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the control of an injured person, compliance with the limitation provisions of sections 15 to 20, inclusive, of such act of September 7, 1916, as amended, could not have been accomplished within the time therein specified, the Bureau, in its discretion, may waive such limitation provisions. 8 61.5 Claim for death benefits.
(a) For the purpose of compliance with the provisions of sections 18 to 20, inclusive, of such act of September 1, 1916, as amended and modified, claim for compensation for death payable under Title I of such Public Law shall be filed. The Bureau has provided appropriate forms for such purpose (to be sworn to), applicable to the various classes of beneficiaries as specified in such Longshoremen's and Harbor Workers' Compensation Act, made applicable by such Title I, but the rights of a beneficiary shall not be prejudiced because of failure to use such form, provided such beneficiary files claim for such compensation in other suficient manner, containing all material facts showing a right to benefits under such Title I.
(b) Whenever the Bureau shall find that, because of circumstances beyond the control of such beneficiary, compliance with the limitation provisions of sections 18 to 20, inclusive, of such act of September 7, 1916, as amended, could not have been accomplished within the time therein specified, the Bureau, in its discretion, may waive such limitation provisions. § 61.6 Claim for detention benefits.
(a) Pursuant to section 101(b) (1) of Title I of such Public Law, a claim for detention benefits, as provided under such section, is required to be filled by dependents and others entitled thereto. The bureau has provided appropriate forms for such purpose (to be sworn to), applicable to missing persons, and to the several classes of dependents as specified in such Longshoremen's and Harbor Workers' Compensation Act, made applicable by such Title I, but the rights of a beneficiary shall not be prejudiced because of failure to use such form, provided such dependent filles claim for such detention benefits in other suficient manner. The dependent in such case, if an award is made, will be paid detention beneats from the amount accruing as compensation for total disability which
has been credited to the account of the missing person relating to such dependent.
(b) In order to establish the amount of compensation for total disability, to be credited to the account of a person missing as specified in section 101 (b), Title I, of such Public Law, as the amount available for payments to dependents (the balance thereof to be payable to such person upon his return from such absence), the Bureau shall make such inquiry and investigation with respect to the status of such missing person as the circumstances of his case shall require, and thereafter shall determine his status. A determination that an individual has been detained by the enemy may be made on the basis that he has disappeared under circumstances such as to make such detention appear probable. In making such determination the Bureau will consider the information and the conclusion of the Department or agency of the United States having knowledge of the circumstances surrounding the absence of such missing person, as prima facie evidence of the status of such person. Dependents making claim for such detention benefits may be required to submit all evidence available to them relative to the employment status of the missing person and to the circumstances of such absence. The filing of the prescribed notice of injury, claim for compensation for total disability, and forms relating to disability compensation, shall not be required in the cases of missing persons, either on their behalf or by dependents seeking such detention benefits. Administrative determination shall establish the presumptive status of total disability of such missing persons, which shall continue during the period of such absence, or until death is in fact established or can be legally presumed to have occurred. A dependent having knowledge of a change of status of such missing person shall promptly inform the Bureau in writing of such change. The Bureau should be advised in writing, immediately, by such dependent (or on return, by the person who has been absent) if such person is returned to his home, to the place of his employment, or is able to be returned to the jurisdiction of the United States.
(c) In determining the amount of compensation for total disability which shall accrue to the account of missing persons, for the purpose of paying a part thereof to dependents, the provisions in
Title I of such Public Law requiring denial of benefits, deductions, or adjustments (because of receipt of or entitlement to other payments from the United States, directly or indirectly) shall, whenever practicable and equitable, be applied, respectively, (1) to dependents' claims, or (2) to claims by persons returned from such absence who seek payment of the balance of any compensation not disbursed to dependents; that is, whenever practicable and equitable, denial of benefits, deductions and adjustments which are directly applicable to dependents shall be taken into account in adjusting their claims for detention benefits (without regard to such other denials, deductions and adjustments as may directly affect the missing person's right to such compensation), and upon filing of a claim by a person, returned from such absence, for the balance of compensation accrued to his account, only such denials, deductions and adjustments directly affecting his right to compensation will be taken into account.
(d) A claim shall be filed by a person, returned from absence as specified in section 101 (b) of Title I of such Public Law, for the detention benefits accrued to his account. The Bureau has provided an appropriate form for such purpose, which may be had upon application to the Bureau.
(e) Whenever the Bureau shall find that, because of circumstances beyond the control of a dependent or other person entitled to detention benefits under this section, compliance with the time limitation provisions of such act of September 7, 1916, as amended, could not have been accomplished within such time as is therein specified for the filling of claims, the Bureau, in its discretion, may waive such limitation provisions. (Sec. 101 (b) (1), 56 Stat. 1028, as amended; 42 U.S. C. 1701) 8 61.7 Cooperative arrangements; re
ports of injury, death, and detention. (a) In order that the Bureau may have fullest available information with respect to cases involving injury, death, and detention, for which benefits may be paid or provided under Title I of such Public Law, and otherwise to facilitate administration, the Bureau is authorized to enter into agreements or cooperative working arrangements with other agen. cies of the United States or of any State (including the District of Columbia,
Hawaii, Alaska, Puerto Rico, and the Virgin Islands) or political subdivisions thereof, and with other public agencies and private persons, agencies, or institutions, within and without the United States. To the extent that Departments and agencies of the United States, Government contractors, insurance carriers, and others, and the representatives of such, voluntarily cooperate with the Bureau and its representatives by supplying necessary information for the adjustment of claims and otherwise furnish assistance, the formalizing of cooperative working arrangements by written agreements may be avoided. The Bureau will therefore when necessary seek such cooperative working arrangements on such basis as will assure prompt field reports of cases and necessary supplementary information. Formal working agreements will be limited to situations in which cooperative effort is not feasible.
(b) Reports of injury or death should be filed, as provided by $ 61.8, by the employer of the injured or deceased person, or the insurance carrier for such employer. The report of injury may be submitted on Form US-202, the employer's report of injury. This form should be accompanied by Form US-204, attending physician's report, together with the employee's notice of injury and claim for compensation (upon a form which is provided for under these regulations). In case of death, Form US-261, supplemental report of employer in death case, should accompany the other forms. The numbered forms referred to are those formulated by the Bureau for use under the Longshoremen's and Harbor Workers' Compensation Act. In order to avoid confusion with administration of such Longshoremen's Act there should be written or stamped at the top of such forms, in large letters, the words "WarInjury Claim". The employer's report should also contain the symbol or code number of the Government contract involved and reference to the Department or agency making such contract.
(c) Where facilities are established at field locations for the assembling and transmission of reports of injury or death in normal industrial accident cases, reports under these regulations should be sent by employers or insurance carriers to the Bureau or its representative as provided by $ 61.8. These reports may be transmitted through any field representative of a department or agency of the United States handling reports of
injury cases in the particular area. Employers, insurance carriers, and such Government representatives concerned should investigate immediately the circumstances of any reported injury or death where the facts relating to the occurrence of alleged injury or death, or to alleged war-hazard as the cause, are questionable or not fully known to the employer or to such field representative of the United States. A full report of any such investigation should accompany other reports transmitted to the Bureau or its representative. Particular attention in all cases should be given to obtaining and transmitting written statements of available witnesses (with their names and addresses) in every case in which there is likelihood of a claim for compensation for disability or death.
(d) Where an employee specified in section 101 (a), Title I, of such Public Law, is found to be missing, or has been taken by an enemy, or otherwise is absent, as specified in section 101 (b) of such title, the employer should immediately report such absence, with fullest details, to the nearest representative of the United States authorized to receive such report, with the request that such report, together with any supplementary official reports relative thereto, be transmitted promptly to the Department or agency of the United States requiring such reports or having charge over projects or work places. These regulations contemplate that all reports relative to persons absent as specified in section 101. (b) of such title will be received by the Bureau from the Department or agency of the United States concerned, rather than directly from the employers or field representatives of such departments or agencies. Such department and agencies, in transmitting information and reports with respect to such missing persons, if authorized so to do, should state a definite conclusion upon the status of the persons, as the conclusion of the principal Government agency concerned will be accepted by the Bureau as prima facie evidence of the status of such persons for the purpose of providing benefits for detention. In any case of doubt concerning the filling of such reports, the Bureau may be sufficiently advised by the employer or field representative of the Government, and the Bureau in such cases will secure such Information from the proper Government agency as is necessary to determine the status of such persons. All come
pleted case records relating to such missing persons will be filled, and the files maintained, at the principal office of the Bureau at Washington, D. C. To the extent that it is practicable, the processing and adjudication of claims for detention benefits will be made by the Bureau at such principal office. The filing, processing and adjudication of war-risk injury and death claims is provided for by $ 61.9. § 61.8 Filing of reports of injury and
death. (a) Reports of injury and death with respect to war-risk hazards, provided for by 8 61.7, may be filled:
(1) With the deputy commissioner of the Bureau administering the act of August 16, 1941, as amended (referred to in section 101 (a), Title I of such Public Law), or any sub-office of such deputy commissioner, if the injury or death occurred within the compensation district or jurisdictional area of such deputy commissioner.
(2) With such officer or agent of the United States, or other person designated by the Bureau, by administrative order, pursuant to the provisions of section 42 of such act of September 7, 1916 (as amended by the act of July 29, 1942), or pursuant to the provisions of section 106 (b), Title I, of such Public Law, if serving under such designation in the locality in which the employee was employed or the injury occurred.
(3) With the principal office of the Bureau at Washington, D. C., whenever doubt exists as to proper place at which to file such reports.
(b) The Bureau will, whenever practicable, with respect to projects and work places within the purview of Title I of such Public Law, advise the Department or agency of the United States, or the contractor, employer or other person concerned, with respect to the nearest available facility (existing or to be established), as provided for in paragraph (a) of this section, for the filing of such reports. Solo $61.9 Claim filing, processing, and
adjudications. (a) Claims for compensation, for injury or death arising as the result of such war-risk hazards, may be filed as follows:
(1) With the deputy commissioner, or officer or agent of the United States or other designated person, to whom report
of the injury or death has been sent, as provided for by 8 61.8.
(2) With any deputy commissioner of the Bureau under the Longshoremen's end Harbor Workers' Compensation Act, or that act as extended by other acts.
(3) With the principal office of the Bureau at Washington, D. C. Claims filed at places to which reports of injury have not been sent should be transmitted immediately to the proper deputy commissioner, or designated person, as may appear from the claim, or such claims may be sent to the Bureau for further transmission, if doubt exists as to proper filing place.
(b) Claims for detention benefits provided under section 101 (b), Title I, of such Public Law shall be filed with the Bureau at such principal office. Such claims may be filed with any deputy commissioner, or designated person, authorized in paragraph (a) of this section to receive claims for injury or death due to war-risk hazards, and any claims so received shall be deemed and considered as having been filed with the Bureau for the purpose of tolling any time limitation provision applicable to such claims but any such claims so filed shall be transmitted immediately to the Bureau at its principal office for adjudication.
(c) Claims for compensation for such injury or death, and compensation cases, shall be processed as follows:
(1) By deputy commissioners, authorized by $ 61.8 (a) to receive reports of injury or death.
(2) By such officers or agents of the United States, or other designated persons, authorized by $ 61.8 (a) to receive reports of injury or death, to the extent authorized by administrative order or by administrative instructions issued by the Bureau.
(3) By the Bureau at its principal ofice.
The term “processed” as used in this paragraph means:
1. Receiving, assembling, and filling reports of injury and death, medical reports, reports of investigation and other papers relating to cases of injury or death (under such instructions as to numbering of cases, method of filing, disposition, etc. as the Bureau may from time to time prescribe by administrative instructions issued to its authorized representatives);
2. Making of investigations and securing necessary supplementary information in connection with cases or claims for completion
records, such as may be deemed necessary by such representative, or as may be neces
sary to comply with administrative Instructions;
8. Obtaining medical examinations in disability cases where deemed necessary or required by administrative instructions;
4. Arranging for medical, surgical, and hospital services and supplies in the treatment and care of employees in disability cases;
5. Examination and adjustment of claims for compensation in injury and death cases under Title I of such Public Law, and, under administrative Instructions, awarding of compensation;
6. Preparation of vouchers for disbursement of compensation for injury or death, under administrative Instructions;
7. Review of cases for readjustment of compensation in Injury and death cases, and making supplemental awards or adjusto ments, under administrative Instructions.
The authority of deputy commissioners, and other designated persons, referred to under subparagraphs (1) and (2) of this paragraph shall include, without further authorization, authority to act and proceed as stated in clauses 1, 2 and 3, under the above definition of the term “processed".
The authority of deputy commissioners, referred to under subparagraph (1) of this paragraph shall include authority to act and proceed as stated in clauses 1 to 7, inclusive, under such definition of the term “processed”, subject to such administrative instructions as the Bureau may from time to time issue to them.
The authority of officers or agents of the United States, or other designated persons, referred to under subparagraph (2) of this paragraph, with respect to action under clauses 4 to 7, inclusive, will be exercised only as extended by the Bureau in administrative orders issued, respectively, to them.
(d) Authority to process claims as set forth in paragraph (c) of this section may be modified from time to time to expedite administration and payment of claims. The Bureau maintains full and complete authority over the processing of claims, and may from time to time complete such processing at its principal ofice, or direct other and different handling of claims, as in its opinion circumstances may warrant. When any case involving disability or death has been adjudicated and payments are likely to continue at a rate not subject to change, such case may be transferred to the Bureau in accordance with administrative instructions relative to the disposition of such cases.
(e) Cases processed otherwise than by the Bureau at its principal office shall be subject to review and modification, if necessary, by the Bureau, either on its own motion or on application by a party in interest, under such administrative instructions as the Bureau may from time to time issue. Any person aggrieved by the action of a field representative of the Bureau may in writing apply directly to the Bureau at such principal office for such review, stating fully the basis upon which such review is sought.
(f) In all cases where responses to questions upon claim forms, or investigations or inquiries, disclose that the right to compensation may be barred by a provision in Title I or Title II of such Public Law, or a credit, deduction, or adjustment of benefits may be necessary because the claimant has received or is entitled to receive payments from some other source, which are required to be taken into account, payment of compensation shall not be made until the facts in respect thereto have been submitted to the Bureau and advice obtained with respect to the adjudication of such claim.
(g) Reports of injury or death, claims for compensation, and other papers, erroneously filed and not processed may be transferred, without further authority, to the proper representative of the Bureau. Cases which have been processed, as defined, may be transferred from one compensation district to another, or to any designated person referred to in paragraph (c) (2), of this section, after approval of such transfer by the Bureau. Requests for transfer may be made by letter to the Bureau stating the necessity for such transfer. (Sec. 18, 39 Stat. 746; 5 U.S.C. 8121) $ 61.10 Delegation of powers and duties.
(a) Pursuant to the authority contained in section 106 (b), Title I, of such Public Law, the Bureau delegates:
(1) To deputy commissioners of the Bureau, and to persons acting for such deputy commissioners, as referred to in $ 61.8 (a) (1); and
(2) To officers or agents of the United States, or other persons, designated by the Bureau, as referred to in § 61.8 (a) (2), but only to the extent of their authority to act and process claims as set forth in these regulations and in administrative orders; such of its powers and duties as are necessary in the processing of claims for injury or death under such Public Law,
within the meaning of the term "processed” as defined in 61.9. Such delegation includes authority to do all things authorized by such Public Law and the applicable provisions of other laws integrated therewith, to the extent of the authority herein contained. In exercising such powers or performing such duties, the persons or agencies so authorized shall act for and on behalf of the Bureau.
(b) When the exercise of a power or performance of a duty is not clearly within the authority of this section, in advance of the exercise, or performance thereof, advice shall be obtained from the Bureau with respect thereto. § 61.11 Reports by employees and de
pendents. (a) By administrative instructions, the Bureau will designate such reports, and the form thereof, as shall be required of persons entitled to benefits for disability under Title I of such Public Law, such as reports of recurrence or termination of disability, of employment and earnings, and of any other facts materially affecting such person's right to compensation. For the purpose of implementing this regulation the provisions of $$ 1.6, 1.9, 1.10, and 1.11 of this chapter, so far as not inapplicable, shall be applied.
(b) By administrative instructions, the Bureau will designate such reports, and the form thereof, as shall be required of a dependent entitled to detention benefits, or compensation for death, under Title I of such Public Law, such as report of death, claims for continuance of compensation on account of death, report of change of status of beneficiary, and other reports of facts materially affecting the right of such dependent to benefits. For the purpose of implementing this regulation the provisions of $ $ 1.12, 1.14, 1.15, and 1.16 of this chapter, so far as not inapplicable, shall be applied. 8 61.12 Furnishing of medical treat
ment. (a) All medical services, appliances, drugs, and supplies which in the opinion of the Bureau are necessary for the treatment of an injury coming within the purview of section 101 (a), Title I of such Public Law shall be furnished to the same extent, and wherever practicable in the same manner and under the same conditions as are