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with a statement of the reason for such return. An employer, holding a certifi. cate of compliance under an insurance policy which has currently expired, pending the renewal of such insurance need not return such certificate of compliance 11 such expired insurance is promptly
replaced. An employer who has secured renewal of insurance upon the expiration of a policy under said act or whose self-insurance thereunder is reauthorized without a break in the continuity thereof need not return an expired certificate of compliance.
SUBCHAPTER COMPENSATION FOR INJURY, DISABILITY, DEATH,
OR ENEMY DETENTION OF EMPLOYEES OF CONTRACTORS WITH THE UNITED STATES
PART 61-GENERAL ADMINISTRA.
TIVE PROVISIONS Sec. 61.1 General provisions; definitions. 61.2 Deductions from benefits; exclusions. 61.8 Limitations upon benefits. 61.4 Employee's notice of injury and claim. 61.5 Claim for death benefits. 61.6 Claim for detention benefits. 61.7 Cooperative arrangements; reports of
injury, death, and detention. 61.8 Filing of reports of injury and death. 61.9 Claim filing, processing, and adjudica
tions. 61.10 Delegation of powers and duties. 61.11 Reports by employees and dependents. 61.12 Furnishing of medical treatment. 61.13 Medical forms. 61.14 Transportation of recovered bodies of
missing persons. 61.15 Burial expenses. 61.16 Persons authorized to provide prepa
ration of body, transportation and
burial expenses. 61.17 Transportation of persons released
from detention and return of em
ployees. 61.18 Confidential nature of records and
papers relating to injury, death or
detention of employees. 61.19 Inspection of records by interested
party. 61.20 Approval of claims for legal and other
services. 61.21 Assignments; creditors. 61.22 Contracts for service facilities of in
surance carriers. AUTHORITY: The provisions of this part 61 issued under sec. 32, 89 Stat. 749, sec. 106, 66 Stat. 1083; 5 U.S.O. 8146, 8149, 42 0.8.0. 1706, unless otherwise noted.
SOURCE: The provisions of this Part 61 appear at 8 F.R. 5296, Apr. 22, 1943, unless otherwise noted. $61.1 General provisions; definitions
(a) The term “Bureau" as used in this subchapter means the Bureau of Em ployees' Compensation, United States Department of Labor. The said Bureau is the agency which was transferred from
the Federal Security Agency to the United States Department of Labor by Reorganization Plan No. 19 of 1950 (3 CFR, 1949–1953 Comp., p. 1010; 64 Stat. 1271) effective May 24, 1950, the said Bureau having been established in the Federal Security Agency to perform the functions theretofore performed by the United States Employees' Compensation Commission, the latter having been abolished and its functions transferred to the Federal Security Agency by Reorganization Plan No. 2 of 1946 (3 CFR. 1943-1948 Comp., p. 1064; 60 Stat. 1095), effective July 16, 1946. The Bureau is charged with the administration of Public Law No. 784, 77th Congress, entitled "An Act to provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes," approved December 2, 1942. This act, in Title I, provides compensation for injury or death proximately resulting from a war-risk hazard, with respect to the following categories of employees:
(1) Any person employed by a contractor with the United States, if such person is an employee specified in the act of August 16, 1941 (Public Law 208, 77th Congress), as amended, and no compensation is payable with respect to injury or death under such act.
(2) Any person engaged by the United States under a contract for his personal services outside the United States or in Hawaii, Alaska, Puerto Rico, or the Virgin Islands.
(3) Any person employed as a civilian employee of a post-exchange or shipservice store outside the United States or in Hawaii, Alaska, Puerto Rico, or the Virgin Islands.
Compensation and other benefits under such act are provided with respect to injury or death proximately resultIng from a war-risk hazard, as defined
by the act (see paragraph (c) of this section), whether or not the person was at time of injury engaged in the course of his employment. The purpose intended by such act is to provide continuous 24 hour compensation protection with respect to injuries caused by war hazards, except as to certain employees referred to in 3 61.2 (a). Such protection is accomplished by making applicable to such persons the provisions of the act providing compensation for civil employees of the United States, approved September 7, 1916, as amended, except that in determining compensation for disability, the scale of compensation benefits and computation of benefits and the wage base thereof shall be made in accordance with the provisions of sections 6, 8, and 10 of the Longshoremen's and Harbor Workers' Compensation Act, and except that in determining compensation for death, the classes of beneficiaries and the computation of compensation, including the wage basis and payment thereof shall be made in accordance with sections 9 and 10 of such Longshoremen's Act. Where terms relating to beneficiaries used in such section 9 of the Longshoremen's and Harbor Workers' Compensation Act are defined in section 2 of such Longshoremen's Act, such definitions shall apply. Total compensation payable for injury or death may not exceed the limitations specified in section 14 (m) of the Longshoremen's Act as such section may be amended from time to time except as hereinafter set forth in this paragraph. Any amendment to the Longshoremen's Act, the effect of which is to increase the amount of benefits payable for injury or death, shall be applied in the administration of benefits payable under this subchapter as if the amendment had been in effect at the time of occurrence of the particular injury or death, and the compensation (except funeral and burial expenses) in any case determined prior to such amendment shall be adjusted accordingly in respect to the beneficiaries entitled thereto under this subchapter. Any amendment to the Longshoremen's Act, the effect of which is to decrease the amount of benefits payable for injury or death shall not be applied in the administration of benefits payable un der this subchapter if such amendment should reduce the aggregate amount of compensation payable to less than $7,500 in case of disability or less than $7,500 in case of death. Any such max.
imum limitation of compensation payable shall be exclusive of medical costs and funeral and burial expenses. Medical treatment and care will be furnished under applicable sections of such act of September 7, 1916, as amended, and not under section 7 of such Longshoremen's Act.
(b) Under the provisions of such Public Law No. 784, 77th Congress, approved December 2, 1942, if any person within any category specified in paragraph (a) of this section:
(1) Is found to be missing from his place of employment, whether or not such person then actually was engaged in the course of his employment, under circumstances supporting an inference that his absence is due to the belligerent action of an enemy; or
(2) Is known to have been taken by an enemy as prisoner, hostage, or otherwise; or
(3) Is not returned to his home or to the place where he was employed, by reason of the failure of the United States or its contractor to furnish transportation; until such time as he is returned to his home, to the place of his employment, or is able to be returned to the jurisdiction of the United States, such person shall be regarded, for the purpose of paying benefits for detention, as totally disabled. The same benefits as are provided for total disability under the provisions of paragraph (a) of this section shall be credited to his account and be payable to him for the period of such absence or until his death is in fact established or can be legally presumed to have occurred. A part of such compensation for total disability, accruing to such person, may be disbursed during the period of such absence to the dependents of such person, if such dependents reside in the United States or its territories or possessions (including the United States Naval Operating Base, Guantanamo Bay, Cuba, the Canal Zone, and in the Philippine Islands). In determining the monthly benefits which may be paid from the accrued compens&tion for total disability, credited to the account of such person, the provisions of section 9 of the Longshoremen's and Harbor Workers' Compensation Act shall apply, including the designation of classes of beneficiaries and percentages of the missing person's average wages, thereof, or while stored on the premises of the manufacturer or processor); or
(iv) The collision of vessels in convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or
(v) The operation of vessels or aircraft in a zone of hostilities or engaged
as therein provided. The monthly beneAts payable to a dependent from funds accrued to the account of the missing person, shall be in the same amount as would otherwise be payable for the death of such person, as provided by such Longshoremen's Act.
Under the provisions of the act of December 23, 1943 (Public Law 216, 78th Congress, 57 Stat. 626, 42 U. S. C. 1701 (b)) the amount of benefits credited to the account of a person who falls within subparagraphs (1) or (2) of this paragraph, for purposes of this paragraph only, shall be one hundred percent of the average weekly wages of such person subject, however, to other limitations specified in such act; seventy percent of the average weekly wages of such person shall be paid to his dependent or dependents irrespective of the limitations in sections 9 of the Longshoremen's and Harbor Workers' Com. pensation Act, but subject to other limitations in the act of December 23, 1943, concerning distribution and disbursement to dependents. In all cases falling within subparagraphs (1) and (2) of this paragraph, benefits for detention shall accrue from January 1, 1942, unless the beginning of the absence occurred upon a later date, in which event benefits accrue from such later date.
(c) As used in this subchapter:
(1) The term “Bureau" means the Bureau of Employees' Compensation, United States Department of Labor.
(2) The term "contractor with the United States" includes any subcontractor or subordinate subcontractor with respect to the contract of such contractor.
(3) The term “war-risk hazard" means any hazard arising after December 6, 1941, and prior to the end of the present war from:
(1) The discharge of any missile (including liquids and gas) or the use of any weapon, explosive, or other noxious thing by an enemy or in combating an attack or an imagined attack by an enemy; or
(11) Action of the enemy, including rebellion or insurrection against the United States or any of its allies; or
(ill) The discharge or explosion of munitions intended for use in connection with the national war effort (except with respect to any employee of a manufacturer or processor of munitions during the manufacture, or processing
(4) The term “injury" means injury resulting from a war-risk hazard, as defined in this section, whether or not such injury occurred in the course of the person's employment, and includes any disease proximately resulting from such cause.
(5) The term “death” means death proximately caused by injury, as defined in this section.
(6) The terms "compensation", “physician" and "medical, surgical, and hospital services and supplies” shall be construed and applied as defined in such act of September 7, 1916, as amended.
(7) The terms "disability”, “wages", "child”, “grandchild", "brother”, “sister", "parent", "widow", "widower". "adoption" or "adopted”, shall be construed and applied as defined in such Longshoremen's and Harbor Workers' Compensation Act, as amended.
(d) The regulations in Part 1 of this chapter shall not apply under this subchapter, unless made applicable specifically, by reference in this part. (1950 Reorg. Plan No. 19, § 1, 3 CFR, 1949– 1958 Comp., p. 1010; 64 Stat. 1271) [8 F.R. 6296, Apr. 22, 1943, as amended at 16 F.R. 2933, Apr. 4, 1951; 26 F.R. 10795, Nov. 15. 1960] $ 61.2 Deductions from benefits; exclu
sions. (a) The provisions of Title I of such Public Law No. 784, 77th Congress, approved December 2, 1941 (relating to compensation benefits and for injury, death or enemy detention) shall not apply in the case of any person (1) whose residence is at or in the vicinity of the place of his employment, and (2) who is not living there solely by virtue of the exigencies of his employment, unless his injury or death resulting from injury occurs, or his detention begins, while in the course of his employment.
(b) No payment of benefits to any person within any category specified in 8 61.1 (a), or to the dependent of such person, on account of absence as therein specifred, shall be made during any period such person or dependent, respectively,
has received, or may be entitled to re- in lieu of wages, insurance benefits for ceive, any other payment from the United disability or loss of life (other than workStates, either directly or indirectly, be- . men's compensation benefits), and the cause of such absence, unless such per- cost of such wages, payments, or benefits son or dependent refunds or renounces is provided in whole or in part by the such other benefit or payment for the United States, the amount of such wages, period claimed. Every person or de payments, or benefits shall be credited, in pendent filing a claim for benefits on ac such manner as the Bureau shall decount of such absence or detention un termine, against any payments to which der Title I of such Public Law shall state any such person may be found entitled whether or not he has claimed, recovered, under such Title I of such Public Law. or is receiving any payments whatsoever Every person or dependent claiming on account of such absence or detention, benefits for injury, death or detention setting forth the source or sources of such under such Title I shall state whether or payments, the weekly rate of payment, not he has claimed, recovered, received the period or periods during which such or is receiving any such wages, payments, payments have been received, and the or benefits, setting forth the source of place where any claim therefor was filed. such payments, the weekly amount of
(c) No benefits shall be paid or fur payment, the total sum received, and the nished under the provisions of Title I of period covered by all payments received. such Public Law, that is, no compensa Credits shall be applied under this subtion benefits for injury or death, or pay paragraph only where the wages, payment of accrued compensation for tota) ments, or benefits received are items with disability to such persons or their de respect to which the contractor with the pendents on account of such absence or United States is entitled to reimbursedetention, to any person who recovers ment by the United States, or where they or receives workmen's compensation are otherwise reimbursable by the United benefits for the same injury or death States. under any law (other than such Title I) (e) Where a national of a foreign govof the United States, or under the law ofernment is entitled to benefits on acany State, Territory, possession, foreign count of injury or death resulting from country, or other jurisdiction, or benefits a war-risk hazard, under the laws of his in the nature of workmen's compensation native country or any other foreign benefits payable under an agreement ap- country, the benefits provided under such proved or authorized by the United Title I of such Public Law shall not apStates pursuant to which a contractor ply. Every person or dependent claimwith the United States has undertaken ing benefits for injury, death, or detento provide such benefits. Every person tion, under such Title I shall state in his or dependent claiming benefits for in claim thereunder the name of the counjury, death, or detention under Title I of try of which he is a national, and whether such Public Law shall state whether or or not he has claimed, received, or is renot he has claimed, recovered, or is re ceiving, or is entitled to, any benefits on ceiving any payments whatsoever under account of the same injury or death unany workmen's compensation law, or un der the laws of the country of which he der any agreement providing benefits in is a national, or of any other foreign the nature of workmen's compensation country, and where such claim has been benefits, on account of the same injury filed, or may be filed. or death for which benefits are sought in (1) Persons convicted in a court of his claim under Title I of such Public competent jurisdiction of any subverLaw, setting forth in such claim the place sive act against the United States or where such other claim was filed, and the any of its allies, committed after the amounts of payments received, together declaration of the President on May 27, with such information as may be neces 1941, of the national emergency, shall sary to identify (1) the agreement under not, nor shall their beneficiaries, be enwhich payments are made, or (2) the titled to any benefits under Title I of jurisdiction under the law of which such such Public Law. As provided in such payments are made.
Public Law, any person charged with (d) Where any person specified in the commission of such subversive act section 101 (a), Title I of such Public shall have his compensation or other Law (and in 61.1 (a)), or the depend- benefits suspended until such charge is ent, beneficiary, or allottee of such per- disposed of, forfeiting such compensason, receives or claims wages, payments tion or benefits if convicted or dying
prior to such disposition, with removal of forfeiture upon withdrawal or acquittal of such charge. Every person filing claim under Title I of such Public Law shall state whether or not he has been charged with such offense and the disposition of any such charge.
(g) Compensation for disability under this subchapter, except under allowances for scheduled losses of members or functions of the body, shall not be paid in any case in respect to any period of time during which benefits for detention may accrue under this subchapter in the same case. (8 F.R. 6296, Apr. 22, 1948, as amended at 16 F.R. 2983, Apr. 4, 1961) § 61.3 Limitations upon benefits.
(a) Compensation for permanent total or permanent partial disability or for death payable under Title I of such Public Law to persons who are not citizens of the United States and who are not residents of the United States or Canada, shall be in the same amount as provided for residents; except that dependents in any foreign country shall be limited to surviving wife or husband and child or children, or if there be no surviving wife or husband or child or children, to surviving father or mother whom such person has supported, either wholly or in part, for the period of one year immediately prior to the date of the injury; and except that the Bureau, at its option, may commute all future installments of compensation to be paid to such persons by paying to them one-half of the commuted amount of such future installments of compensation as determined by the Bureau. Persons coming within the foregoing provisions, claiming disability benefits, who have left an unrelinquished residence in the United States or Canada to engage in employment within the purview of section 101 (a) of Title I of such Public Law, and who signify an intention to return to such residence, will be regarded as residents of the place at which they had their last permanent residence. The foregoing provisions do not apply to dependents claiming benefits for detention under section 101 (b) of such Public Law; the rights of such dependents are determinable under such section.
(b) In determining benefits for disability or death (including payments to dependents on account of enemy detention), as provided in section 101 of such Public Law, the minimum limit upon
weekly compensation for disability and the minimum limit on the average weekly wages on which death benefits are to be computed, as fixed in section 6 (b) and section 9 (e) of such Longshoremen's and Harbor Workers' Compensa. tion Act, shall not apply.
(c) If at the time a person sustains an injury coming within the purview of Title I of such Public Law, such person is receiving workmen's compensation benefits on account of a prior accident or disease, said person shall not be entitled to any benefits under such Title during the period covered by such workmen's compensation benefits unless the injury from a war-risk hazard increases his disability, and then only to the extent such disability has been so increased. Every person claiming benefits under such Title I shall state whether or not he is receiving or is entitled to receive workmen's compensation benefits from any source for the same condition or cause of disability as to which such claim relates, setting forth suficient reference to such other workmen's compensation law, the nature of the disability for which compensation is paid or payable, the amount of weekly compensation for such disability, and the name of the employer or insurance carrier obligated to him under such other law. This provision is applicable only to disability resulting jointly from two un. related causes, namely, (1) prior industrial accident or disease, and (2) injury from a war-risk hazard. 8 61.4 Employee's notice of injury and
claim. (a) To facilitate compliance with the provisions of sections 15 to 20, inclusive. of such act of September 7, 1916, as amended and modified, notice of injury and claim for compensation for disability payable under Title I of such Public Law may be given simultaneously, whether or not actual or compensable disability exists at time of filing. The Bureau has provided a combined notice of injury and claim form (sworn to by claimant) to be used for such purpose, but no injured person's rights shall be prejudiced because of failure to use such form, provided such person files written notice of injury and claim in other suificient manner, containing all material, facts showing his right under such Title I.
(b) Whenever the Bureau shall find that, because of circumstances beyond