« PreviousContinue »
CHAPTER EBUREAU OF EMPLOYEES'
Cross REFERENCE: Employees' and employers' taxes under Federal Insurance Contributions Act and Excise tax on employers under Federal Unemployment Tax Act: See Internal Revenue, 26 CFR Part 31.
Claims for compensation and administrative procedure.
SUBCHAPTER C-LONGSHOREMEN'S AND HARBOR WORKERS'
SUBCHAPTER D-DISTRICT OF COLUMBIA WORKMEN'S COMPENSATION
General administrative provisions.
SUBCHAPTER E-EXTENSION OF THE LONGSHOREMEN’S AND HARBOR
WORKERS' COMPENSATION ACT TO PERSONS ENGAGED IN EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES
SUBCHAPTER F-COMPENSATION FOR IN JURY, DISABILITY, DEATH, OR
ENEMY DETENTION OF EMPLOYEES OF CONTRACTORS WITH THE UNITED STATES
General administrative provisions.
SUBCHAPTER COMPENSATION FOR IN JURY, DISABILITY OR DEATH OF
CIVILIAN AMERICAN CITIZENS INCURRED WHILE DETAINED BY OR IN HIDING FROM THE IMPERIAL JAPANESE GOVERNMENT
SUBCHAPTER H-EXTENSION OF THE LONGSHOREMEN'S AND HARBOR
WORKERS' COMPENSATION ACT TO PERSONS EMPLOYED IN CERTAIN OPERATIONS CONDUCTED ON THE OUTER CONTINENTAL SHELF
General administrative provisions.
SUBCHAPTER APPLICATION OF THE LONGSHOREMEN'S AND HARBOR
WORKERS' COMPENSATION ACT TO CIVILIAN EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES OF THE ARMED FORCES
PART 01-STATEMENT OF
PROCEDURES Subpart A Federal Employees' Compensation
Sec. 01.1 Processing of claims. 01.2 Review by the Bureau. 01.3 Review by Employees' Compensation
Appeals Board. 01.4 Request for a hearing. 01.5 Time and place of hearing; prehearing
conference 01.6 Conduct of hearing. 01.7 Termination of hearing; decision; re
view of decision. 01.8 Withdrawal of request for hearing;
abandonment. Subpart B-Longshoremen's and Harbor Work
ers' Compensation Act 01.11 Processing of claims. 01.12 Review of decisions. 01.13 Forms. Subpart C-District of Columbia Workmen's
Compensation Act 01.21 Processing of claims. 01.22 Review of decisions. 01.23 Forms.
Subpart D-Defense Bases Act 01.31 Processing of claims. 01.32 Review of decisions. 01.33 Forms. Subpart E-Disability, Death and Detention
Benefits; Employees of Contractors 01.41 General procedures. 01.42 Forms.
Subpart Reimbursable Insurance Claims 01.51 General procedures. 01.52 Form. Subpart G-Compensation for Injury, Disability
or Death of Civilian American Citizens Incurred While Detained By or in Hiding From the
Imperial Japanese Government 01.61 General procedures. 01.62 Forms. Subpart H-Outer Continental Shelf Lands Act 01.71 Processing of claims. 01.72 Review of decisions. 01.73 Forms. Subpart 1-Compensation for Civilian Employees
of Nonappropriated Fund Instrumentalities 01.81 Processing of claims. 01.82 Review of decisions. 41.83 Forms.
HORITY: The provisions of this part ad under sec. 32, 39 Stat. 749, as 5 U.S.C. 8145, 8149; 1946 Reorg.
$ 3, 8 CFR, 1943–1948 Comp.,
P. 1064; 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, 3 CFR, 1949–1953 Comp., p. 1010, 64 Stat. 1271; sec. 39, 44 Stat. 1242; 83 U.S.C. 939, unless as otherwise noted. Subpart A-Federal Employees'
Compensation Act AUTHORITY: The provisions of this Subpart A issued under 80 Stat. 545, 553, 555; 5 U.S.C. 8124, 8128, 8145, 8149; 80 Stat. 2552 Reorganization Plan No. 19 of 1950, 64 Stat. 1271; 15 F.R. 3178. General Order No. 46 (Revised), 24 F.R. 3472.
SOURCE: The provisions of this Subpart A appear at 32 F.R. 6273, Apr. 21, 1967, unless otherwise noted. § 01.1 Processing of claims.
(a) Claims for compensation for disability and death are processed by claims examiners of the Bureau of Employees' Compensation, U.S. Department of Labor, whose duty it is to apply the law to the facts as reported, received, or obtained upon investigation. The Federal Employees' Compensation Act, as amended, requires determination of a claim, with findings of fact and a decision for or against the payment of compensation, upon consideration of the claim presented by the claimant, the report by his immediate superior, and the completion of such investigation as the Bureau may deem necessary. There is no required procedure for the production of evidence, and evidence in written form is accepted. The final authority in the Bureau in the determination of a claim is vested in the Director or Acting Director of the Bureau. The decision shall contain findings of fact and a statement of reasons. A copy of the decision, together with information as to the right to a hearing, to a review, and to an appeal to the Employees' Compensation Appeals Board, shall be mailed to the claimant at his last known address.
(b) For the purpose of this Chapter I, the “Federal Employees' Compensation Act” includes all laws providing or extending the protection of the Federal Employees' Compensation Act to employees described in § 1.1(c) of this chapter. See also 5 U.S.C. Chapter 81 which codifies the Federal Employees' Compensation Act and its extensions. [35 F.R. 1284, Jan. 31, 1970] 8 01.2 Review by the Bureau.
An award for or against the payment of compensation may be reviewed by the Bureau at any time, on its own motion or on application of the claimant. No formal application for review is required, but a written request for review, stating reasons why the decision should be changed, is necessary to invoke action. Such request shall be made to the Director, Bureau of Employees' Compensation, U.S. Department of Labor, Washington, D.C. 20211. $ 01.3 Review by Employees' Compen
sation Appeals Board. Final decisions of the Bureau are subject to review by the Employees' Com pensation Appeals Board, U.S. Department of Labor, under the rules of procedure set forth in Part 501 of this title. § 01.4 Request for a hearing.
Prior to any review under g 01.2, any claimant for compensation not satisfied with a decision of the Bureau shall, upon written request made within 30 days after the date of issuance of such decision, be afforded an opportunity for a hearing before a Bureau representative designated by the Director or Acting Director of the Bureau. The request for hearing shall be made to the Director, Bureau of Employees' Compensation, Department of Labor, Washington, D.C. 20211. At such hearing, the claimant shall be afforded an opportunity to present evidence in further support of his claim. 8 01.5 Time and place of hearing; pre.. hearing conference.
The Bureau representative shall set the time and place of the hearing, and shall mail written notice thereof to the claimant at least 10 days prior to the hearing. The hearing will, when practicable, be set at a time and place convenient for the claimant. The Bureau representative may, and when so requested by the claimant shall, afford the claimant a prehearing conference to clarify the issues in his claim and, when necessary, shall postpone the hearing for this purpose. Request for such conference may be made to the Bureau representative orally or in writing. 8 01.6 Conduct of hearing.
In conducting the hearing, the Bureau representative shall not be bound by common law or statutory rules of evidence, by technical or formal rules of
procedure, or by section 5 of the Administrative Procedure Act, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose he shall receive such relevant evidence as may be adduced by the claimant and shall, in addition, receive such other evidence as he may determine to be necessary or useful in evaluating the claim. Evidence may be presented orally or in the form of written statements and exhibits. The hearing shall be recorded, and the original of the complete transcript shall be made a part of the claims record. & 01.7 Termination of hearing; deci
sion; review of decision. The Bureau representative shall fix the time within which he will receive evidence, and shall terminate the hearing by mailing a copy of his tentative decision, setting forth the basis therefor, to the claimant at his last known address. Such tentative decision shall become the final decision unless revised within 30 days. A copy of any revision of the tentative decision, setting forth the basis therefor, shall be mailed to the claimant at his last known address within such 30-day period. The provisions for review in $8 01.2 and 01.3 are applicable to such final decision. 3 $ 01.8 Withdrawal of request for hear
ing; abandonment. A claimant may withdraw his request for a hearing at any time prior to the mailing of the decision, by written notice to the Bureau representative so stating, or by orally so stating at the hearing. A claimant shall be deemed to have abandoned his request for a hearing if he fails to appear at the time and place set for the hearing and does not, within 10 days after the time set for the hearing, show good cause for such failure to appear. Subpart B-Longshoremen's and Har
bor Workers' Compensation Act SOURCE: The provisions of this Subpart B appear at 11 F.R. 177A-525, Sept. 11, 1946, unless otherwise noted. Redesignated at 18 F.R. 7668, Dec. 10, 1948. 8 01.11 Processing of claims.
(a) The deputy commissioners adjudicate claims under the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 919), in compensation