ting 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 filing 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 completed case records relating to such missing persons will be filed, 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 § 61.7, may be filed:

(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 20, 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., when

ever 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.

§ 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 § 61.8.

(2) With any deputy commissioner of the Bureau under the Longshoremen's and 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 office.

The term "processed" as used in this paragraph means:

1. Receiving, assembling, and filing 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 of records, such as may be deemed necessary by such representatives, or as may be necessary to comply with administrative instructions;

3. 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 adjustments, under administrative instructions.

The authority of deputy commissioners, and other designated persons, referred to under paragraphs (c) (1) and (2) of this section 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 paragraph

(c)(1) of this section 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 paragraph (c)(2) of this section 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 office, 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.

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(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 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

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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 perform

ance thereof, advice shall be obtained from the Bureau with respect thereto.

§ 61.11 Reports by employees and dependents.

(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.

§ 61.12 Furnishing of medical treatment.

(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 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, services, and care either by use of local facilities made available by a department 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 filed in the same manner as is provided in §§ 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 treatment 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 furnishing of medical, surgical,

hospital and other treatment and care, including transportation and experses 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 § 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 § 61.8. (2) The employing contractor, suvcontractor, 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 § 61.7(c).

Immediate report of medical treatment or care authorized hereunder should be submitted as provided in § 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.

§ 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 war-risk hazard) 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

such

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 war-risk 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 em