Code of Federal Regulations: Containing a Codification of Documents of ...

age and incapable of self-support becomes capable of self-support. The compensation of a brother, sister, or grandchild under legal age shall be paid to his or her guardian, if there is one, otherwise to the person having the custody or care of such child, for such child, as the Bureau in its discretion shall determine.

(1) Upon the cessation of any person's compensation for death under this subpart, the compensation of any remaining person entitled to the continuation of compensation in the same case shall be adjusted, so that the continuing compensation shall be at the same rate such person would have received, had no award been made to the person whose compensation was terminated.

(j) In case there are two or more classes of persons entitled to compensation for death under this subpart, and the apportionment of such compensation as above provided would result in injustice, the Bureau may in its discretion modify the apportionments to meet the requirements of the case.

(a) The definitions of terms in the Employees' Compensation Act of September 7, 1916, as amended, shall apply to terms used in this subpart.

(b) The provisions of such act unless modified by this subpart, or unless otherwise inapplicable, shall be applied whenever possible in the application of this subpart.

(c) The provisions of the regulations of the Bureau for the administration of such act of September 7, 1916, as amended (Subchapter A of this chapter), as supplemented from time to time by instructions applicable to this subpart, shall apply in the administration of compensation under this subpart, whenever they can reasonably be applied.

Subpart C-Extensions of Special

Schedule of Compensation

§ 25.21 Republic of the Philippines.

(a) Modified special schedule of compensation. The special schedule of compensation established in Subpart B of this part shall apply, with the modifications or additions specified in paragraphs (b) through (k) of this section, in the Republic of the Philippines, to injury or

death occurring on or after July 1, 1968, with the following limitations:

(1) Temporary disability. Benefits for payments accruing on and after July 1, 1969, for injuries causing temporary disability and which occurred on and after July 1, 1968, shall be payable at the rates in the special schedule as modified in this section.

(2) Permanent disability and death. Benefits for injuries occurring on and after July 1, 1968, which cause permanent disability or death shall be payable at the rates specified in the special schedule as modified in this section for (i) all awards not paid in full before July 1, 1969, and (ii) any award paid in full prior to July 1, 1969: Provided, That application for adjustment is made, and the adjustment will result in additional benefits of at least $10. (In the case of injuries or death occurring on or after Dec. 8, 1941, and prior to July 1, 1968, the special schedule as modified in this section may be applied to prospective awards for permanent disability or death, provided that the monthly and aggregate maximum provisions in effect at the time of injury or death shall prevail. These maxima are $50 and $4,000, respectively.)

(b) Death benefits. 400 weeks' compensation at two-thirds of the weekly wage rate, shared equally by the eligible survivors in the same class.

(c) Death beneficiaries. Benefits are payable to the survivors in the following order of priority (all beneficiaries in the highest applicable class are entitled to share equally):

(1) Widow, dependent widower, and unmarried children under 18, or over 18 and totally incapable of self-support. (2) Dependent parents.

(3) Dependent grandparents.

(4) Dependent grandchildren, brothers and sisters who are unmarried and under 18, or over 18 and totally incapable of self-support.

(d) Burial allowance. Fourteen weeks, wages or $400, whichever is less, payable to the eligible survivor (s), regardless of the actual expense. If there is no eligible survivor, actual burial expenses may be paid or reimbursed, in an amount not to exceed what would be paid to an eligible survivor.

(e) Permanent total disability. 400

weeks' compensation at two-thirds of the weekly wage rate.

(f) Permanent partial disability. Where applicable, the compensation provided in subparagraphs (1) through (19) of paragraph (c) of the special schedule, subject to an aggregate limitation of 400 weeks' compensation. In all other cases, that proportion of the compensation provided for permanent total disability (paragraph (e) of this section) which is equivalent to the degree or percentage of physical impairment caused by the disability.

(g) Temporary partial disability. Two-thirds of the weekly loss of wageearning capacity.

(h) Compensation period for temporary disability. Compensation for temporary disability is payable for a maximum period of 80 weeks.

(i) Maximum compensation. The total aggregate compensation payable in any case, for injury or death or both, shall not exceed $8,000, exclusive of medical costs and burial allowance. The weekly rate of compensation for disability or death shall not exceed $35.

(j) Method of payment. Only compensation for temporary disability shall be payable periodically. Compensation for permanent disability and death shall be payable in full at the time extent of entitlement is established.

(k) Exceptions. The Bureau may in its discretion make exception to these regulations by:

(1) Reapportioning death benefits, for the sake of equity.

(2) Excluding from consideration potential death beneficiaries who are not available to receive payment.

(3) Paying compensation for permanent disability or death on a periodic basis, where this method of payment is considered to be in the best interest of the beneficiary.

[35 F.R. 11124, July 10, 1970]
§ 25.22 Australia.

(a) The special schedule of compensation established by Subpart B of this part shall apply, with the modifications or additions specified in paragraph (b) of this section, as of December 8, 1941, in Australia, is all cases of injury (or death from injury) which occurred between December 8, 1941, and December 31, 1961, inclusive, and shall be applied retrospec

tively in all such cases of injury (or death from injury). Compensation in all such cases pending as of July 15, 1946, shall be readjusted accordingly, with credit taken in the amount of compensation paid prior to such date. Refund of compensation shall not be required if the amount of compensation paid in any such case, otherwise than through fraud, mispresentation, or mistake, and prior to July 15, 1946, exceeds the amount provided for under this paragraph; and such case shall be deemed compromised and paid under 5 U.S.C. 8137.

(b) The total aggregate compensation payable in any case under paragraph (a) of this section, for injury or death or both, shall not exceed the sum of $4,000, exclusive of medical costs. The maximum monthly rate of compensation in any such case shall not exceed the sum of $50.

(c) The benefit amounts payable under the provisions of the Commonwealth Employees' Compensation Act 19301964, Australia, shall apply as of January 1, 1962, in Australia, as the exclusive measure of compensation in cases of injury (or death from injury) occurring on and after January 1, 1962, and shall be applied retrospectively in all such cases occurring on and after such date: Provided, That the compensation payable under the provisions of this paragraph shall in no event exceed that payable under the Federal Employees' Compensation Act.

(5 U.S.C. 8137, 8138, 8145, 8149; Reorganization Plan No. 19 of 1950 (64 Stat. 1271, 3 CFR, 1949-1953 Comp., p. 1010); and General Order No. 46 (Rev.), 24 F.R. 8472) [82 F.R. 10567, July 19, 1967]

§ 25.23

Non-citizen employees of Office of Strategic Services and Strategic Services Unit.

(a) The special schedule of compensation established by Subpart B of this part shall apply, with the modifications or additions specified in paragraph (b) of this section, to non-citizen and nonresident employees of the Office of Strategic Services and Strategic Services Unit, War Department, as of December 7, 1941, and shall be applied retrospectively, in cases of injury (or death from injury) occurring on or after such date. Compensation in all cases pending December 1, 1947, shall be readjusted accordingly,

with credit taken in any amount of compensation paid prior to such date. Refund of compensation shall not be required if the amount of compensation paid in any case, otherwise than through fraud, misrepresentation, or mistake, and prior to December 1, 1947, exceeds the amount provided for under this section; and such case shall be deemed compromised and paid under section 42 of such act of September 7, 1916, as amended.

(b) The total aggregate compensation payable in any case under paragraph (a) of this section for injury or death or both, shall not exceed the sum of $5,000, exclusive of medical costs. The maximum monthly rate of compensation in any case shall not exceed the sum of $50. The compensation of a parent, brother, sister, grandparent or grandchild shall be paid for a period of eight years from the time of death, unless before that time he, if a parent or grandparent, dies, marries, or ceases to be dependent, or, if a brother, sister, or grandchild, dies, marries, or reaches the age of 18 years, or, if over 18 years and incapable of selfsupport, becomes capable of self-support. The commutation of compensation in case of injury shall be made as of the date of the injury, and in case of death, as of the date of death.

§ 25.24 Territory of the Pacific Islands.

(a) The special schedule of compensation established by Subpart B of this part shall apply, with the modifications or additions specified in paragraph (b) of this section, as of July 18, 1947, in the Territory of the Pacific Islands which comprises all of the Mariana Islands except Guam, all of the Caroline Islands including the Island of Palau, and all of the Marshall Islands, and shall be applied retrospectively in cases of injury (or death from injury) occurring on and after such date. Compensation in all cases pending as of February 1, 1951, shall be adjusted accordingly, with credit taken in the amount of compensation paid prior to such date. Refund of compensation shall not be required if the amount of compensation paid in any case, otherwise than through fraud, misrepresentation, or mistake, and prior to February 1, 1951, exceeds the amount provided for under this section; and such case shall be deemed compromised and

paid under section 42 of such act of September 7, 1916, as amended.

[16 FR. 2059, Mar. 5, 1951]

§ 25.25 Republic of Korea.

(1) Temporary disability. Benefits for payments accruing on and after July 1, 1969, for injuries causing temporary disability and which occurred on and after July 1, 1968, shall be payable at the rates specified in the special schedule as modified in this section.

(2) Permanent disability and death. Benefits for injuries occurring on and after July 1, 1968, which cause permanent disability or death shall be payable at rates specified in the special schedule as modified in this section for (i) all awards not paid in full before July 1, 1969, and (ii) any award paid in full prior to July 1, 1969: Provided, That application for adjustment is made, and the adjustment will result in additional benefits of at least $10. (In the case of injury or death occurring on or after Dec. 1, 1954, and prior to July 1, 1968, the special schedule as modified in this section may be applied to prospective awards for permanent disability or death: Provided, That the monthly and aggregate maximum provisions in effect at the time of injury or death shall prevail. These maxima are $50 and $4,000, respectively.)

(b) Death benefits. 400 weeks' compensation at two-thirds of the weekly wage rate, shared equally by the eligible survivors in the same class.

(c) Death beneficiaries. Benefits are payable to the survivor or survivors in the following order of priority: (1) Spouse.

(2) Unmarried children who were supported by or lived with the deceased employee at the time of death.

(3) Parents who were supported by or lived with the deceased employee at the time of death.

(4) Unmarried grandchildren who were supported by or lived with the deceased employee at the time of death.

(5) Grandparents who were supported by or lived with the deceased employee at the time of death.

(6) Unmarried brothers and sisters who were supported by or lived with the deceased employee at the time of death.

(d) Burial allowance. Fourteen weeks' wages or $400, whichever is less, payable to the eligible survivor(s), regardless of the actual expense. If there is no eligible survivor, actual burial expenses may be paid or reimbursed, in an amount not to exceed what would be paid to an eligible survivor.

(e) Permanent total disability. 400 weeks' compensation at two-thirds of the weekly wage rate.

partial disability.

(f) Permanent Where applicable, the compensation provided in subparagraphs (1) through (19) of paragraph (c) of the special schedule, subject to an aggregate limitation of 400 weeks' compensation. In all other cases, that proportion of the compensation provided for permanent total disability (paragraph (e) of this section) which is equivalent to the degree or percentage of physical impairment caused by the disability.

(g) Temporary partial disability. Two-thirds of the weekly loss of wageearning capacity.

(h) Compensation period of temporary disability. Compensation for temporary disability is payable for a maximum period of 80 weeks.

(k) Exceptions. The Bureau may in its discretion make exception to these regulations by:

(1) Reapportioning death benefits, for the sake of equity.

(2) Excluding from consideration potential death beneficiaries who are not available to receive payment.

(3) Paying compensation for permanent disability or death on a periodic basis, where this method of payment is considered to be in the best interest of the beneficiary.

[35 F.R. 11125, July 10, 1970]

§ 25.26 Japanese seamen.

(a) (1) The special schedule of compensation established by Subpart B of this part shall apply, with the modifications or additions specified in paragraphs (b) and (c) of this section, as of June 1, 1965, to injuries sustained outside the continental United States or Canada by direct-hire Japanese seamen who are neither citizens nor residents of the United States or Canada and who are employed by the Military Sea Transportation Service in Japan. Compensation in all cases pending as of June 1, 1965, shall be readjusted accordingly, with credit taken in the amount of compensation paid prior to such date; however, with respect to injuries received on and after April 1, 1966, the provisions of § 25.11(c) shall apply, except that the number of weeks allowed for permanent partial disability under subparagraphs (i) through (xii) of § 25.11(c) shall be changed as follows:

(i) Arm lost, 312 weeks.
(ii) Leg lost, 288 weeks.
(iii) Hand lost, 244 weeks.
(iv) Foot lost, 205 weeks.
(v) Eye lost, 160 weeks.
(vi) Thumb lost, 75 weeks.
(vii) First finger lost, 46 weeks.
(viii) Second finger lost, 30 weeks.
(ix) Third finger lost, 25 weeks.
(x) Fourth finger lost, 15 weeks.
(xi) Great toe lost, 38 weeks.
(xii) Other toes lost, 16 weeks.

(2) Refund of compensation shall not be required if the amount of compensation paid in any case prior to June 1, 1965, otherwise than through fraud, misrepresentation, or mistake, exceeds the amount provided for under this section;

and such case shall be deemed compromised and paid under 5 U.S.C. 8137.

(b) The total compensation payable under paragraph (a) of this section in cases other than those of permanent total disability or death, shall not exceed the sum of $24,000, exclusive of medical costs. The maximum weekly rate of compensation in any case shall not exceed the sum of $70 and the maximum wage on which compensation is calculated shall not exceed $105 a week.

(c) Paragraphs (a) through (j) of § 25.12 shall not be applicable to any case under this section. In lieu thereof, compensation for death shall be as follows:

(1) To the undertaker or other person entitled to reimbursement, reasonable funeral expenses not exceeding the equivalent of 2 months' pay or $800, whichever is lower.

(2) To the widow, if there is no child, 41 per centum of the weekly pay until her death or remarriage.

(3) To the widower, if there is no child and if wholly dependent for support upon the deceased employee at the time of her death, 41% per centum of the weekly pay until his death or remarriage.

(4) To the widow or widower, if there is a child, compensation payable under subparagraph (2) or (3) of this paragraph and, in addition thereto, 10 per centum of weekly wage for each child, not to exceed a total of 663 per centum for such widow or widower and children. If a child has a guardian other than the surviving widow or widower, the compensation payable on account of such child shall be paid to such guardian. The compensation of any child shall cease when he dies, marries, reaches the age of 18 years, or, if over such age and incapable of self-support, becomes capable of self-support.

(5) To the children if there is no widow or widower, 41% per centum of such weekly pay for one child and 10 per centum thereof for each additional child, not to exceed a total of 66% per centum thereof, divided among such children share and share alike. The compensation of each child shall be paid until he dies, marries, reaches the age of 18, or, if over such age and incapable of selfsupport, becomes capable of self-support. The compensation of a child under legal age shall be paid to his or her guardian,

if there is one, otherwise to the person having the custody or care of such child, for such child, as the Bureau in its discretion shall determine.

(6) To the dependent parents, dependent grandparents or dependent grandchildren, 413 per centum of the weekly pay, share and share alike. The compensation to a parent, grandparent, or grandchild shall be paid only if there is no widow, widower or child, but if there is a widow, widower or child entitled to compensation, there shall be paid so much of such percentage for a parent, grandparent, or grandchild, as when added to the total of the percentages for the widow, widower and children, will not exceed a total of 663 per centum of such pay.

(7) If a deceased employee is not survived by an eligible widow, widower, child, parent, grandparent or grandchild, there shall be paid to any other persons who were dependent upon the deceased for support at the time of his death, 50 per centum of the weekly pay for 312 weeks, share and share alike.

(8) The compensation of each beneficiary under subparagraph (6) of this paragraph shall be paid until he, if a parent or grandparent, dies, marries, or ceases to be dependent, and, if a grandchild, dies, marries, reaches the age of 18, or, if over such age and incapable of self-support, becomes capable of selfsupport. The compensation payable under subparagraph (6) or (7) of this paragraph to a beneficiary under legal age shall be paid to his or her guardian, if there is one, otherwise to the person having the custody or care of such child, for such child, as the Bureau in its discretion shall determine.

(9) Upon the cessation of any person's compensation for death under this section, the compensation of any remaining person entitled to the continuation of compensation in the same case shall be adjusted, so that the continuing compensation shall be at the same rate such person would have received, had no award been made to the person whose compensation was terminated.

(10) In case there are two or more classes of persons entitled to compensation for death under this section, and the apportionment of such compensation as above provided would result in injustice,

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