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a clearly unwarranted invasion of personal privacy. Where feasible, the Bureau shall delete identifying detail to prevent a clearly unwarranted invasion of personal privacy. The requesting organization or individual shall be advised that the information must be held in confidence and that any published reports resulting from such study shall not identify in any way the individuals whose records were examined.
(e) Release to Federal or State courts or other administrative bodies—(1) Procedure. Any officer or employee of the United States who is served with a demand for records or information relating to Federal Employees' Compensation Act matters, the disclosure of which has not been authorized, regardless of whether it may or may not be authorized by this section or Part 70 of Title 29 Code of Federal Regulations, shall promptly, and without awaiting appearance before the court or other authority, communicate through established channels the contents of the demand to the Under Secretary of Labor. Such officer or employee shall await instructions concerning the response to the demand. If it is determined that the demand should be opposed, the U.S. attorney, his assistant or other appropriate legal representative shall be requested respectfully to inform the court or other authority that the Secretary of Labor has instructed the officer or employee to refuse to disclose the records or information sought. II instructions have not been received at the time when the officer or employee is required to appear before the court or other authority in response to the demand, the U.S. attorney, his assistant, or other appropriate legal representative shall be requested to appear with the officer or employee upon whom the demand has been served and request additional time in which to receive such instructions.
(2) Action in event of adverse ruling. If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with subparagraph (1) of this paragraph pending receipt of instructions from the Secretary of Labor, or if the court or other authority rules that the demand must be complied with irrespective of the instructions from the Secretary of Labor not to produce the material or disclose the information sought, the employee upon whom the demand has been made shall respectfully decline to comply
with the demand (United States ex rel Touhy v. Ragen, 340 U.S. 462). This paragraph shall not apply to final decisions requiring production of records pursuant to 5 U.S.C. 552(a) (3), as the foregoing limitations are not intended to preclude compliance with lawful court orders calling for the production of records in connection with civil litigation or criminal proceedings, nor to preclude release of information from records when required by law. (35 F.R. 1286, Jan. 31, 1970) $ 1.23 Waiver not authorized.
No oficial superior is authorized to require an employee to enter into any agreement, either before or after an injury, to waive his right to claim compensation. (Regulations under the United States Em. ployees' Compensation Act, June 1, 1938. Redesignated at 14 FR. 7375, Dec. 9, 1949) & 1.24. Representation of claimants and
approval of claims for legal and other
services. (a) A claimant may be represented before the Bureau in any proceeding under the act by any duly authorized person. (A former member of the Employees' Compensation Appeals Board or a former Director of the Bureau shall not be considered a duly authorized person within the meaning of this section for a period of two years following termination of his services as a Board member or as Directors. The Bureau shall require satisfactory proof of the representative's authorization.
(b) No claim for legal services or for other services rendered in respect of a case, claim, or award for compensation, to or on account of any person shall be valid unless approved by the Bureau. Any person who receives any fee, other consideration, or gratuity on account of services so rendered, unless such fee, consideration or gratuity is approved by the Bureau, or who solicits employment for himself or another in respect of any case, claim, or award for compensation under (or to be brought under) this act shall be guilty of a misdemeanor and upon conviction thereof, for each offense, be punished by a fine of not more than $1,000 or by imprisonment not to exceed one year, or by both such fine and imprisonment. The Bureau cannot pay any claim so approved by nor car assist in the collection approved.
cause he has a dependent as set forth in 5 U.S.C. 8110 such person may receive augmented benefits irrespective of the date of his injury. However, such payments shall not commence prior to November 1, 1949; see $ 1.5.
(e) The amendments with respect to Increasing the rate of compensation are applicable to cases of injury or death which occurred before enactment of these amendments but only with respect to any period beginning the first of November 1949.
(f) Whenever a person is entitled to compensation by virtue of the amendment broadening the scope of the term "employee", such entitlement shall apply to injuries or deaths which occurred on or after December 7, 1941: Provided, however, That no payments for medical expenses or compensation shall be payable for any period prior to November 1, 1949, and shall be limited to cases involving permanent partial or permanent total disability or death; see $ $ 1.4, 1.5 and 1.12. (14 F.R. 7376, Dec. 9, 1949, as amended at 35 F.R. 1286, Jan. 31, 1970]
(c) No fee for services shall be approved except upon an application to the Bureau supported by an itemized statement of the necessary work done on behalf of a claimant. Should such statement be deemed insuficient by the Bureau, further details may be required and the Bureau may require the person for whom such services were rendered to certify to the correctness thereof. Except where it has been established that representation was to be rendered gratuitously, the fee approved by the Bureau shall be reasonably commensurate with the actual necessary work performed by such representative. The Bureau will consider for approval only the necessary services performed by applicant on behalf of the claimant, taking into account the capacity in which the representative has served and the circumstances of the claimant.
(d) The Bureau will not recognize any contract for the payment of an agreed sum, or any contingent contract, with respect to legal or other services rendered in respect of a claim or award for compensation. (14 F.R. 7376, Dec. 9, 1949, as amended at 24 F.R. 1157, Feb. 14, 1959) f 1.25 Retroactive effective dates and
procedures under Federal Employees' Compensation Act Amendments of
1949. (a) The amendments classifying the loss or loss of use of both hands, or both arms, or both feet or both legs or both eyes, or the sight thereof, as prima facie constituting permanent total disability, is applicable to injuries sustained before October 14, 1949, but only with respect to any period of disability beginning on or after the first of November 1949.
(b) The amendments apply retroactively for injuries which occurred on or after January 1, 1940, involving the total loss or loss of use of an arm, leg, hand, foot or eye or total and permanent loss of hearing of both ears or serious disfigurement of the face, head or neck, on or after January 1. 1940.
(c) If an employee has sustained the permanent partial loss or loss of use of an arm, leg, foot, hand, eye or hearing or the total or partial loss or loss of use of any other member of the body on or after October 14, 1948, he is required to make an election as provided in 5 U.S.C. 8116(b)
(d) Whenever a disabled person is entitled to augmented compensation be
PART 2_FURNISHING OF MEDICAL
TREATMENT Sec. 2.1 Medical treatment, hospital service,
transportation, etc. 2.2 Medical treatment. 2.3 Official authorization for treatment. 2.4 Medical treatment for recurrence of
disability. 2.5 Medical treatment in doubtful cases, 2.6 Authority for dental treatment. 2.7 Medical examinations. 2.8 Medical referee examination. 2.9 Furnishing of orthopedic and prosthetic
appliances, and dental work. 2.10 Recording and submission of medical
reports. 2.11 Submission of bills for medical services,
appliances and supplies. 2.12 Reimbursement for medical expenses,
transportation costs, loss of wages,
and incidental expenses. AUTHORITY: The provisions of this Part 2 issued under 5 U.S.C. 8145, 8149; 1946 Reorganization Plan No. 2, sec. 3, 3 CFR, 19431948 Comp., p. 1064; 60 Stat. 1095; 1950 Reorganization Plan No. 19, sec. 1, 3 CFR, 1949–1953 Comp., p. 1010; 64 Stat. 1271.
SOURCE: The provisions of this Part 2 appear at 35 F.R. 1287, Jan. 31, 1970, unless otherwise noted. & 2.1 Medical treatment, hospital sery
ice, transportation, etc. (a) All medical services, appliances, drugs, and supplies which in the opinion
of the Bureau of Employees' Compensation (hereinafter referred to as the Bureau) are necessary for treatment of an injury as provided by 5 U.S.C. 8103 shall be furnished to employees of the United States and to others by law entitled to medical and other benefits, by or upon the order of U.S. medical officers and hospitals, when available and practicable, for injuries sustained while in the performance of duty, including diseases proximately caused by the conditions of employment, whether resulting in loss of time or not, as well as the necessary means of transportation incident to the securing of such services, appliances, drugs and supplies. An injured employee will be furnished transportation or reimbursed for transportation expense, and shall be reimbursed for expenses incident to the securing of services, appliances and supplies necessary in the treatment of a condition the result of injury, when authorized by the Bureau or by his official superior. If there should be no U.S. medical officer or hospital available, medical services shall be furnished by designated private physicians listed in the Bureau's Pamphlet BEC-576. If there is no U.S. medical officer or hospital or designated private physician available, medical services shall be furnished by any qualified local physician. Authorization for prolonged treatment from such a physician shall be obtained from the Bureau. The attending physician may arrange for necessary hospital care at semiprivate rates, unless the nature of the case requires care in a private room, special nursing services (if indicated by the nature of the case), X-ray examinations, and consultations by specialists. In cases of an emergency nature or cases involving unusual circumstances the Bureau may in the exercise of its discretion authorize treatment otherwise than as provided for in this part, or it may approve payment for medical expenses incurred otherwise than as authorized in this part.
(b) The term “physician" as used in this part includes surgeons and osteopathic physicians within the scope of their practice as defined by State law. The term "medical, surgical, and hospital services and supplies" as used in this part includes services and supplies by osteopathic physicians and hospitals within the scope of their practice as defined by State law.
8 2.2 Medical treatment.
In all cases of injury by accident where emergency treatment is necessary, any qualified local physician may render first aid treatment. Further treatment, if necessary, shall be obtained as soon as practicable from a U.S. medical officer or hospital or, if not available, from a local designated physician. It shall be the duty of the official superior to authorize initial adequate medical treatment (except for disease or illness) and thereafter to follow up the matter of such treatment to see that the employee is placed under the care of a U.S. medical officer when available, or a designated physician, for any treatment subsequently needed. If unable to comply promptly with this requirement, the official superior shall communicate immediately with the Bureau for instructions, giving full information as to the nature and cause of the injury and any treatment that has been rendered with respect thereto. $ 2.3 Official authorization for treat
ment. (a) When an employee receives an injury by accident under circumstances entitling him to compensation or medical treatment, his official superior shall issue promptly to him a request for examination and/or treatment on Form CA-16. The employee shall carry the Form CA16, where practical for him to do so, from his place of employment to the medical officer or physician. It is important and emphasized that Form CA-16 is designed solely for use when injury is sustained by accident. In all instances of disease or illness, the official superior shall contact the proper office of the Bureau for instructions on authorizing treatment. In emergency situations, the office should be contacted by telephone.
(b) If the Bureau's office is closed and an emergency exists, the employee should seek medical attention for the disease or illness on an interim basis pending contact with the Bureau's office on the next workday.
(c) Authorization may be given for emergency treatment for injuries by accident prior to the issuance of a Form CA-16, provided that this form is issued within 48 hours thereafter.
$ 2.4 Medical treatment for recurrence
of disability, If an injured employee complains of a recurrence of disability (whether or not he is disabled for work), after having recently been discharged from medical treatment, on account of an injury by accident recognized as compensable by the Bureau, under circumstances from which it may reasonably be inferred that such disability is the result of such injury, and the place of employment is the same as at the time of such injury, the official superior in his discretion may issue a Form CA-16 as provided by $ $ 2.1 and 2.3 provided that not more than 6 months shall have elapsed since the final action of the Bureau upon the case. In any case in which the employee complains of a recurrence of disability with respect to which there may be doubt that the disability is the result of the injury or in any case in which the final action of the Bureau shall have been taken more than 6 months prior to complaint, the official superior shall communicate with the Bureau and request instructions, stating all of the pertinent facts in his communication. In all other cases the employee shall communicate with the Bureau and request such treatment. $ 2.5 Medical treatment in doubtful
cases. Cases of a doubtful nature, so far as compensability is concerned, shall be referred by the official superior to a United States medical officer or hospital, or as otherwise provided in § 2.1, using a Form CA-16 for medical services as indicated in 6B of the form. This authorizes the necessary diagnostic studies and emergency treatment pending receipt of advice from the Bureau. A statement of all pertinent facts relating to the particular case shall also be forwarded immediately to the Bureau for consideration. If the medical examination or other informa. tion received subsequent to the issuance of authorization for treatment discloses that the condition for which treatment was rendered is not due to an injury, the person issuing the authorization shall immediately notify the physician or hospital that no further treatment shall be rendered at the expense of the Bureau. In cases of an emergency or cases involving unusual circumstances, the Bureau may, in the exercise of its dis
cretion, authorize treatment otherwise than as provided for in this part, or it may approve payment for medical expenses incurred otherwise than as authorized in this section. No authority for examination or for medical or other treatment shall be given by the official superior in any case already disallowed by the Bureau. $ 2.6 Authority for dental treatment.
All necessary dental treatment, including repairs to fixed false teeth or to natural teeth, needed to repair damage done by an injury will be obtained from a U.S. medical officer or hospital or, if not available, upon authorization obtained in advance from the Bureau. 8 2.7 Medical examinations.
(a) An injured employee shall be required to submit to examination by a U.S. medical officer or by a designated physician or a qualified physician approved by the Bureau, as frequently and at such times and places as in the opinion of the Bureau may be reasonably necessary. The injured employee may have a qualified physician, paid by him, present at the time of such examination. For any examination required by the Bureau an injured employee shall be paid all expenses incident to such examination which, in the opinion of the Bureau, are necessary and reasonable, including transportation and actual loss of wages incurred in order to submit to the examination authorized by the Bureau.
(b) If the employee refuses to submit himself for or in any way obstructs any examination, his right to claim compensation under said Act shall be suspended until such refusal or obstruction ceases. No compensation shall be payable while such refusal or obstruction continues, and the period of such refusal or obstruction shall be deducted from the period for which compensation is payable to him. § 2.8 Medical referee examination.
If there should be a disagreement between the physician making the examination on the part of the United States and the injured employee's physician, the Bureau shall appoint a third physician, qualified in the appropriate specialty, who shall make an examina
tion. The physician appointed shall be treatment or prolonged care. The supone not previously connected with the plementary report shall show the date case.
when case was first examined or treated,
the patient's complaint, the condition § 2.9 Furnishing of orthopedic and pros
found on examination, the diagnosis, thetic appliances, and dental work.
medical opinion as to any relationship When an orthopedic or prosthetic ap between the impairment and the injury pliance, such as an artificial eye or limb,
alleged, report as to any other impairis deemed to be necessary by the attend
ments found not due to injury, the treating physician by reason of an injury
ment given or recommended for the inwhich has been found by the Bureau to jury alleged, the extent of impairment have occurred while in the performance
affecting the employment as a result of of duty, application therefor may be the injury, the actual degree of loss of made to the Bureau, stating the necessity
active or passive motion of an injured therefor, the approximate cost of such member, the amount of atrophy or deappliance, and a brief description there formity in a member, the decrease, if any, of. Applications for repairs to such an in strength, the disturbance of sensation, appliance furnished by the Bureau will the prognosis for recovery, and all other be made in the same manner. Where an material facts. If the services of a speartificial denture is necessary in such cialist are required in the examination cases, application therefor may similar or treatment of a beneficiary, a report of ly be made.
his findings upon examination, his diag$ 2.10 Recording and submission of
nosis, his opinion as to the relationship
between the impairment and the injury, medical reports.
the medical rationale for his opinion, Medical officers, designated physicians,
the treatment recommended by him, a other physicians and hospitals shall keep statement of the extent of impairment as adequate records of all injury cases a result of the injury and the prognosis treated by them sufficient to supply the shall be forwarded to the Bureau for Bureau with a history of the employee's consideration in conjunction with other accident, the exact description, nature, reports. The requirement of this section location and extent of injury, the X-ray or of any section in this part with respect findings if X-ray examination has been to the form of medical, dental, hospital or made, the nature of the treatment ren
other reports may be waived by the dered, and the degree of impairment aris Bureau. ing from the injury. Physicians shall for
$ 2.11 ward to the Bureau full reports with re
Submission of bills for medical spect to each injury case treated under
services, appliances, and supplies. the provisions of 5 U.S.C. 8103 which re All charges for medical, hospital, sursults in a charge for treatment or sup- gical, or other treatment or care of inplies against the Bureau, or involves any jured employees, supported by medical loss of time beyond the day, shift, turn evidence as provided in $ 2.10. shall be or working period during which it occurs. itemized on the physician's billhead staForm CA-16 provides for the furnishing tionery and shall be forwarded promptly of the initial medical report. Form CA to the Bureau for consideration. Charges 20 is available for submitting subsequent may also be submitted at the time of subreports in instances where no compen- mission of the initial report by completsation is claimed. The medical certifi ing item 14 on the back of Form CA-16. cates on the back of Forms CA-4 and CA- A separate bill shall be submitted when 8, as appropriate, are to be utilized in the employee is discharged from treatsubmitting subsequent report in instances ment, except when treatment extends where compensation is claimed. These re
for more than 30 days, in which event, ports shall be forwarded promptly to the
bills shall be submitted at the end of each Bureau. Detailed supplementary report
30-day period.. in narrative form shall be made by the $2.12 Reimbursement for medical exphysician at approximately monthly in
penses, transportation costs, loss of tervals in all cases of serious injury, wages, and incidental expenses. especially injuries of the head and back, If bills for medical, surgical, nursing, and including all cases requiring hospital dental, or hospital services or supplies,