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prescribed in section 9 of such act of September 7, 1916, as amended. All provisions of such act with respect to treatment, medical examinations, and payment of cost of transportation and expenses incident to such treatment or examinations, shall apply in cases of such injury.

(b) The regulations in Part 2 of this chapter, which govern the furnishing of medical treatment under such act of September 7, 1916, as amended, shall in so far as not inapplicable, and to the extent not modified in this section, apply with respect to the administration of paragraph (a) of this section.

(c) Where persons specified in § 61.1 are entitled to or may receive medical, surgical, hospital and other treatment,

atment services, and care either by use of local facilities made available by a depart. ment or agency of the United States, or use of local or other facilities made available by contractors or other employers, such facilities may be used in lieu of the furnishing of such treatment, services and care under the provisions of this section, to the extent that provision has been made therefor. Upon termination of such treatment, services or care, a complete record of the injury and treatment furnished (prepared in the manner prescribed in $ 2.10, of this chapter) should be filled in the same manner as is provided in $8 61.7 and 61.8, so that such report may be included in the file containing the report of injury.

(d) Where medical, surgical or hospital treatment or care is necessary in any case coming within the purview of Title I of such Public Law, and it is not practicable to provide for such treatment or care in a manner consistent with the regulations in Part 2 of this chapter, or where such treatment or care is not otherwise available through use of such facilities as are referred to in paragraph (c) of this section, and in cases of an emergency nature or cases involving unusual circumstances, initial treatment or care may be furnished by the use of such facilities as may be available under the circumstances, and immediate report thereof should be made to the proper deputy commissioner or designated person authorized to receive reports of injury under $ 61.8. Upon receiving such report such deputy commissioner or designated person shall make such further arrangements as may be necessary and as are practicable to have such treat

ment or care continued in conformity with paragraph (b) of this section.

(e) The following, other than the Bureau, without further authorization, have general authority to provide for the fur. nishing of medical, surgical, hospital and other treatment and care, including transportation and expenses thereof and physical examinations, as provided by such act of September 7, 1916, as amended, and under these regulations, provided the case is one within the jurisdiction of, or which has been transferred to, such person for processing:

(1) A deputy commissioner of the Bureau administering the act of August 16, 1941, as amended, or the person acting for the deputy commissioner.

(2) An officer or agent of the United States, or other person, designated by the Bureau, by administrative order, referred to in 8 61.8 (a) (2), if serving under such designation in the locality in which the employee was employed or injury occurred, and if otherwise authorized to arrange for such treatment.

(f) The following, without further authorization, have limited authority to authorize limited medical treatment and care, as provided for by paragraph (d) of this section, pending authorization of further treatment and care by the Bureau or by a person referred to in paragraph (e) of this section:

(1) Any person referred to in Š 61.8.

(2) The employing contractor, subcontractor, or subordinate contractor, or his superintendent in charge or compensation representative, including the representative of the insurance carrier for any such employer.

(3) Any Government field representative, referred to in 8 61.7 (c).

Immediate report of medical treatment or care authorized hereunder should be submitted as provided in 8 61.7 (c), and the physician or hospital furnishing the same should be advised that further treatment or care is subject to authorization, direction and control by an authorized representative of the Bureau provided by this part.

(g) Orthopedic or prosthetic appliances, such as artificial eyes, limbs, or removable denture will be provided only after approval by the Bureau. Section 2.9 of this chapter shall apply with respect to such appliances.

8 61.13 Medical forms.

(a) Persons having general authority under this subchapter to request medical, surgical, hospital, and other treatment or care, will use the forms provided for by Part 2 of this chapter, relating to furnishing of medical treatment under such act of September 7, 1916. These forms will be furnished, or supplied upon request, with administrative instructions relating to their use. There should be written or stamped at the top of such forms, in large letters, the words “War-Injury Claim."

(b) Persons having limited authority under this subchapter to request such treatment and care should use such forms, if available; otherwise, such request may be made by letter, addressed to the person or hospital furnishing the services, of which a copy will be retained and transmitted to the representative of the Bureau to whom report of injury is sent. Such letter should advise the physician as provided in § 61.12 (f). § 61.14 Transportation of recovered

bodies of missing persons. (a) In the case of death of a person coming within the purview of section 101 (b), Title I, of such Public Law, and $ 61.1, while such person is missing or absent as therein specified, and his body is thereafter recovered, the body of such person shall, in the discretion of the Bureau, and if so desired by his next of kin, his near relative, or legal representative, be embalmed and transported in a hermetically sealed casket or other appropriate container to the home of the deceased, or to such other place as may be designated by such next of kin, near relative, or legal representative. In the case of any such person missed from the place of his employment, due to belligerent action of an enemy, or taken by an enemy (as specified in section 101 (b) (1) (A) and (B) of such Public Law), such preparation and transportation may be authorized: Provided, That at the time of death (not resulting from a warrisk hazard) such person had not been repatriated. The term “repatriated” as used in this section, with respect to such person shall be deemed to mean returned to the United States or country of his residence or domicile. A person shall be deemed to have been repatriated within the meaning of this paragraph upon his having returned to continental United States (or Alaska or Canada) if his last

residence or domicile was there, upon his return to the Territory or possession of the United States wherein he last maintained residence or domicile, or upon return to the country (or possession of such country) wherein he last maintained residence or domicile. In case of the death of such person after such repatriation, where death is due to warrisk hazard and occurred away from his home, such preparation and transportation shall be provided and the body shall be delivered to the home of such person or to such other place as may be designated by such next of kin, near relative or legal representative. No expenses may be incurred under this section after transportation and delivery of the body has been accomplished. Funeral or other expenses in connection with burial are not provided for hereunder and are not payable with respect to the disposition of the body of such person, unless the death resulted from war-risk hazard, in which event the provisions of $ 61.15 relating to such expenses are also applicable.

(b) In the case of any such person who 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 (where the furnishing of such transportation was an obligation of the United States or such contractor), and the death of such person occurs away from his home and while thus absent, the provisions of paragraph (a) of this section shall apply, except that such person shall not be deemed to have been repatriated until he has returned to his home or to the place where he was employed. In determining benefits accruing to such person not returned because of such failure of transportation, under the provisions of section 101 (b), Title I, of such Public Law, and § 61.1 (b), such person shall be regarded as totally disabled until the date he has returned to his home or to the place of his employment: Provided, That in the event such person fails, refuses, or neglects to return to his home or to the place of his employment after he has been afforded opportunity to do so, compensation accruing under such section 101 (b), on account of such absence, shall cease to accrue as of the date when he might otherwise have departed for home or place of employment, and should death thereafter occur, the provisions of paragraph (a) of this sec

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tion shall not be applied in his case, (2) Officers or agents of the United unless the Bureau shall find that refusal States, or other person designated by the to return was justified.

Bureau, authorized by $ 61.8 (a) (2) to

receive reports of injury or death, if au§ 61.15 Burial expenses.

thorized by administrative order, and (a) When the death of a person jurisdiction with respect to the case specified in section 101(a), Title I, of otherwise exists under administrative such Public Law, and $ 61.1(a), results order. from an injury proximately caused (3) The Bureau at its principal ofby a war-risk hazard, the Bureau may face. in its discretion pay reasonable burial

(b) Persons authorized under par&expenses in an amount not to exceed graph (a) of this section to provide for $200 as provided by section 9 of such

preparation and transportation of bodies, Longshoremen's and Harbor Work

and payment of burial expenses, will ers' Compensation Act: Provided, That

exercise such authority only in cases of if any part of the burial expense has death from war-risk hazard which arise been paid by any other agency of the within the area in which they represent United States, or by any person under the Bureau. If deaths from such cause obligation to discharge burial expenses, occur within their respective jurisdicpayment hereunder shall not exceed the tions in cases which are subject to procdifference between the amount so paid essing by a representative of the Bureau and $200, if the expense is actually in

in another area, the Bureau's author. curred. Payment will be made (1) di

ized representative in that arca should rect to the undertaker, (2) to the estate be informed immediately in order that of the deceased if the estate is obligated he may give advice with respect to the to make payment, or (3) to any person disposition of the remains; if this is imwho has paid such burial expenses and practicable, the Bureau at its principal is entitled to such reimbursement.

office may be informed directly in order (b) In case of death of such person that it may furnish proper advice. Full whose home is within the United States, information should be given by the repand death resulted from injury proxi resentative seeking such advice, showing mately caused by a war-risk hazard and the basis for the application of such occurred away from his home, or outside benefits in the particular case. In cases the United States, and if so desired by of detained persons, where such cases his relatives, the body shall, in the dis are within the purview of section 101 (b) cretion of the Bureau, pursuant to sec- (1) and (3), Title I, of such Public Law, tion 11 of such act of September 7, 1916, and $ 61.14, authority to incur expense be embalmed and transported in a her for preparation and transportation of metically sealed casket to the home of the bodies is subject to prior approval by the employee, and the reasonable and nec Bureau, which should be requested imessary expenses of such embalming and mediately, and all payments for such transportation shall be in addition to services will be made by the Bureau. the amount, if any, allowed for burial (c) Where circumstances in particuexpenses under paragraph (a) of this

lar cases prevent compliance with the section. The term “United States" as

regulations in this section and prevent used in this paragraph shall mean con

timely receipt of authority to pretinental United States, or any Territory or possession of the United States.

pare or transport remains, and in cases

of an emergency nature, the following, 8 61.16 Persons authorized to provide without further authorization, shall have preparation of body, transportation

authority to incur reasonable and mini. and burial expenses.

mum necessary expenses of embalming (a) Incurring and paying of expenses (or other necessary preparation of refor embalming and transportation of

mains), of providing appropriate conbodies, and funeral and burial expenses, as provided under $8 61.14 and 61.15, is

tainer, and of transportation of the body, authorized with respect to the following:

of any person whose death occurs under (1) Deputy commissioners, and per

circumstances giving rise to the applicasons acting for such deputy commission

tion of the provisions of such Public ers, authorized by $ 61.8 (a) (1) to re Law and these regulations relating to ceive reports of injury or death, if the preparation and transportation of case is within the jurisdiction, for proc- bodies: essing, of such deputy commissioner. (1) Any person referred to in 8 61.8.

(2) The employing contractor, subcontractor, or subordinate contractor, or his superintendent in charge or compensation representative, including the representative of the insurance carrier for any such employer.

(3) Any Government field representative, referred to in 8 61.7 (c).

(d) Immediate report of the services obtained should be made as provided in $ 61.7 (c) to the proper representative of the Bureau in cases of death due to war-risk hazard, and a copy of such report should be transmitted to the Bureau. In cases of deceased detained persons, such report should be made directly to the Bureau at its principal office. Vouchers for direct payment of expenses incurred under this paragraph or for reimbursement of such expenses paid, will be submitted to the Bureau for audit and payment. 8 61.17 Transportation of persons re

leased from detention and return of

employees. (a) Upon application of a person specified in section 101(b), Title I, of such Public Law, and $ 61.1(b), who no longer is in the custody of the enemy, or upon application of someone on behalf of such person, the Bureau may furnish transportation or the cost thereof (including reimbursement) to any such person from the point where his release from custody by the enemy is effected, to his home, the place of his employment, or other place within the jurisdiction of the United States. No transportation, or the cost thereof, shall be furnished where such person is furnished such transportation, or the cost thereof, under any agreement with his employer or under any other provision of law.

(b) Applications for such transportation, or authority to incur expense therefor (to be paid by reimbursement), shall be made directly to the Bureau at its principal ofice, or may be transmitted to the Bureau for the applicant by any person referred to in § 61.8, any Govern. ment contractor, subcontractor, or subordinate contractor, or any oficer or employee of the United States, or Government field representative. Such applications shall set forth the full name of the person for whom such transportation is sought, together with his home address and his local address at which communications sent to him may be received (if application is made on be

half of such person, the application should also state the full name, address and relationship of the individual applying); the name, and address of the employer of such person; the symbol or code number of the contract under which the employee was employed, if known; the date, place, and circumstances of capture or detention, and the date, place and circumstances of release; the present physical condition of such person and whether he is able to return to work, and a statement whether transportation or the cost thereof has been claimed or received under any agreement with his employer or under any other provision of law. Such application should be sworn to before any person authorized to administer oaths. The applicant is required to state in the application the place to which transportation is sought and to identify such place, such as his home, the place of his employment, etc. Transportation authorized under this section and necessary subsistence en route (if not included in the price of passage), so far as practicable shall conform with and be subject to the Standardized Government Travel Regulations, and shall conform with such administrative instrucform with such adminis tions as the Bureau may from time to time issue with respect thereto.

(c) Transportation, or the cost thereof, may be furnished under this section to such person as follows: (1) to the place of actual employment or work, if missing from such place, and if physical condition permits reemployment and such employment is available; or (2) if return to such work place or place of employment cannot be accomplished: (i) to the home of such persons, (ii) to the place where he was employed, or (iii) to any place designated in the application if the costs incident to transportation to such place do not exceed the cost of transportation to the person's home or place where he was employed.

(d) Where an employee 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 (where the furnishing of such transportation was an obligation of the United States or such contractor) and where no detention by an enemy is involved, such employee may apply to the Bureau for transportation, subject to the provisions of this section. (Sec. 101, 56 Stat. 1028; 42 U. 8. C. 1701)

$61.18 Confidential nature of records

and papers relating to injury, death

or detention of employees. (a) All records, medical and other reports, statements of witnesses, and other papers relating to the disability, death, or detention of any persons coming within the purview of Title I of such Public Law, are the official records of the Bureau and are not records of the agency, establishment, Government department, employer, or any individual making or having the care of such records. Such records and papers pertaining to any such injury, death, or detention are confidential and no official or employee of the United States, or other person, who has investigated or secured statements from witnesses and others pertaining to any case within the purview of Title I of such Public Law, or any person having the care or use of such records and papers, shall disclose information from or pertaining to such records to any person, except upon written approval of the Bureau, or except as otherwise provided for by these regulations.

(b) Any person having any such record or paper shall assume no control over same nor shall such person be vested with any discretion relative to the production of same in court, as such discretion shall remain in the Bureau to whose business such records appertain. Any such person is prohibited from presenting such records or information in court, whether in answer to a subpoena duces tecum or otherwise. When a subpoena shall have been served upon such person, he shall appear in court and respectfully decline to present such records or papers or to divulge the information called for, basing his refusal upon this regulation and upon the fact that such person is not the custodian of such records or papers.

(c) Information with respect to any matter necessary for the oficial purpose of any department, agency, or other establishment of the United States may be disclosed upon a showing that the information will be used exclusively for such oficial purpose. $61.19 Inspection of records by inter

ested party. Any party in interest may be permitted to examine the record of the case in which he is such party. The Bureau or its duly authorized representative shall be the judge of the reasonableness of any such request, and may, in its or his

discretion, permit inspection of such record or part thereof which will not result in damage or harm to any person, or which will not be inimical to the interests of the Bureau or the interests or safety of the United States. Original records shall not be removed for such purpose from the ofice wherein they are kept. § 61.20 Approval of claims for legal and

other services. (a) No claim for legal services or for any other services rendered in respect of a claim or award for compensation under Title I, of such Public Law, to or on account of any person shall be valid unless approved by the Bureau or its duly authorized representative; and any claim so approved shall in the manner and to the extent fixed by the Bureau or its duly authorized representative, be paid out of the compensation payable to the claimant; and any person who receives any fee, other consideration, or any gratuity on account of services so rendered, unless such consideration or gratuity is so approved, or who solicits employment for another person or for himself in respect of any claim or award for compensation under such Title I shall be liable upon conviction for such offense to the penalty provided in section 204, Title II, of such Public Law.

(b) Persons representing the Bureau, who are authorized to process claims under clauses 1 to 7, inclusive, of the term "processed” as defined in § 61.9, are without further authorization, authorized to approve reasonable fees for services under this section.

(c) No contract for a stipulated fee or for a fee on a contingent basis will be recognized, and no fee for services shall be approved except upon application for such approval, supported by a suficient statement of the extent and character of the necessary work done on behalf of the beneficiary. Except where the beneficiary was advised that such representation would be rendered on a gratuitous basis, the fee approved shall be reasonably commensurate with the actual necessary work performed by such representative, with due regard to the capacity in which the representative appeared, the amount of compensation involved, and the circumstances of the beneficiary. 8 61.21 Assignments; creditors.

The right of any person to benefits under this subchapter and the applicable provisions of Title I of such Public

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