ployment: 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 section shall not be applied in this case, unless the Bureau shall find that refusal to return was justified. § 61.15 Burial expenses. (a) When the death of a person specified in section 101(a), Title I, of such Public Law, and § 61.1(a), results from an injury proximately caused by a war-risk hazard, the Bureau may in its discretion pay reasonable burial expenses in an amount not to exceed $200 as provided by section 9 of such Longshoremen's and Harbor Workers' Compensation Act: Provided, That if any part of the burial expense has been paid by any other agency of the United States, or by any person under obligation to discharge burial expenses, payment hereunder shall not exceed the difference between the amount so paid and $200, if the expense is actually incurred. Payment will be made (1) direct to the undertaker, (2) to the estate of the deceased if the estate is obligated to make payment, or (3) to any person who has paid such burial expenses and is entitled to such reimbursement. (b) In case of death of such person whose home is within the United States, and death resulted from injury proximately caused by a war-risk hazard and occurred away from his home, or outside the United States, and if so desired by his relatives, the body shall, in the discretion of the Bureau, pursuant to section 11 of such act of September 7, 1916, be embalmed and transported in a hermetically sealed casket to the home of the employee, and the reasonable and necessary expenses of such embalming and transportation shall be in addition to the amount, if any, allowed for burial expenses under paragraph (a) of this section. The term "United States" as used in this paragraph shall mean continental United States, or any Territory or possession of the United States. § 61.16 Persons authorized to provide preparation of body, transportation and burial expenses. (a) Incurring and paying of expenses for embalming and transportation of bodies, and funeral and burial expenses, as provided under §§ 61.14 and 61.15, is authorized with respect to the following: (1) Deputy commissioners, and persons acting for such deputy commissioners, authorized by § 61.8(a)(1) to receive reports of injury or death, if the case is within the jurisdiction, for processing, of such deputy commissioner. (2) Officers or agents of the United States, or other person designated by the Bureau, authorized by § 61.8(a)(2) to receive reports of injury or death, if authorized by administrative order, and jurisdiction with respect to the case otherwise exists under administrative order. (3) The Bureau at its principal office. (b) Persons authorized under paragraph (a) of this section to provide for preparation and transportation of bodies, and payment of burial expenses, will exercise such authority only in cases of death from war-risk hazard which arise within the area in which they represent the Bureau. If deaths from such cause occur within their respective jurisdictions in cases which are subject to processing by a representative of the Bureau in another area, the Bureau's authorized representative in that area should be informed immediately in order that he may give advice with respect to the disposition of the remains; if this is impracticable, the Bureau at its principal office may be informed directly in order that it may furnish proper advice. Full information should be given by the representative seeking such advice, showing the basis for the application of such benefits in the particular case. In cases of detained persons, where such cases are within the purview of section 101(b) (1) and (3), Title I, of such Public Law, and § 61.14, authority to incur expense for preparation and transportation of bodies is subject to prior approval by the Bureau, which should be requested immediately, and all payments for such services will be made by the Bureau. (c) Where circumstances in particular cases prevent compliance with the regulations in this section and prevent timely receipt of authority to prepare or transport remains, and in cases of an emergency nature, the following, without further authorization, shall have authority to incur reasonable and minimum necessary expenses of embalming (or other necessary preparation of remains), of providing appropriate container, and of transportation of the body, of any person whose death occurs under circumstances giving rise to the application of the provisions of such Public Law and these regulations relating to preparation and transportation of bodies: (1) Any person referred to in § 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 § 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. § 61.17 Transportation of persons released from detention and return of employ ees. (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 office, or may be transmitted to the Bureau for the applicant by any person referred to in § 61.8, any Government contractor. subcontractor, or subordinate contrac tor, or any officer 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 behalf 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 sub ject to the Standardized Government Travel Regulations, and shall conform with such administrative instructions 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.S.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 official 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 official purpose. § 61.19 Inspection of records by interested 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 office 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 represertative, 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 sufficient 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. § 61.21 Assignments; creditors. The right of any person to benefits under this subchapter and the applicable provisions of Title I of such Public Law, pursuant to section 207 thereof, is not transferable or assignable at law or in equity except to the United States, and none of the moneys paid or payable (except money paid as reimbursement for funeral expenses), or rights existing under such title, are subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law. § 61.22 Contracts for service facilities of insurance carriers. (a) Under the provisions of section 106(a) of such Public Law the Bureau is authorized to contract with insurance carriers for the use of the service facilities of such carriers for the purpose of facilitating administration. The Bureau under this authority may enter into contracts for the use of service facilities which may be available and can be utilized in the processing of claims arising directly under section 101 and under section 104, Title I of such Public Law. (b) Contracts for the use of service facilities will be arranged directly with insurance carriers or carrier groups as the Bureau finds to be necessary to facilitate administration. (c) Compensation for the use of service facilities shall be based upon the services rendered for the Bureau with reimbursement for such items of claims expense (see § 62.6 of this subchapter) as may be necessarily incurred or authorized by the Bureau, unless the service charge agreed upon includes all items of the carriers expense. The compensation for services shall be such amount as the Bureau and the carrier shall agree upon as reasonable for services rendered. PART 62-REIMBURSEMENT OF EMPLOYERS, INSURANCE CARRIERS, OR COMPENSATION FUNDS Sec. 62.1 General reimbursement provisions. 62.4 Examination of records of claimant. 62.7 Same; approval of claims. 62.8 Direct payment of benefits. AUTHORITY: Sec. 106, 56 Stat. 1033; 42 U.S.C. 1706, unless otherwise noted. SOURCE: 8 FR 6811, May 25, 1943, unless otherwise noted. § 62.1 General reimbursement provisions. (a) Where any employer or his insurance carrier or compensation fund pays or is required to pay benefits: (1) To any person or fund on account of injury or death of any person coming within the purview of Title I 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, or of Public Law No. 208, 77th Congress, extending the Longshoremen's and Harbor Workers' Compensation Act to certain persons employed at military, air, and naval bases, and upon Federal public works, outside the continental United States, approved August 16, 1941, as amended, if such injury or death arose from a war risk hazard (as defined in section 201(b), Title II of such Public Law No. 784), which are payable under any workmen's compensation law of the United States or of any State, Territory, or possession of the United States, or other jurisdiction. (2) To any person by reason of any agreement outstanding on the date of enactment of such Public Law No. 784 (such date being December 2, 1942) made in accordance with a contract between the United States and any contractor therewith (including any subcontractor or subordinate contractor with respect to the contract of such contractor), (i) to pay benefits with respect to the death of any employee of such contractor occurring under circumstances not entitling such person to benefits under any workmen's compensation law, or (ii) to pay benefits with respect to the failure of the United States or its contractor to furnish transportation, upon the completion of the employment of any employee of such contractor, to his home or to the place where he was employed. (3) To any person by reason of an agreement approved or authorized by the United States under which a contractor with the United States has agreed to pay workmen's compensation benefits or benefits in the nature of workmen's compensation benefits to an injured employee or his depend ents on account of detention by the enemy or on account of injury or death arising from a war-risk hazard; such employer, carrier, or fund shall be entitled to be reimbursed for all benefits so paid or payable, including funeral and burial expenses, medical, hospital, or other similar costs for treatment and care; and reasonable and necessary claims expense in connection therewith. (b) No reimbursement shall be made in any case in which the Bureau finds that the benefits paid or payable were on account of injury, detention, or death which arose from a war-risk hazard for which a premium (which included an additional charge or loading for such hazard) was charged; or where an insurance carrier has been compensated by its premium charge for the risk which it has assumed; or where the claimant has been reimbursed, paid, or compensated for the loss for which reimbursement is claimed. (c) Reimbursement under this section, with respect to benefits, shall be made only of amounts which will discharge such liability or obligation as arises under applicable workmen's compensation law or pursuant to the terms of the applicable contract. § 62.2 Claims for reimbursement. (a) Claims for reimbursement of benefits and expense shall be made upon a form which the Bureau has prescribed, shall be signed and sworn to by the person, firm, or corporation entitled to reimbursement or the duly authorized representative of such person, firm, or corporation, and shall be filed with the Bureau of Employees' Compensation, United States Department of Labor, Washington 25, D.C. Where the claimant is a corporation, or an agency authorized by the law of a State or other political jurisdiction, such corporation or agency shall advise the Bureau of the name and designation of its officer or officers authorized to execute such claims. (b) Such claims shall contain a schedule showing the names and addresses of the persons to whom or on whose account benefits, payments, or expenses have been paid. In such schedule with respect to such persons |