(xii) Toe, other than great toe lost, 16 weeks.

(2) In all other cases, that proportion of the compensation provided for permanent total disability [paragraph (d) of the section] which is equivalent to the degree or percentage of physical impairment caused by the injury.

(f) Death. If there are two or more eligible survivors, compensation equivalent to 360 weeks' wages shall be paid to the survivors, share and share alike. If there is only one eligible survivor, compensation equivalent to 300 weeks' wages shall be paid. The following survivors are eligible for death benefits:

(1) Spouse who lived with or was dependent upon the employee.

(2) Unmarried children under 21 who lived with or were dependent upon the employee.

(3) Adult children who were dependent upon the employee by reason of physical or mental disability.

(4) Dependent parents, grandparents and grandchildren.

(g) Burial allowance. $1,000 payable to the eligible survivor(s), regardless of actual expenses. If there are no eligible survivors, actual expenses may be paid or reimbursed, up to $1,000.

(h) Method of payment. Only compensation for temporary disability shall be payable periodically, as entitlement accrues. Compensation for permanent disability and death shall be payable in a lump sum.

(i) Maxima. In all cases (temporary disability, permanent disability, and death) the maximum weekly benefit shall be $130. Also, except in cases of permanent total disability and death, the aggregate maximum compensation payable for any injury shall be $40,000.

(j) Prior injury. In cases where injury or death occurred prior to November 1, 1971, benefits will be paid in accord with regulations previously promulgated.

§ 25.27 Territory of Guam (nonresident aliens).

(a) The special schedule of compensation established by Subpart B of this part shall apply, with the modifications or additions specified in paragraphs (b) through (k) of this section, to injury or death occurring on or

after July 1, 1971 in the Territory of Guam to nonresident alien employees recruited in foreign countries for employment by the military departments in the Territory of Guam. However, the Director may, in his or her discretion, adopt the benefit features and provisions of local workers' compensation law as provided in Subpart A of this part, or substitute the special schedule in Subpart B of this part or other modifications of the special schedule in this Subpart C, if such adoption or substitution would be to the advantage of the employee or his beneficiary. This schedule shall not apply to any employee who becomes a permanent resident in the Territory of Guam prior to the date of his or her injury or death.

(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. Beneficiaries of death benefits shall be determined in accordance with the laws or customs of the country of recruitment.

(d) Burial allowance. 14 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 paragraphs (1) through (19) of paragraph (c) of § 25.11, 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 $24,000, exclusive of medical costs and burial allowance. The weekly rate of compensation for disability or death shall not exceed $70.

(j) Method of payment. 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 Director may in his or her discretion make exception

Sec.

61.1

61.2

PART 61-GENERAL ADMINISTRATIVE PROVISIONS

General provisions; definitions.

Deductions from benefits; exclusions.

61.3 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 adjudications.

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 preparation of body, transportation and burial expenses.

61.17 Transportation of persons released from detention and return of employees. 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 insurance carriers.

AUTHORITY: Sec. 32, 39 Stat. 749, sec. 106, 56 Stat. 1033; 5 U.S.C. 8145, 8149, 42 U.S.C. 1706, unless otherwise noted.

SOURCE: 8 FR 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 Employees' Compensation, United States Department of Labor. The said Bureau is the agency which was transferred from the Federal Security Agency to the United States Depart

ment 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 civillian employee of a post-exchange or ship-service 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 § 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 Worker's 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 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 under this subchapter if such amend

ment 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 maximum 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;

as

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 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 compensation 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, as therein provided. The monthly benefits 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 paragraphs (b)(1) or (2) of this section, 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' Compensation Act, but subject to other limitations in the act of December 23, 1943, concerning distribution and disbursement to dependents. In all cases falling within paragraphs (b)(1) and (2) of this section, 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:

(i) 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 combat

ing an attack or an imagined attack by an enemy; or

(ii) Action of the enemy, including rebellion or insurrection against the United States or any of its allies; or

(iii) The discharge or explosion of munitions intended for use in connec tion with the national war effort (except with respect to any employee of a manufacturer or processor of mu nitions during the manufacture, or processing 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 in war activities.

(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.

"compensation",

(6) The terms "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, 19491953 Comp., p. 1010; 64 Stat. 1271)

[8 FR 5296, Apr. 22, 1943, as amended at 16 FR 2933, Apr. 4, 1951; 25 FR 10795, Nov. 15, 1960]