(5) Eye lost, 140 weeks' compensation.

(6) Thumb lost, 51 weeks' compensation.

(7) First finger lost, 28 weeks' compensation.

(8) Great toe lost, 26 weeks' compensation.

(9) Second finger lost, 18 weeks' compensation.

(10) Third finger lost, 17 weeks' compensation.

(11) Toe, other than great toe, lost, 8 weeks' compensation.

(12) Fourth finger lost, 7 weeks' compensation.

(13) Loss of hearing: One ear, 52 weeks' compensation; both ears, 200 weeks' compensation.

(14) Phalanges: Compensation for loss of more than one phalanx of a digit shall be the same as for the loss of the entire digit. Compensation for loss of the first phalanx shall be one-half of the compensation for the loss of the entire digit.

(15) Amputated arm or leg: Compensation for an arm or a leg, if amputated at or above the elbow or the knee, shall be the same as for the loss of the arm or leg; but, if amputated between the elbow and the wrist, or between the knee and the ankle, the compensation shall be the same as for the loss of the hand or the foot.

(16) Binocular vision or per centum of vision: Compensation for loss of binocular vision, or for 80 per centum or more of the vision of an eye shall be the same as for loss of the eye.

(17) Two or more digits: Compensation for loss of two or more digits, one or more phalanges of two or more digits, of a hand or foot may be proportioned to the loss of use of the hand or foot occasioned thereby, but shall not exceed the compensation for the loss of a hand or a foot.

(18) Total loss of use: Compensation for permanent total loss of use of a member shall be the same as for loss of the member.

(19) Partial loss or partial loss of use: Compensation for permanent partial loss or loss of use of a member may be for proportionate loss of use of the member.

(20) Consecutive awards: In any case in which there shall be a loss or loss of use of more than one member or parts of more than one member, set forth in subparagraphs (1) to (19), inclusive, of this paragraph but not amounting to permanent total disability, the award of compensation shall be for the loss or loss of use of each such member or part thereof, which awards shall run consecutively, except that where the injury affects only two or more digits of the same hand or foot, subparagraph (17) of this paragraph shall apply.

(21) Other cases: In all other cases within this class of disability the compensation during the continuance of disability shall be that proportion of compensation for permanent total disability, as determined under paragraph (a) of this section, which is equal in percentage to the degree or percentage of physical impairment caused by the disability.

(22) Compensation under subparagraph (1) to (21), inclusive, of this paragraph for permanent partial disability, shall be in addition to any compensation for temporary total or temporary partial disability under this section, and awards for temporary total, temporary partial, and permanent partial disability shall run consecutively.

(d) Temporary partial disability. In case of disability, partial in character and temporary in quality, during the continuance of disability that proportion of compensation for temporary total disability, as determined under paragraph (b) of this section, which is equal in percentage to the degree or percentage of physical impairment caused by the disability.

§ 25.12 Compensation for death. If the disability causes death the compensation shall be payable in the amount, and to or for the benefit of the persons, determined as follows:

(a) To the undertaker or person entitled to reimbursement, reasonable funeral expenses not exceeding $200.

(b) To the widow, if there is no child, 35 per centum of the monthly pay until her death or remarriage.

(c) To the widower, if there is no child and if wholly dependent for support upon the deceased employee at the time of her death, 35 per centum of the monthly pay until his death or remarriage.

(d) To the widow or widower, if there is a child, the compensation payable under paragraph (b) or (c) of this section, and in addition thereto 10 per centum of the monthly wage for each child, not to exceed a total of 66 per centum for such widow or widower and children. If a child has a guardian other than the surviving widow or widower, the compensation payable on account of such child shall be paid to such guardian. The compensation of any child shall cease when he dies, marries, or reaches the age of 18 years, or if over such age, and incapable of self-support, becomes capable of self-support.

(e) To the children, if there is no widow or widower, 25 per centum of such monthly pay for one child and 10 per centum thereof for each additional child, not to exceed a total of 663 per centum thereof, divided among such children share and share alike. The compensation of each child shall be paid until he dies, marries, or reaches the age of 18, or if over such age, and incapable of self-support, becomes capable of selfsupport. The compensation of a child under legal age shall be paid to its guardian, if there is one, otherwise to the person having the custody or care of such child, for such child, as the Bureau in its discretion shall determine.

(f) To the parents, if one is wholly dependent for support upon the deceased employee at the time of his death and the other is not dependent to any extent, 25 per centum of such monthly pay; if both are wholly dependent, 20 per centum thereof to each; if one is or both are partly dependent, a proportionate amount in the discretion of the Bureau. The compensation to a parent or parents in the percentages specified shall be paid if there is no widow, widower, or child, but if there is a widow, widower, or child, there shall be paid so much of such percentages for a parent or parents, as, when added to the total of the percentages of the widow, widower, and children, will not exceed a total of 663 per centum of such pay.

(g) To the brothers, sisters, grandparents, and grandchildren, if one is wholly dependent upon the deceased employee for support at the time of his death, 20 per centum of such pay to such dependent; if more than one are wholly dependent, 30 per centum of such pay, divided among such dependents share and share alike; if there is no one of them

wholly dependent, but one or more are partly dependent, 10 per centum of such pay divided among such dependents share and share alike. The compensation to such beneficiaries shall be paid if there is no widow, widower, child, or dependent parent. If there is a widow, widower, child, or dependent parent, there shall be paid so much of the above percentages as, when added to the total of the percentages payable to the widow, widower, children, and dependent parents, will not exceed a total of 66% per centum of such pay.

(h) The compensation of each beneficiary under paragraphs (f) and (g) of this section shall be paid until he, if a parent or grandparent, dies, marries, or ceases to be dependent, or, if a brother, sister, or grandchild, dies, marries, or reaches the age of 18 years, or if over such age and incapable of self-support becomes capable of self-support. The compensation of a brother, sister, or grandchild under legal age shall be paid to his or her guardian, if there is one, otherwise to the person having the custody or care of such child, for such child, as the Bureau in its discretion shall determine.

(i) Upon the cessation of any person's compensation for death under this subpart, the compensation of any remaining person entitled to the continuation of compensation in the same case shall be adjusted, so that the continuing compensation shall be at the same rate such person would have received, had no award been made to the person whose compensation was terminated.

(j) In case there are two or more classes of persons entitled to compensation for death under this subpart, and the apportionment of such compensation as above provided would result in injustice, the Bureau may in its discretion modify the apportionments to meet the requirements of the case.

§ 25.13 General provisions. (a) The definitions of terms in the Employees' Compensation Act of September 7, 1916, as amended, shall apply to terms used in this subpart.

(b) The provisions of such act unless modified by this subpart, or unless otherwise inapplicable, shall be applied whenever possible in the application of this subpart.

(c) The provisions of the regulations of the Bureau for the administration of such act of September 7, 1916, as amended

(Subchapter A of this chapter), as supplemented from time to time by instructions applicable to this subpart, shall apply in the administration of compensation under this subpart, whenever they can reasonably be applied.

SUBPART C-EXTENSIONS OF SPECIAL SCHEDULE OF COMPENSATION

§ 25.21 Philippine Islands. (a) The special schedule of compensation established by Subpart B of this part shall apply, with the modifications or additions specified in paragraph (b) of this section, as of December 8, 1941, in the Philippine Islands, and shall be applied retrospectively in cases of injury (or death from injury) occurring on and after such date. Compensation in all cases pending as of July 9, 1946, shall be readjusted accordingly, with credit taken in the amount of compensation paid prior to such date. Refund of compensation shall not be required if the amount of compensation paid in any case, otherwise than through fraud, misrepresentation, or mistake, and prior to July 9, 1946, exceeds the amount provided for under this section; and such case shall be deemed compromised and paid under section 42 of such act of September 7, 1916, as amended.

(b) The total aggregate compensation payable in any case under paragraph (a) of this section, for injury or death or both, shall not exceed the sum of $4,000, exclusive of medical costs. The maximum monthly rate of compensation in any case shall not exceed the sum of $50.

§ 25.22 Australia. (a) The special schedule of compensation established by Subpart B of this part shall apply, with the modifications or additions specified in paragraph (b) of this section, as of December 8, 1941, in Australia, and shall be applied retrospectively, in cases of injury (or death from injury) occurring on and from such date. Compensation in all cases pending as of July 15, 1946, shall be readjusted accordingly, with credit taken in the amount of compensation paid prior to such date. Refund of compensation shall not be required if the amount of compensation paid in any case, otherwise than through fraud, misrepresentation, or mistake, and prior to July 15, 1946, exceeds the amount provided for under this section; and such

case shall be deemed compromised and paid under section 42 of such act of September 7, 1916, as amended.

(b) The total aggregate compensation payable in any case under paragraph (a) of this section, for injury or death or both, shall not exceed the sum of $4,000, exclusive of medical costs. The maximum monthly rate of compensation in any case shall not exceed the sum of $50.

§ 25.23 Non-citizen employees of Office of Strategic Services and Strategic Services Unit. (a) The special schedule of compensation established by Subpart B of this part shall apply, with the modifications or additions specified in paragraph (b) of this section, to noncitizen and non-resident employees of the Office of Strategic Services and Strategic Services Unit, War Department, as of December 7, 1941, and shall be applied retrospectively, in cases of injury (or death from injury) occurring on or after such date. Compensation in all cases pending December 1, 1947, shall be readjusted accordingly, with credit taken in any amount of compensation paid prior to such date. Refund of compensation shall not be required if the amount of compensation paid in any case, otherwise than through fraud, misrepresentation, or mistake, and prior to December 1, 1947, exceeds the amount provided for under this section; and such case shall be deemed compromised and paid under section 42 of such act of September 7, 1916, as amended.

(b) The total aggregate compensation payable in any case under paragraph (a) of this section for injury or death or both, shall not exceed the sum of $5,000, exclusive of medical costs. The maximum monthly rate of compensation in any case shall not exceed the sum of $50. The compensation of a parent, brother, sister, grandparent or grandchild shall be paid for a period of eight years from the time of death, unless before that time he, if a parent or grandparent, dies, marries, or ceases to be dependent, or, if a brother, sister, or grandchild, dies, marries, or reaches the age of 18 years, or, if over 18 years and incapable of selfsupport, becomes capable of self-support. The commutation of compensation in case of injury shall be made as of the date of the injury, and in case of death, as of the date of death.

General administrative provisions; definitions; interpretation of statute.

Establishment of compensation dis-
tricts.

Report by employer of injury or death.
Notice of injury or death.
Claims for compensation.

Notification of employer; action there-
after by employer.

Withdrawal of claim for compensation.

Prehearing conferences.

Preparation of record of hearing before deputy commissioner. 31.10 Contents of record of hearing; issues. 31.11 Certification of record for use court proceedings.

in

31.12 Form of compensation orders; service thereof.

31.13 Contents of findings of fact. 31.14 Supplementary compensation orders. 31.15 Interlocutory matters to be disposed of without formal orders.

31.16 Application for review of a compensation case for modification of award; procedure.

31.17 Commutation of payments. 31.18 Same; aliens not residents or about to become nonresidents.

31.19 Compensation from special fund in cases of permanent disability. 31.20 Maintenance for employees undergoing vocational rehabilitation. 31.21 Representatives of parties in interest and fees for services.

31.22 Availability of records for inspection. 31.23 Employer's record of injury or death. 31.24 Transfer of cases.

31.25 Assessment of civil penalties. 31.26 Agreed settlements.

AUTHORITY: §§ 31.1 to 31.26 issued under sec. 39, 44 Stat. 1442; 33 U. S. C. 939. Statutory provisions interpreted or applied are cited to text in parentheses.

SOURCE: 31.1 to 31.26 contained in Regulations under the Longshoremen's and Harbor Workers' Compensation Act, May 31, 1938, except as noted following sections affected. Redesignated at 13 F. R. 7670.

§ 31.1 General administrative provisions; definitions; interpretation of statute. Every person subject to, claiming benefits under, or acting under, the provisions of the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1424; 33 U. S. C. ch. 18) shall conform to the procedure prescribed therein and in the regulations under this subchapter.

The term "Bureau" as used in this chapter means the Bureau of Employees' Compensation, Federal Security Agency. All other definitions appearing in section 2 of said act (44 Stat. 1424; 33 U. S. C. 902) shall be applicable with respect to the regulations promulgated under this chapter. The responsibility for the administration of the said act is committed therein to the Bureau, which administers the act through deputy commissioners appointed by it for the several compensation districts established pursuant to law. The Bureau of Employees' Compensation was created by the Federal Security Administrator as part of the Office of Special Services, Federal Security Agency, to perform the functions performed by the United States Employees' Compensation Commission prior to the transfer of such functions to the Administrator by Reorganization Plan No. 2 of 1946 (11 F. R. 7873, 3 CFR, 1946 Supp., Ch. IV). Except in cases in which the said act otherwise requires, action upon claims shall be taken by the said deputy commissioners in conformity with law and the regulations in this subchapter. In the absence of controlling court decisions, the said deputy commissioners shall conform with the interpretation of the said act by the Bureau by regulation or otherwise, and such interpretation shall be binding upon them until held invalid by controlling judicial authority. (Sec. 23 (b), 44 Stat. 1437; 33 U. S. C. 923 (b)) [13 F. R. 7669]

§ 31.2 Establishment of compensation districts. Pursuant to the provisions of section 39 (b) of said act (44 Stat. 1442; 33 U. S. C. 939 (b)) the Bureau has established the following compensation districts:

District No. 1. Comprises the New England States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut, with headquarters at Boston, Massachusetts.

District No. 2. Comprises the Port of New York, including that part of New Jersey legally included in the Port of New York, and the State of New York, except that part of New York State north and west of a line 30 miles from the shore of Lake Erie and Lake Ontario and the Niagara and St. Lawrence Rivers, with headquarters at New York, N. Y.

District No. 3. Comprises the State of New Jersey, except that part legally included in the Port of New York, and the States of Delaware and Pennsylvania, except that part of the State of Pennsylvania north and west of a line 30 miles from the shore of Lake Erie, with headquarters at Philadelphia, Pennsylvania.

District No. 4. Comprises the State of Maryland and District of Columbia, including the Potomac River, with headquarters at Baltimore, Maryland.

District No. 5. Comprises the State of Virginia, except the Potomac River, and the State of North Carolina, with headquarters at Norfolk, Virginia.

District No. 6. Comprises the States of South Carolina, Georgia, and Florida, with headquarters at Jacksonville, Florida.

District No. 7. Comprises the States of Alabama, Mississippi, Louisiana, and Arkansas, excluding that part of the Mississippi River between Arkansas and Tennessee, with headquarters at New Orleans, Louisiana.

District No. 8. Comprises the State of Texas, including that part of the Red River between Texas and Oklahoma, with headquarters at Galveston, Texas.

District No. 9. Comprises that part of the lake district in the States of Pennsylvania and New York extending thirty miles inland from the shore line of Lake Erie and Lake Ontario and the Niagara and St. Lawrence Rivers; the lower peninsula of the State of Michigan, except that part west and north of a line 30 miles from the shore of Lake Michigan and the Strait of Mackinac; the State of West Virginia, the State of Ohio, the State of Indiana, including the Wabash River between Indiana and Illinois, excluding the territory north of a line 30 miles from the shore of Lake Michigan; the State of Kentucky, including that part of the Ohio River between Kentucky and Illinois and that part of the Mississippi River between Kentucky and Missouri; the State of Tennessee, including that part of the Mississippi River between the States of Tennessee, Missouri, and Arkansas, with headquarters at Cleveland, Ohio.

District No. 10. Comprises the rest of the lake district, namely. an area thirty miles wide along the shore of Lake Michi'gan in the lower peninsula of Michigan, and in the State of Indiana; all of the northern peninsula of Michigan, and the States of Wisconsin, Minnesota, North and South Dakota, Nebraska, Iowa and

Kansas; the State of Illinois, excluding that part of the Wabash River between Illinois and Indiana, and that part of the Ohio River between Illinois and Kentucky; the State of Missouri, excluding the Mississippi River between Missouri, Kentucky and Tennessee; the State of Oklahoma, excluding the Red River between Oklahoma and Texas, with headquarters at Chicago, Illinois.

District No. 13. Comprises the States of California, Arizona, New Mexico, Nevada, Utah, and Colorado, with headquarters at San Francisco, California.

District No. 14. Comprises the States of Washington, Oregon, Idaho, Montana, and Wyoming, and the territory of Alaska, with headquarters at Seattle, Washington.

District No. 15. Comprises the Territory of Hawaii, with headquarters at Honolulu, T. H.

(Sec. 39 (b), 44 Stat. 1442; 33 U. S. C. 939 (b)) [Regs. May 31, 1938, as amended at 6 F. R. 6372]

§ 31.3 Report by employer of injury or death. Within 10 days from the date of any injury or death or from the date that the employer has knowledge of a disease or infection in respect of such injury, or from the date the employer has knowledge of the injury or of any disease proximately caused by the employment or of death of an employee within the purview of said act, the employer shall send to the deputy commissioner for the compensation district in which occurrence took place, upon a form prescribed for that purpose by the Bureau, a report of such injury or disease, giving the particulars thereof. Where the injury or disease results in death, the employer, immediately upon learning of the death, shall furnish on a form prescribed by the Bureau for that purpose, a supplemental report of the death. The employer shall, at the times and in the manner required, submit such additional reports in respect of the injury or death of his employee as the deputy commissioner may request.

§ 31.4 Notice of injury or death. Within 30 days after the date of injury or death, notice thereof shall be given by the person claiming compensation or by some one on his behalf to the deputy commissioner for the compensation district in which the injury or death occurred, and for such purpose a form has been adopted by the Bureau which shall be furnished upon application therefor made to the deputy commissioner.