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. If 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 official 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 Employees' 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 it nor can it assist in the collection of any sum so approved.

(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 insufficient 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]

§ 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

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]

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 service, transportation, etc.

(a) All medical services, appliances, drugs, and supplies which in the opinion

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 information 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.

§ 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.

tion. The physician appointed shall be one not previously connected with the

case.

§ 2.9 Furnishing of orthopedic and prosthetic appliances, and dental work. When an orthopedic or prosthetic appliance, such as an artificial eye or limb, is deemed to be necessary by the attending physician by reason of an injury which has been found by the Bureau to have occurred while in the performance of duty, application therefor may be made to the Bureau, stating the necessity therefor, the approximate cost of such appliance, and a brief description thereof. Applications for repairs to such an appliance furnished by the Bureau will be made in the same manner. Where an artificial denture is necessary in such cases, application therefor may similarly be made.

§ 2.10

Recording and submission of medical reports.

Medical officers, designated physicians, other physicians and hospitals shall keep adequate records of all injury cases treated by them sufficient to supply the Bureau with a history of the employee's accident, the exact description, nature, location and extent of injury, the X-ray findings if X-ray examination has been made, the nature of the treatment rendered, and the degree of impairment arising from the injury. Physicians shall forward to the Bureau full reports with respect to each injury case treated under the provisions of 5 U.S.C. 8103 which results in a charge for treatment or supplies against the Bureau, or involves any loss of time beyond the day, shift, turn or working period during which it occurs. Form CA-16 provides for the furnishing of the initial medical report. Form CA20 is available for submitting subsequent reports in instances where no compensation is claimed. The medical certificates on the back of Forms CA-4 and CA8, as appropriate, are to be utilized in submitting subsequent report in instances where compensation is claimed. These reports shall be forwarded promptly to the Bureau. Detailed supplementary report in narrative form shall be made by the physician at approximately monthly intervals in all cases of serious injury, especially injuries of the head and back, and including all cases requiring hospital

treatment or prolonged care. The supplementary report shall show the date when case was first examined or treated, the patient's complaint, the condition found on examination, the diagnosis, medical opinion as to any relationship between the impairment and the injury alleged, report as to any other impairments found not due to injury, the treatment given or recommended for the injury alleged, the extent of impairment affecting the employment as a result of the injury, the actual degree of loss of active or passive motion of an injured member, the amount of atrophy or deformity in a member, the decrease, if any, in strength, the disturbance of sensation, the prognosis for recovery, and all other material facts. If the services of a specialist are required in the examination or treatment of a beneficiary, a report of his findings upon examination, his diagnosis, his opinion as to the relationship between the impairment and the injury, the medical rationale for his opinion, the treatment recommended by him, a statement of the extent of impairment as a result of the injury and the prognosis shall be forwarded to the Bureau for consideration in conjunction with other reports. The requirement of this section or of any section in this part with respect to the form of medical, dental, hospital or other reports may be waived by the Bureau.

§ 2.11

Submission of bills for medical services, appliances, and supplies.

All charges for medical, hospital, surgical, or other treatment or care of injured employees, supported by medical evidence as provided in § 2.10, shall be itemized on the physician's billhead stationery and shall be forwarded promptly to the Bureau for consideration. Charges may also be submitted at the time of submission of the initial report by completing item 14 on the back of Form CA-16. A separate bill shall be submitted when the employee is discharged from treatment, except when treatment extends for more than 30 days, in which event, bills shall be submitted at the end of each 30-day period..