§ 61.2 Deductions from benefits; exclusions.

(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 § 61.1(a), or to the dependent of such person, on account of absence as therein specified, shall be made during any period such person or dependent, respectively, has received, or may be entitled to receive, any other payment from the United States, either directly or indirectly, because of such absence, unless such person or dependent refunds or renounces such other benefit or payment for the period claimed. Every person or dependent filing a claim for benefits on account of such absence or detention under Title I of such Public Law shall state whether or not he has claimed, recovered, or is receiving any payments whatsoever on account of such absence or detention, setting forth the source or sources of such payments, the weekly rate of payment, the period or periods during which such payments have been received, and the place where any claim therefor was filed.

(c) No benefits shall be paid or furnished under the provisions of Title I of such Public Law, that is, no compensation benefits for injury or death, or payment of accrued compensation for total disability to such persons or their dependents on account of such absence or detention, to any person who recovers or receives workmen's compensation benefits for the same injury or death under any law (other than such Title I) of the United States, or under the law of any State, Territory, possession, foreign country, or other jurisdiction, or benefits in the nature of workmen's compensation benefits payable under an agreement

approved or authorized by the United States pursuant to which a contractor with the United States has undertaken to provide such benefits. Every person or dependent claiming benefits for injury, death, or detention under Title I of such Public Law shall state whether or not he has claimed, recovered, or is receiving any payments whatsoever under any workmen's compensation law, or under any agreement providing benefits in the nature of workmen's compensation benefits, on account of the same injury or death for which benefits are sought in his claim under Title I of such Public Law, setting forth in such claim the place where such other claim was filed, and the amounts of payments received, together with such information as may be necessary to identify (1) the agreement under which payments are made, or (2) the jurisdiction under the law of which such payments are made.

(d) Where any person specified in section 101(a), Title I of such Public Law (and in § 61.1(a)), or the dependent, beneficiary, or allottee of such person, receives or claims wages, payments in lieu of wages, insurance benefits for disability or loss of life (other than workmen's compensation benefits), and the cost of such wages, payments, or benefits is provided in whole or in part by the United States, the amount of such wages, payments, or benefits shall be credited, in such manner as the Bureau shall determine, against any payments to which any such person may be found entitled under such Title I of such Public Law. Every person or dependent claiming benefits for injury, death or detention under such Title I shall state whether or not he has claimed, recovered, received or is receiving any such wages, payments, or benefits, setting forth the source of such payments, the weekly amount of payment, the total sum received, and the period covered by all payments received. Credits shall be applied under this subparagraph only where the wages, payments, or benefits received are items with respect to which the contractor with the United States is entitled to reimbursement by the United States, or where they are otherwise reimbursable by the United States.

(e) Where a national of a foreign government is entitled to benefits on account of injury or death resulting from a war-risk hazard, under the laws of his native country or any other foreign country, the benefits provided under such Title I of such Public Law shall not apply. Every person or dependent claiming benefits for injury, death, or detention, under such Title I shall state in his claim thereunder the name of the country of which he is a national, and whether or not he has claimed, received, or is receiving, or is entitled to, any benefits on account of the same injury or death under the laws of the country of which he is a national, or of any other foreign country, and where such claim has been filed, or may be filed.

(f) Persons convicted in a court of competent jurisdiction of any subversive act against the United States or any of its allies, committed after the declaration of the President on May 27, 1941, of the national emergency, shall not, nor shall their beneficiaries, be entitled to any benefits under Title I of such Public Law. As provided in such Public Law, any person charged with the commission of such subversive act shall have his compensation or other benefits suspended until such charge is disposed of, forfeiting such compensation 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 cffense 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 FR 5296, Apr. 22, 1943, as amended at 16 FR 2933, Apr. 4, 1951]

§ 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' Compensation 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 a sufficient 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 unrelated causes, namely, (1) prior industrial accident or disease, and (2) injury from a war-risk hazard.

§ 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 sufficient manner, containing all material facts showing his right under such Title I.

(b) Whenever the Bureau shall find that, because of circumstances beyond 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.

§ 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

7, 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 sufficient 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 filed 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 files claim for such detention benefits in other sufficient manner. The dependent in such case, if an award is made, will be paid detention benefits 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 de

pendents (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, de

ductions, 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 filing 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)

§ 61.7 Cooperative arrangements; reports 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 agencies 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 US202, 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 "War-Injury Claim". The employer's report should also contain the symbol or number of the Government contract involved and reference to the Department or agency making such contract.

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(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 transmit