neither citizens nor residents of the United States or Canada and who are employed by the Military Sea Transportation Service in Japan. Compensation in all cases pending as of June 1, 1965, shall be readjusted accordingly, with credit taken in the amount of compensation paid prior to such date; however, with respect to injuries received on and after April 1, 1966, the provisions of § 25.11(c) shall apply, except that the number of weeks allowed for permanent partial disability under subparagraphs (i) through (xii) of § 25.11(c) shall be changed as follows: (i) Arm lost, 312 weeks. (2) Refund of compensation shall not be required if the amount of compensation paid in any case prior to June 1, 1965, otherwise than through fraud, misrepresentation, or mistake, exceeds the amount provided for under this section; and such case shall be deemed compromised and paid under 5 U.S.C. 8137. (b) The total compensation payable under paragraph (a) of this section in cases other than those of permanent total disability or death, shall not exceed the sum of $24,000, exclusive of medical costs. The maximum weekly rate of compensation in any case shall not exceed the sum of $70 and the maximum wage on which compensation is calculated shall not exceed $105 a week. (c) Paragraphs (a) through (j) of § 25.12 shall not be applicable to any case under this section. In lieu thereof, compensation for death shall be as follows: (1) To the undertaker or other person entitled to reimbursement, reasonable funeral expenses not exceeding the equivalent of 2 months' pay or $800, whichever is lower. (2) To the widow, if there is no child, 41 per centum of the weekly pay until her death or remarriage. (3) To the widower, if there is no child and if wholly dependent for support upon the deceased employee at the time of her death, 41 per centum of the weekly pay until his death or remarriage. (4) To the widow or widower, if there is a child, compensation payable under subparagraph (2) or (3) of this paragraph and, in addition thereto, 10 per centum of weekly wage for each child, not to exceed a total of 663 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, reaches the age of 18 years, or, if over such age and incapable of self-support, becomes capable of self-support. (5) To the children if there is no widow or widower, 41 per centum of such weekly pay for one child and 10 per centum thereof for each additional child, not to exceed a total of 66% per centum thereof, divided among such children share and share alike. The compensation of each child shall be paid until he dies, marries, reaches the age of 18, or, if over such age and incapable of selfsupport, becomes capable of self-support. The compensation of a child 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. (6) To the dependent parents, dependent grandparents or dependent grandchildren, 41% per centum of the weekly pay, share and share alike. The compensation to a parent, grandparent, or grandchild shall be paid only if there is no widow, widower or child, but if there is a widow, widower or child entitled to compensation, there shall be paid so much of such percentage for a parent, grandparent, or grandchild, as when added to the total of the percentages for the widow, widower and children, will not exceed a total of 66 per centum of such pay. (7) If a deceased employee is not survived by an eligible widow, widower, child, parent, grandparent or grandchild, there shall be paid to any other persons who were dependent upon the deceased for support at the time of his death, 50 per centum of the weekly pay for 312 weeks, share and share alike. (8) The compensation of each beneficiary under subparagraph (6) of this paragraph shall be paid until he, if a parent or grandparent, dies, marries, or ceases to be dependent, and, if a grandchild, dies, marries, reaches the age of 18, or, if over such age and incapable of self-support, becomes capable of selfsupport. The compensation payable under subparagraph (6) or (7) of this paragraph to a beneficiary 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. (9) Upon the cessation of any person's compensation for death under this section, 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. (10) In case there are two or more classes of persons entitled to compensation for death under this section, 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. (11) Whenever it is deemed to be in the best interest of the United States, lump-sum awards shall be made by the payment of a sum equal to the present value of future compensation payments commuted, computed at 4 percent true discount compounded annually. The probability of the death of the injured employee or other person entitled to compensation before the expiration of the period during which he is entitled to compensation shall be determined in accordance with the American Experience Table of Mortality, and the probability of the remarriage of the surviving wife shall be determined in accordance with the remarriage tables of the Dutch Royal Insurance Institution. The probability of the happening of any other contingency affecting the amount or duration of the compensation shall be disregarded. There shall be no limitation on lump sum settlements to widows except as stated herein. (5 U.S.C. 8136, 8137, 8138, 8145, 8149; Reorg. Plan No. 19 of 1950, 64 Stat. 1271, 15 F.R. 3178; General Order No. 46 (Rev.), 24 F.R. 8472) [31 F.R. 14828, Nov. 23, 1966, as amended at 35 F.R. 1288, Jan. 31, 1970] § 25.27 Territory of Guam (nonresident aliens). (a) The special schedule of compensation established by Subpart B of this part shall apply, with the modifications or additions specified in paragraphs (b) through (k) of this section, to injury or death occurring on or after July 1, 1971 in the Territory of Guam to nonresident alien employees recruited in foreign countries for employment by the Military Departments in the Territory of Guam. However, the Director may, in his discretion, adopt the benefit features and provisions of local workmen's compensation law as provided in Subpart A of this part, or substitute the special schedule in Subpart B of this part or other modifications of the special schedule in this Subpart C, if such adoption or substitution would be to the advantage of the employee or his beneficiary. This schedule shall not apply to any employee who becomes a permanent resident in the Territory of Guam prior to the date of his injury or death. (b) Death benefits: 400 weeks' compensation at two-thirds of the weekly wage rate, shared equally by the eligible survivors in the same class. (c) Death beneficiaries: Beneficiaries of death benefits shall be determined in accordance with the laws or customs of the country of recruitment. (d) Burial allowance: Fourteen weeks' wages or $400, whichever is less, payable to the eligible survivor (s), regardless of the actual expense. If there is no eligible survivor, actual burial expenses may be paid or reimbursed, in an amount not to exceed what would be paid to an eligible survivor. (e) Permanent total disability: 400 weeks' compensation at two-thirds of the weekly wage rate. (f) Permanent partial disability: Where applicabie, the compensation provided in subparagraphs (1) through (19) of paragraph (c) of §25.11, subject to an aggregate limitation of 400 weeks' compensation. In all other cases, that proportion of the compensation provided for permanent total disability (paragraph (e) of this section) which is equivalent to the degree or percentage of physical impairment caused by the disability. (g) Temporary partial disability: Two-thirds of the weekly loss of wageearning capacity. (h) Compensation period for temporary disability: Compensation for temporary disability is payable for a maximum period of 80 weeks. (i) Maximum compensation: The total aggregate compensation payable in any case, for injury or death or both, shall not exceed $24,000, exclusive of medical costs and burial allowance. The weekly rate of compensation for disability or death shall not exceed $70. (j) Method of payment: Compensation for temporary disability shall be payable periodically. Compensation for permanent disability and death shall be payable in full at the time extent of entitlement is established. (k) Exceptions: The Director may in his discretion make exception to the regulations in this section by: (1) Reapportioning death benefits, for the sake of equity. (2) Excluding from consideration potential beneficiaries of a deceased employee who are not available to receive payment. (3) Paying compensation for permanent disability or death on a periodic basis, where this method of payment is considered to be in the best interest of the employee or his beneficiary(s). (5 U.S.C. 8137, 8145, 8149) [36 F.R. 14623, Aug. 7, 1971] SUBCHAPTER C-LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT PART 31-GENERAL ADMINISTRA Sec. 81.1 31.2 81.3 31.4 31.5 81.6 81.7 81.8 31.9 31.10 81.11 TIVE PROVISIONS General administrative provisions; definitions; interpretation of stat ute. Establishment of compensation dis- Report by employer of injury or death. Notification of employer; action there- Withdrawal of claim for compensation. Prehearing conferences. Preparation of record of hearing before deputy commissioner. Contents of record of hearing; issues. Certification of record for use in court proceedings. 81.12 Form of compensation orders; service thereof. 31.13 Contents of findings of fact. 81.14 Supplementary compensation orders. 31.15 Interlocutory matters to be disposed of without formal orders. 81.16 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. 81.22 Availability of records for inspection. 31.23 Employer's record of injury or death. 31.24 Transfer of cases. 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, United States Department of Labor. 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 said Bureau is the agency which was transferred from the Federal Security Agency to the United States Department of Labor by Reorganization Plan No. 19 of 1950 (3 CFR, 1949-1953 Comp., p. 1010; 64 Stat. 1271) effective May 24, 1950, the said Bureau having been established in the Federal Security Agency to perform the functions theretofore performed by the United States Employees' Compensation Commission, the latter having been abolished and its functions transferred to the Federal Security Agency by Reorganization Plan No. 2 of 1946 (3 CFR, 1943-1948 Comp., p. 1064, 60 Stat. 1095), effective July 16, 1946. 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. (1950 Reorg. Plan No. 19, 1, 3 CFR, 19491953 Comp., p. 1010; 64 Stat. 1271) [25 F.R. 10794, Nov. 15, 1960] 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 head.. quarters at Baltimore, Maryland. 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 Michigan 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. [Regs. May 31, 1938, as amended at 6 F. R. 6372, Dec. 12, 1941; 25 F.R. 7099, July 27, 1960.] § 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. § 31.5 Claims for compensation. A claim for compensation may be filed with the deputy commissioner for the compensation district in which the injury occurred at any time after the first 7 days of disability following any injury, or at any time after death. The right to com pensation for disability shall be barred unless a claim therefor is filed within 1 year after the injury, and the right to compensation for death shall be barred unless a claim therefor is filed within 1 year after the death, except that if payment of compensation has been made without an award on account of such injury or death, a claim may be filed within 1 year after the date of the last payment, and except that where the said act provides for the running of the said year limitation from any other date, the provisions of said act shall apply. For the purpose of filing such claims the Bureau has provided separate forms for use in injury and death cases which shall be furnished to any person desiring to file such a claim, upon application therefor made to such deputy commissioner. (Sec. 19 (a), 44 Stat. 1435; 33 U. S. C. 919 (a)) § 31.6 Notification of employer; action thereafter by employer. Within 10 days after the filing of a claim for compensation for injury or death under said act the deputy commissioner shall give written notice to the employer or insurance carrier, served personally or by registered mail, that such claim has been filed and shall call upon such employer or carrier to provide for the payment of compensation in accordance with the provisions of section 14 of said act (44 Stat. 1432; 33 U.S.C. 914) as well as to furnish other benefits provided for by said act, or, if the claim will be controverted, to give notice to that effect as provided by section 14(d) of said act upon the form provided for that purpose by the Bureau, and to file answer to the claim upon the form provided by the Bureau for that purpose, such answer, properly executed, to be filed with the deputy commissioner within 10 days from the date the employer or carrier receives such notice. The answer shall be made in duplicate, the original to be filed with the deputy commissioner and the duplicate to be served upon the claimant either personally or by mailing it to the address given in the claim. (Sec. 19 (b), 44 Stat. 1435; 83 U. S. C. 919 (b)) § 31.7 Withdrawal of claim for compen sation. Any claimant not desiring to proceed with a claim filed in case of injury or death pursuant to said act and the regulations in this subchapter, may apply for withdrawal of the claim to the |