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CHAPTER OFFICE OF WORKERS'
COMPENSATION PROGRAMS,

DEPARTMENT OF LABOR

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.

SUBCHAPTER A-ORGANIZATION AND PROCEDURES

Part

Page Performance of functions under this chapter........ 4 SUBCHAPTER B-FEDERAL EMPLOYEES' COMPENSATION ACT 10 Claims for compensation under the Federal Em

ployees' Compensation Act, as amended .............. 6 Compensation for disability and death of noncitizen Federal employees outside the United States...........

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25

SUBCHAPTERS C-E (RESERVED]

SUBCHAPTER F_COMPENSATION FOR INJURY, DISABILITY, DEATH, OR ENEMY DETENTION OF EMPLOYEES OF CONTRACTORS WITH THE UNITED STATES

61

........

46

62

General administrative provisions ......
Reimbursement of employers, insurance carriers,

or compensation funds ..........

SUBCHAPTER G-COMPENSATION FOR INJURY, DISABILITY OR DEATH OF CIVILIAN AMERICAN CITIZENS INCÚRRED WHILE DETAINED BY OR IN HIDING FROM THE IMPERIAL JAPANESE GOV. ERNMENT

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SUBCHAPTER A-ORGANIZATION AND PROCEDURES

PART 1-PERFORMANCE OF FUNCTIONS UNDER THIS CHAPTER

Sec. 1.1 Establishment of the Office of Work

ers' Compensation Programs. 1.2 Assignment of functions. 1.3 Rules in this chapter. 1.4 Cross-references. 1.5 Abolition of Bureau of Employees'

Compensation. 1.6 Historical background.

AUTHORITY: (5 U.S.C. 301), Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; (5 U.S.C. 8145, 8149); Secretary of Labor's Order No. 13-71, 36 FR 8155; Employment Standards Order No. 2-74, 39 FR 34722.

SOURCE: 40 FR 6876, Feb. 14, 1975, unless otherwise noted.

(d) Longshoremen's and Harbor Workers' Compensation Act (LHWCA), (33 U.S.C. 901 et seq.), except 921 as it applies to the Benefits Review Board.

(e) District of Columbia Workmen's Compensation Act (DCWCA) (36 D.C. Code 501 et seq.).

(f) Defense Base Act (DBA) (42 U.S.C. 1651 et seq.).

(g) Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1331).

(h) Nonappropriated Fund Instrumentalities Act (NFIA) (5 U.S.C. 8171 et seq.).

(i) Title IV of the Federal Coal Mine Health and Safety Act (FCMHSA), 83 Stat. 742, as amended by the Black Lung Benefits Act of 1972 (BLBA) (30 U.S.C. 901 et seq.).

$ 1.3 Rules in this chapter.

The rules in this chapter are those governing the OWCP functions under the Federal Employees' Compensation Act, the War Hazards Compensation Act, and the War Claims Act.

$ 1.1 Establishment of the Office of Work

ers' Compensation Programs. The Assistant Secretary of Labor for Employment Standards, by authority vested in him by the Secretary of Labor in Secretary's Order No. 13-71, 36 FR 8755, established in the Employment Standards Administration (ESA) an Office of Workers' Compensation Programs (OWCP) by Employment tandards Order No. 2-74, 39 FR 34722. The Assistant Secretary has further designated as the head thereof a Director who, under the general supervision of the Assistant Secretary, shall administer the programs signed to that Office by the Assistant Secretary.

as

§ 1.2 Assignment of functions.

By Employment Standards Order No. 2-74, 39 FR 34722, the Assistant Secretary has delegated authority and assigned responsibility to the Director, OWCP, for the Department of Labor's programs under the following statutes:

(a) Federal Employees' Compensation Act (FECA), (5 U.S.C. 8101 et seq.), except 8149 as it applies to the Employees' Compensation Appeals Board.

(b) War Hazards Compensation Act (WHCA), (42 U.S.C. 1701 et seq.).

(c) War Claims Act (WCA), (50 U.S.C. App. 2003).

$ 1.4 Cross-references.

(a) The rules of the OWCP governing its functions under the Longshoremen's and Harbor Workers' Compensation Act and its extensions, the District of Columbia Workmen's Compensation Act, Defense Base Act, Outer Continental Shelf Lands Act, and Nonappropriated Fund Instrumentalities Act are set forth in Subchapter A of Chapter VI of this title.

(b) The rules of the OWCP governing its functions under the Black Lung Benefits Act program are set forth in Subchapter B of Chapter VI of this title.

(c) The rules and regulations of the Employees' Compensation Appeals Board are set forth in Chapter IV of this title.

(d) The rules and regulations of the Benefits Review Board are set forth in Chapter VII of this title. $ 1.5 Abolition of Bureau of Employees'

Compensation. By Secretary of Labor's Order issued September 23, 1974, 39 FR 34723, issued concurrently with Employment Standards Order 2-74, 39 FR 34722, the Secretary revoked the prior Secretary's Order No. 18-67, 32 FR 12979, which had delegated authority and assigned responsibility for the various workers' compensation programs enumerated in $ 1.2, except the Black Lung Benefits Act program not then in existence, to the Director of the former Bureau of Employees' Compensation.

$ 1.6 Historical background.

(a) Administration of the Federal Employees' Compensation Act and the Longshoremen's and Harbor Workers' Compensation Act was initially vested in an independent establishment known as the U.S. Employees' Compensation Commission. By Reorganization Plan No. 2 of 1946 (3 CFR 19431949 Comp., p. 1064; 60 Stat. 1095, effective July 16, 1946), the Commission was abolished and its functions were transferred to the Federal Security Agency to be performed by a newly created Bureau of Employees' Com

pensation within such Agency. By Reorganization Plan No. 19 of 1950 (15 FR 3178, 64 Stat. 1263) said Bureau was transferred to the Department of Labor, and the authority formerly vested in the Administrator, Federal Security Agency, was vested in the Secretary of Labor. By Reorganization Plan No. 6 of 1950 (15 FR 3174, 64 Stat. 1263), the Secretary of Labor was authorized to make from time to time such provisions as he shall deem appropriate, authorizing the performance of any of his functions by any other officer, agency, or employee of the Department of Labor.

(b) In 1972 two separate organizational units were established within the Bureau: an Office of Workmen's Compensation Programs (37 FR 20533) and an Office of Federal Employees' Compensation (37 FR 22979). In 1974 these two units were abolished and one organizational unit, the Office of Workers' Compensation Programs (OWCP), was established in lieu of the Bureau of Employees' Compensation (39 FR 34722).

SUBCHAPTER B FEDERAL EMPLOYEES' COMPENSATION ACT

TERMINATION AND CONTINUATION OF

ELIGIBILITY

PART 10—CLAIMS FOR COMPENSA

TION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED

Subpart A-General Provisions

INTRODUCTION

Sec. 10.1 Statutory provisions. 10.2 Administration of the Act and this

chapter. 10.3 Purpose and scope of this part. 10.4 Applicability of other parts within

this chapter. 10.5 Definitions and use of terms.

Sec. 10.120 Report of termination of disability

or return to work. 10.121 Recurrence of disability for work. 10.122 Claims for continued compensation

for disability. 10.123 Employee's obligation to return to

work or to seek work when able. 10.124 Continuance of compensation on ac

count of death. 10.125 Termination of right to compensa

tion for death. 10.126 Change in status of beneficiaries af

fecting compensation for death.

INFORMATION IN PROGRAM RECORDS 10.10 Custody of records relating to Feder

al Employees' Compensation Act mat

ters. 10.11 Inspection and copying of records.

MISCELLANEOUS PROVISIONS 10.20 Forms. 10.21 Waiver of compensation rights inval

id. 10.22 Exclusiveness of remedy. 10.23 Penalties.

DETERMINATIONS OF CLAIMS, HEARING AND

REVIEW PROCEDURES 10.130 Processing of claims. 10.131 Request for a hearing. 10.132 Time and place of hearing; prehear

ing conference. 10.133 Conduct of hearing. 10.134 Termination of hearing; decision;

review of decision. 10.135 Withdrawal of request for hearing;

abandonment. 10.136 Review of decision. 10.137 Review by Employees' Compensa

tion Appeals Board. 10.138 (Reserved) 10.139 (Reserved) 10.140 Participation in claims process by

employing agency. 10.141 Representation of the Director. 10.142 Representation of claimants. 10.143 Qualification of representative. 10.144 Authority of representative. 10.145 Fees for services. 10.146 (Reserved) 10.147 (Reserved) 10.148 (Reserved) 10.149 (Reserved) 10.150 Statement relative to substantive

rules.

Subpart B-Notice of Injury and Claim for Compensation, Administrative Procedures

NOTICE OF INJURY OR DEATH 10.100 How to file a notice of injury. 10.101 Report of death. 10.102 When a notice of injury or report of

death must be given. 10.103 Report of injury by official superior

and physician.

Subpart C—Continuation of Pay

GENERAL

10.200 Statutory provisions.

CLAIMS FOR COMPENSATION 10.105 Time for perfecting a claim for com

pensation. 10.106 How to file a claim for disability

compensation. 10.107 Application for augmented compen

sation for disability. 10.108 How to file an original claim for

death benefits. 10.109 Claims for balance of schedule due at death from other causes.

EVIDENCE 10.110 Affidavit or report by employee of

employment and earnings. 10.111 Submission of other evidence.

PROCEDURES 10.201 Right to continuation of pay. 10.202 Controversion by employing agency. 10.203 Manner of controversion. 10.204 Termination of continuation of pay. 10.205 Regular pay defined. 10.206 Agency accounting and reporting of

continuation of pay.

OFFICIAL SUPERIOR'S AND BENEFICIARIES'

RESPONSIBILITIES Sec. 10.207 Official superior's responsibility in

continuation of pay case. 10.208 Recurrence of disability, 10.209 Employee's responsibilities in con

tinuation of pay cises. 10.210 Election of annual or sick leave.

Sec. 10.502 Refusal to assign or prosecute claim

when required; effect. 10.503 Distribution of damages recovered

by beneficiary. 10.504 Distribution of damages where

cause of action is assigned. 10.505 Office may require beneficiary to

settle or compromise third party suit. AUTHORITY: (5 U.S.C. 301); Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263: (5 U.S.C. 8145. 8149); Secretary of Labor's Order No. 13-71, 36 FR 8155; Employment Standards Order No. 2-74, 39 FR 34722.

SOURCE: 40 FR 6877, Feb. 14, 1975, unless otherwise noted.

Subpart A-General Provisions

Subpart D-Payment of Compensation

COMPENSATION RATES 10.300 Maximum and minimum compensa

tion. 10.301 Temporary total disability rate. 10.302 Permanent total disability rate. 10.303 Partial disability rate. 10.304 Schedule compensation rate. 10.305 Death benefit rates, conditions of

eligibility. 10.306 Burial and transportation benefits.

ADJUSTMENTS TO BENEFITS 10.310 Buy back of annual or sick leave. 10.311 Lump sum awards. 10.312 Assignment of claim, claims of

creditors. 10.313 Dual benefits. 10.314 Overpayments.

Subpart E-furnishing Medical Treatment 10.400 Medical treatment, hospital serv

ices, transportation, etc. 10.401 Physician and medical services, etc.,

defined. 10.402 Official authorization for treat

ment. 10.403 Emergency treatment. 10.404 Medical treatment for recurrence of

disability. 10.405 Medical treatment in doubtful

cases. 10.406 Authority for dental treatment. 10.407 Medical examination. 10.408 Medical referee examination. 10.409 Furnishing of orthopedic and pros

thetic appliances, and dental work. 10.410 Recording and submission of medi

cal reports. 10.411 Submission of bills for medical serv

ices, appliances and supplies. 10.412 Reimbursement for medical ex

penses, transportation costs, loss of wages, and incidental expenses.

INTRODUCTION § 10.1 Statutory provisions.

(a) The Federal Employees' Compensation Act, as amended (5 U.S.C. 8101 et seq.) provides for the payment of workers' compensation benefits to civil officers and employees of all branches of the Government of the United States. The Act has been amended and extended a number of times to provide workers' compensation benefits to volunteers in the Civil Air Patrol, members of the Reserve Officer Training Corps, Peace Corps Volunteers, Job Corps enrollees, Volunteers In Service to America, members of the National Teachers Corps, certain student employees (see 5 U.S.C. 5351, 8144), employees of the Panama Canal Zone Government and the Panama Canal Company, employees of the Alaska Railroad, certain law enforcement officers not employed by the United States (see 5 U.S.C. 81918193), and various other classes of persons who provide or have provided services to the Government of the United States.

(b) The Act provides for the payment of dollar benefits to enumerated classes of persons who are injured or disabled while in the performance of their duties in service to the United States and to persons within such classes who become sick or disabled as a result of their employment with or service to the United States. The Act further provides for the payment of dollar benefits to certain survivors of

Subpart F-[Reserved)

Subpart G–Cases involving the Liability of a

Third Party 10.500 Prosecution of third party action by

beneficiary. 10.501 Assignment of third party.

60-048 0–80-2

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