(f) Whenever a person is entitled to compensation by virtue of the amendment broadening the scope of the term "employee", such entitlement shall apply to injuries or deaths which occurred on or after December 7, 1941: Provided, however, That no payments for medical expenses or compensation shall be payable for any period prior to November 1, 1949, and shall be limited to cases involving permanent partial or permanent total disability or death; see §§ 1.4, 1.5 and 1.12. (Sec. 32, 39 Stat. 749, as amended; 5 U. S. C. 783)

25.25 Republic of Korea. [Added]

Subpart A-General Provisions

CODIFICATION: The citation of authority was amended to read as follows, 24 F.R. 7638, Sept. 23, 1959:

AUTHORITY: §§ 25.1 to 25.5 issued under sec. 32, 39 Stat. 749; 5 U.S.C. 783. Interpret or apply sec. 42, 39 Stat. 750, as amended; 5 U.S.C. 793. Additional authority is cited in parentheses following the sections affected.

§ 25.5 Applicable criteria.

The following criteria shall apply to cases of employees specified in § 25.1 and such cases, if otherwise compensable, shall be approved only upon evidence of the following nature:

(a) Appropriate certification by the Federal employing establishment, or;

(b) An Armed Services casualty or medical record, or;

(c) Verification of the employment and casualty by military personnel, or;

(d) Recommendation of an Armed Services "Claim Service" based on investigations conducted by it.

This section shall apply to past as well as future injuries and deaths.

(73 Stat. 342) [24 F.R. 7638, Sept. 23, 1959]

Subpart C-Extensions of Special Schedule of Compensation

§ 25.24 Territory of the Pacific 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 July 18, 1947, in the Territory of the Pacific Islands which comprises all of the Mariana Islands except Guam, all of the Caroline Islands including the Island of Palau, and all of the Marshall 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 February 1, 1951, shall be adjusted 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 February 1, 1951, 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 such case shall not exceed the sum of $50.

(Sec. 32, 39 Stat. 749, as amended; 5 U. S. C. 783. Interprets or applies sec. 42, 39 Stat. 750, as amended; 5 U. S. C. 793) [16 F. R. 2059, Mar. 5, 1951]

§ 25.25 Republic of Korea. (a) The special schedule of compensation established by Subpart B of this part shall apply, with the modifications or additions specified in paragraphs (b), (c) and (d) of this section, as of December 1, 1954, in the Republic of Korea, 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 May 1, 1957, 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 May 1, 1957, exceeds the amount provided for under this section; and such case shall be deemed compromised and paid under section 42 of the Federal Employees' Compensation Act, 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 such case shall not exceed the sum of $50.

(c) Paragraphs (b) through (j), inclusive, of § 25.12 of the Special Schedule of Compensation established by Subpart B of this part shall not be applicable to any case under this section. In lieu thereof, compensation for death shall be paid at the rate of 663 per centum of the monthly pay of the deceased to the survivor or survivors of the deceased who shall take precedence according to the following order:

(1) To the surviving spouse.

(2) To the unmarried surviving child or children, who were supported from the income of the deceased or lived with him at the time of his death, share and share alike.

(3) To the surviving parent or parents, who were supported from the income of the deceased or lived with him at the time of his death, share and share alike.

(4) To the unmarried surviving grandchild or grandchildren, who were supported from the income of the deceased or lived with him at the time of his death, share and share alike.

(5) To the surviving grandparent or grandparents, who were supported from the income of the deceased or lived with

him at the time of his death, share and share alike.

surviving

(6) To the unmarried brothers and sisters, who were supported from the income of the deceased or lived with him at the time of his death, share and share alike.

(d) The compensation as determined pursuant to this section of a spouse, a child, a parent, a grandchild, a grandparent, or a brother or a sister shall be paid until the subsequent marriage or death of such beneficiary, but upon such subsequent marriage or death such compensation shall terminate and thereafter compensation remaining unpaid which would have been paid to the beneficiary had such entitlement continued shall be payable to the surviving beneficiary or beneficiaries, if any, of the same order of priority who are entitled to compensation, share and share alike, or if there are remaining no beneficiaries of the same order of priority entitled to compensation then to the beneficiary or beneficiaries next entitled to priority pursuant to paragraph (c) of this section: Provided, That whenever circumstances prevent the payment of benefits to a member of any of the classes of beneficiaries enumerated above, the compensation may be paid to the remaining survivor or survivors of the same class or, if there are none, then to the survivor or survivors of the next class in the order of the precedence, to the extent circumstances permit such payment.

(Sec. 32, 39 Stat. 749, as amended; 5 U. S. C. 783. Interprets or applies sec. 42, 39 Stat. 750, as amended; 5 U. S. C. 793)

CODIFICATION: § 25.25 was added, 22 F. R. 3438, May 18, 1957. Subsequently, the proviso was added to paragraph (d), 23 F. R. 3815, June 3, 1958.

60th degree east longitude, except areas in the North Atlantic Ocean and contiguous waters, with headquarters at Honolulu, T. H.

(8) Western Pacific District. [Revoked]

CODIFICATION: § 51.2 (a) was amended in the following respects:

1. Subparagraph (1) was revoked, 15 F. R. 6784, Oct. 7, 1950.

2. Subparagraph (2) was amended to read as set forth above and subparagraph (8) was revoked, 19 F. R. 413, Jan. 23, 1954.

Part 61-General Administrative

Sec.

61.1

61.2

Provisions

General provisions; definitions. [Amended]

Deductions from benefits; exclusions. [Amended]

§ 61.1 General provisions; definitions. (a) * 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 amendment 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.

*

(b) 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 subparagraphs (1) or (2) of this paragraph, 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 subparagraphs (1) and (2) of this paragraph, 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.

Sec.

Part 71-General Provisions

71.1 General administrative provisions. 71.2 Computation of benefits. 71.3 Deductions from benefits. 71.4 Limitation upon benefits. 71.5 Payment of benefits. 71.6 Notice of injury or death. 71.7 Claim filing, processing, adjudication and time limits.

AUTHORITY: §§ 71.1 to 71.7 issued under sec. 32, 39 Stat. 749, as amended, sec. 106, 56 Stat. 1033, as amended; 5 U. S. C. 783, 42 U. S. C. 1706. Interpret or apply sec. 5, 62 Stat. 1242, as amended; 50 U. S. C. App., 2004.

SOURCE: 71.1 to 71.7 appear at 16 F. R. 2933, Apr. 4, 1951.

§ 71.1 General administrative provisions. (a) Section 5 (f) of the War Claims Act of 1948 (act of July 3, 1948; Public Law 896, 80th Cong., 62 Stat. 1240) makes provision for the payment of benefits with respect to the injury, disability or death resulting from injury of any civilian American citizen occurring while he was held by or in hiding from the Imperial Japanese Government to the same extent as if such civilian American citizen were an employee within the purview of the act of December 2, 1942 (Public Law 784, 77th Cong., 56 Stat. 1028, 42 U. S. C. 1701, et seq.). Under section 5 (f) of the said War Claims Act of 1948, the rights of individuals to benefits payable under this subchapter shall accrue from and after December 7, 1941, subject, however, to all of the provisions of said act and the regulations in this subchapter.

(b) The regulations in Part 61 of Subchapter F of this chapter governing the administration of the benefits provided under Titles I and II of the said act of December 2, 1942, as amended, shall, insofar as they are applicable and are not inconsistent with any of the provisions of this subchapter, govern the administration of the benefits payable under this subchapter. Provisions of such regulations relating to benefits for

detention by the enemy, reimbursement to an employer or insurance carrier, and limitations on benefits in cases where workmen's compensation is payable are not applicable to the benefits provided in this subchapter nor are they within the purview of this subchapter. The provisions of sections 101 (b), 104 and 105 of such act of December 2, 1942, and the various provisions of Part 61 of this chapter relating to such provisions, accordingly, are not applicable to the payment of benefits under this subchapter.

(c) All rights or benefits under this subchapter which are determinable with reference to other provisions of law other than the said War Claims Act of 1948, shall be determined with reference to such provisions as they existed and were in force on January 3, 1948.

(d) As used in this subchapter:

(1) The term "Bureau" means the Bureau of Employees' Compensation, United States Department of Labor.

(2) The term "civilian American citizen" means any person who, being then a citizen of the United States, was captured by the Imperial Japanese Government on or after December 7, 1941, at Midway, Guam, Wake Island, the Philippine Islands, or any Territory or possession of the United States attacked or invaded by such government or while in transit to or from any such place, or who went into hiding at any such place in order to avoid capture or internment by such government; except (i) a person who at any time voluntarily gave aid to, collaborated with, or in any manner served such government, or (ii) a person who at the time of his capture or entrance into hiding was within the purview of the Federal Employees' Compensation Act of September 7, 1916, as amended and extended, or the said act of December 2, 1942, as amended, or the Missing Persons Act of March 7, 1942 (56 Stat. 143), as amended, or who was a regularly appointed, enrolled, enlisted, or inducted member of any military or naval force.

(3) The terms "held by the Imperial Japanese Government" or "captured by the Imperial Japanese Government" mean a holding of such person as a prisoner, internee, hostage or in any other capacity.

(4) The terms "compensation”, “physician" and "medical, surgical and hospital services and supplies" shall be construed and applied as defined in the Federal Employees' Compensation Act of September 7, 1916, as amended.

(5) The term "benefit" is construed as synonymous with the term "compensation".

(6) The terms "disability", "wages", "child", "grandchild", "brother", "sister", "parent", "widow", "widower", "adoption" or "adopted" shall be construed and applied as defined in the Longshoremen's and Harbor Workers' Compensation Act, as amended.

(a)

§ 71.2 Computation of benefits. For the purpose of determining the benefits under this subchapter, the average weekly wage of any such civilian American citizen, whether employed, self-employed, or not employed, shall be deemed to have been $37.50. The provisions of this subchapter are applicable and benefits are payable whether or not such civilian American citizen was employed. Monthly compensation in cases involving partial disability shall be determined by the percentage which the degree of partial disability bears to total disability, and shall not be determined with respect to the extent of loss of wage-earning capacity.

(b) Notwithstanding any of the provisions of Part 61 of this chapter, total maximum aggregate compensation for disability payable under this subchapter is limited to $7.500 in case of injury and $7,500 in case of death, such sum being exclusive of medical costs and funeral and burial expenses.

§ 71.3 Deductions from benefits. If a civilian American citizen or his dependent receives or has received from the United States any payments on account of the same injury or death, or from his employer in the form of wages or payments in lieu of wages, or in any form of support or compensation (including workmen's compensation) in respect to

the same objects, the benefits under this subchapter shall be diminished in the case of an injured person by the amount of payments such injured person received on account of the same injury or disability, or in the case of dependents, by the amount of payments such dependents of the deceased civilian American citizen received on account of the same death, as the case may be.

§ 71.4 Limitation upon benefits. No person, except a widow or a child, shall be entitled to benefits under this subchapter for disability with respect to himself and to death benefits on account of the death of another.

§ 71.5 Payment of benefits. (a) Benefits under this subchapter payable for disability or death shall be paid only to the person entitled thereto, or to his legal or natural guardian if he has one, and shall not upon death of the person so entitled survive for the benefit of his estate or any other person.

(b) The benefit of a minor or an incompetent person who has no natural or legal guardian may, in the discretion of the Bureau be paid in whole or in such part as the Bureau may determine, for and on behalf of such minor or incompetent directly to the person or institution caring for, supporting or having custody of such minor or incompetent.

(c) In any case in which benefits are payable under this subchapter to any person who is prevented from accepting such benefits by the rules, regulations or customs of the church or the religious order or organization of which he is a member, such benefits will be paid, upon the request of such person, to such church or to such religious order or organization.

§ 71.6 Notice of injury or death. Notwithstanding any of the provisions in Part 61 of this chapter, no notice or report of injury or death shall be required for claims filed under this subchapter.

§ 71.7 Claim filing, processing, adjudication and time limits. (a) Claims for injury, disability or death benefits payable under section 5 (f) of the said War Claims Act of 1948, originating in the United States or in its Territories or possessions, shall be filed by mailing to the Bureau of Employees' Compensation,

46022-60-3

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