitlement rather than to the beneficiarv's monthly.pa1,. (c) If OWCP's decision on entitlement is pending-u'iren the period of incarceration begins. and compensation is due for a period of time prior to such incarceration. pal.ment for that period will only' be macle to the beneficiarl, follor.ving iris or iter release. Subpart B--Filing Notices and Claims; Submitting Er.idence Notices and Claims for Injury, Disease, and Death--Employee or Sun'ir.or,s Actions Sec. 10. 100 Horv and u'hen is a notice of traumatic injury- filed (a) To claim benefits under the FECA. an emplovee who sustains a work-related traumatic injury must give notice of tiie injury in uriting on Form CA-1, which may be obtained from the etnplover or from the Internet at u,a\;'.dol.eor,./dol/esa/owcp.htm. The empiovee must foru'ard this notice to the emplover. Another person. including the employer- ma,u- give nolice of injury on the emplol,ee's behalf. The person sutmitting a notice shall include the Social Security Number (SSN) of rhe injured emplor,ee. (b) For injuries sustained on or aft.r september 7, lg74.a notice of injury must be filed q'ithin three r''ears of the injury. (1-he form contains the necessa.y *o.Or of claim.) The requirements for fiiing notice are further described in 5 U.S.C.8119. Aiso see Sec. 10.105 concernins time requirements for fiiing claims for continuation of pay. (i) If the claim is not filed within three vears" compensation ma1,' still be allowed if notice of injury was given n'ithin 30 dal's or the .-piu1'., had actual knowledge of the injury or death within 30 days afler occurrence. Thii knou'ledge may consist of q,ritten records or verbai notification. .An entrv into an emplovee's medical record may also satisf'' this requirement if it is suffici.n, ro piace the .-pro1 ., o;;;;;;;i ulossrut. work-related injury or disease. (2) OWCP may excuse failure to comply rvith the rhree-year time requirement because of trulv exceptional circumstances (for example. being heid priioner of u,ar). (3) The claimant mav rvithdraw his or her claim (but not the notice of injury) by so requesting in uriting to OWCP at anv time before OWCP determines e5g;Uiiin for benefits. Any continuarion of pav (cop; sranted ro an emplol.ee after a ciaim is u'ithdrau'n must be char{:ed to sick or annual leave- or considlred an overpar.ment of pai, consistent u-irh 5 {l.S.C. 5584. at the emplovee's oprion. (c) I{orvever. in cases of latent disabilitl'. the time for filing claim does not begin ro run untii the emploYee has a compensable disabilirr,and is ar,,are. orreasonablv shouid Page -19-
have been a\^,are. of the causai relationship betrveen the disability and the emplol'ment (see 5 U.S.C. 8122(b))' Sec. i0.101 Horv and when is a notice of occupational disease filed (a) To claim benefits under the FECA. an emplol'ee wh9 has a disease which he or she believes to be u,ork-related must give notice of ihe'condition in r'lriting on Form CA-z' rvhich mav be obtained from the ernplo-ver or from the-lnternet at umrv.dol.gov./doliesa/or,r,cp.htm. The emplo,vee must forrvard this r-rotice to the emplo.ver. Another person. including ttt. .*pto1'.r, may' do so on the empiol'ee's behalf' The person submitting a notice shall includsthe Social Security Number (ssN) of the injured employee. The claimant ma,v withdraw his or her claim (but not the notice of occupational disease) by so requesting in rwiting to OWCP at any time before O\ /CP determines eligibiiity for benefits .-^J ^- ^ .o.,,r+ ^ror. rvork (b) For occupational diseasesustained as a resuit of exposure to tnlunous factors that occurs on or after September 7,1974, a notice of occupational disease must be fiied within three -vears of the onset of the condition. (The form contains the necessarv words of ciaim.) The requirements for timely filing are described in Sec' 10.100(bX1) through (3). (c) I-lonever, iniases of latent disabiliry. tlie time for filing claim does not begin to mn until the employee has a compensable disabiiit-v and is aware' or reasonably should have been aware. oith. causal relationship betu,een the disabiiity arldthe employment (see 5 U.S.C. 8122(b)). Sec. 10.102 How and when is a claim for wage loss compensation filed (a) Form CA-7 is used to claim compensation for periods of disabilitv not covcred bv COP- (1) An employee who is disabled with loss of pay for more than three calendar days due to an injury, or someone acting on his or her behall must file Form CA-7 before compensation can be Paid. (i) fne emplo,vee ,hull .o.plete the front of Form CA-7 and submit the form to the emplol,er for completion and transmission to owcP. 'rhe form should be completed as ,oon u, possible, but no more than 14 calendar days after the date pa1'stops due to the injury or disease. " (:j rne requirements fbr fiiing claims are funher described in 5 u.S'c. 8121' (b) Form CA-8 is used to claim compensation for additional periods of disabilit-v after Form CA-7 is submitted to OWCP. (1) It is the empioyee's responsibiliw to submit Form CA-8. Without receipt of sucir claim. OWCP has no knorvieige of continuing wage loss. Therefore, while disabiiity continues. the emplol'ee should submit a ciaim on Form CA-8 each trvo t'eeks until other*'ise instructed bY OWCP. (2) The emplol,ee ,hull .o.npiete the front of Form CA-8 and submit 1he form to the emplol''er for completion and transmission to OWCP' Page -20-
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 and 18: ate for cerlain persons rlho live i
Page 19: Any requesto amend a record covered
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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