§ 53.1

surer.

Authorization of self-insurers. The provisions of the regulations in Part 33, Subchapter C of this chapter, shall govern the authorization of the self-insurance privilege under the said act of August 16, 1941, as amended. An application shall contain (a) a statement of the amount of the employer's pay roll of employees, within the purview of such act, for the preceding 12 months; (b) a statement by classifications of the average number of employees engaged in employments within the purview of said law for the preceding 12 months; (c) a statement of the number of injuries to such employees resulting in disability of more than 7 days duration, or in death, during each of 3 years next preceding the date of the application; (d) an itemized statement of the assets and liabilities of the employer, and current profit and loss statement; (e) a description of the safety organization maintained by the employer for the prevention of injuries at his places of work; (f) a description of the facilities maintained or the arrangements made for the medical and hospital care of injured employees; (g) a statement describing any excess loss insurance or stop-loss insurance arrangement made by the employer, giving the name of the carrier, with full details of any such excess loss coverage; and (h) a statement describing the plan adopted by the employer to set aside a reserve fund for the payment of workmen's compensation benefits (and loss adjustment expenses) under said law. The Bureau in its discretion may require the applicant to submit such further information or such evidence as the Bureau may deem necessary to have in order to enable it to give adequate consideration to such application. Such application shall be signed by the applicant over his typewritten name and if the applicant is not an individual, by the principal officer of the applicant duly authorized to make such application, over his typewritten name and official designation, and shall be sworn to by him. If the applicant is a corporation, the corporate seal shall be affixed. The application shall be filed

with the Bureau. The regulations in this part shall be binding upon each applicant hereunder and the applicant's consent to be bound by all requirements of the said regulations shall be deemed to be included in and a part of the application, as fully as though written therein. (Sec. 39, 44 Stat. 1442; 33 U.S.C. 939. Interprets or applies sec. 1, 55 Stat. 622, as amended; 42 U.S.C. 1651) [8 FR. 4234, Apr. 3, 1943]

§ 53.2 Reports required of self-insurers; examination of accounts of self-in

surer.

(a) At such times as the Bureau may require or prescribe, each self-insurer shall submit such of the following reports as may be requested:

(1) A sworn itemized statement of the self-insurer's assets and liabilities (or a balance sheet), and current profit and loss statement.

(2) A sworn statement showing by classifications the pay roll of employees of the self-insurer who are engaged in employments within the purview of the said act of August 16, 1941, as amended.

(3) A sworn statement of payments of compensation in current cases during any specified quarter, showing the nature of injury in each case.

(4) A sworn statement covering the 6 months' period preceding the date of such report, listing by compensation districts all death and injury cases which have occurred during such period, together with a report of the status of all outstanding claims, showing the particulars of each case.

(b) Whenever it deems it to be necessary, the Bureau may inspect or examine the books of account, records, and other papers of a self-insurer for the purpose of verifying any financial statement submitted to the Bureau by such self-insurer or verifying any information furnished to the Bureau in any report required by this section, or any other section of the regulations in this subchapter, and such self-insurer shall permit the Bureau or its duly authorized representative to make such an inspection or examination as the Bureau shall require. In lieu of this requirement the Bureau may in its discretion accept an adequate report of a certified public accountant.

(Sec. 39, 44 Stat. 1442; 33 U. S. C. 939. Interprets or applies sec. 1, 55 Stat. 622, as amended; 42 U.S.C. 1651) [8 FR. 4235, Apr. 3, 1943]

An

(a) Every employer who has secured the payment of compensation by obtaining a policy of insurance as provided by section 32 of the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1439; 33 U.S.C. 939) and by Part 52 of this subchapter will receive from the deputy commissioner in the compensation district in which he has operations (or for the jurisdictional area of such compensation district), and to whom such insurance has been reported, a certificate that such employer has secured the payment of such compensation. Only one such certificate will be issued to an employer in a compensation district, and it will be valid only during the period for which such employer has secured such payment. employer so desiring may have photostatic copies (or other facsimile copies) of such a certificate made for use in different places within the compensation district or jurisdictional area thereof. A certificate of compliance will be issued by the deputy commissioner to any employer having operations in his district (1) upon receipt by the deputy commissioner and acceptance by him of a card report of the issuance of a policy to the employer concerned as provided by § 52.3 of this subchapter, by an authorized insurance carrier which has filed an agreement to be bound by such card report in conformity with § 52.5 of this subchapter, or (2) upon presentation to the deputy commissioner by the employer concerned (and not by an insurance carrier, insurance agent, or broker) of the applicable policy of insurance, and endorsement thereon, issued to the em

ployer in conformity with Part 52 of this subchapter by an authorized insurance carrier which has not filed the agreement provided for by § 52.5 of this subchapter.

(b) Every employer who has been granted the privilege of self-insurance as provided by section 32 of the Longshoremen's and Harbor Workers' Compensation Act and by Part 53 of this subchapter will receive from the deputy commissioner a certificate that he has complied with the said law with respect to the securing of the payment of compensation. Only one such certificate will be issued to an employer by a deputy commissioner in a compensation district and it will be valid only during the period stated in such certificate.

(c) Two forms of such certificates have been provided by the Bureau, one form for use where the employer has obtained insurance generally under the regulations in this subchapter and one for use where the employer has been authorized as a self-insurer.

§ 54.2 Same; employer operating temporarily in another compensation district.

A deputy commissioner receiving a card report of the issue of a policy of insurance, with the notation authorized by § 52.6 of this subchapter will file such card report until he receives from the insured employer named therein a request for a certificate of compliance, giving the address of the employer within the compensation district of such deputy commissioner. Upon receipt of such a request the deputy commissioner will send the proper certificate of compliance to such employer at such address. § 54.3 Return of certificates of compliance.

Upon the termination by expiration, cancellation or otherwise, of a policy of insurance issued under the provisions of said Act of August 16, 1941, as amended, and the regulations in this subchapter, or the revocation or termination of the privilege of self-insurance granted by the Bureau, all certificates of compliance issued on the basis of such insurance or self-insurance shall be void and shall be returned by the employer to the deputy commissioner issuing them

with a statement of the reason for such return. An employer, holding a certificate of compliance under an insurance policy which has currently expired, pending the renewal of such insurance need not return such certificate of compliance if such expired insurance is promptly

replaced. An employer who has secured renewal of insurance upon the expiration of a policy under said act or whose self-insurance thereunder is reauthorized without a break in the continuity thereof need not return an expired certificate of compliance.

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. The Bureau is charged with the administration 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. This act, in Title I, provides compensation for injury or death proximately resulting from a war-risk hazard, with respect to the following categories of employees:

(1) Any person employed by a contractor with the United States, if such person is an employee specified in the act of August 16, 1941 (Public Law 208, 77th Congress), as amended, and no compensation is payable with respect to injury or death under such act.

(2) Any person engaged by the United States under a contract for his personal services outside the United States or in Hawaii, Alaska, Puerto Rico, or the Virgin Islands.

(3) Any person employed as a civilian employee of a post-exchange or shipservice store outside the United States or in Hawaii, Alaska, Puerto Rico, or the Virgin Islands.

Compensation and other benefits under such act are provided with respect to injury or death proximately resulting from a war-risk hazard, as defined

by the act (see paragraph (c) of this section), whether or not the person was at time of injury engaged in the course of his employment. The purpose intended by such act is to provide continuous 24 hour compensation protection with respect to injuries caused by war hazards, except as to certain employees referred to in § 61.2 (a). Such protection is accomplished by making applicable to such persons the provisions of the act providing compensation for civil employees of the United States, approved September 7, 1916, as amended, except that in determining compensation for disability, the scale of compensation benefits and computation of benefits and the wage base thereof shall be made in accordance with the provisions of sections 6, 8, and 10 of the Longshoremen's and Harbor Workers' Compensation Act, and except that in determining compensation for death, the classes of beneficiaries and the computation of compensation, including the wage basis and payment thereof shall be made in accordance with sections 9 and 10 of such Longshoremen's Act. Where terms relating to beneficiaries used in such section 9 of the Longshoremen's and Harbor Workers' Compensation Act are defined in section 2 of such Longshoremen's Act, such definitions shall apply. 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 max

imum limitation of compensation payable shall be exclusive of medical costs and funeral and burial expenses. Medical treatment and care will be furnished under applicable sections of such act of September 7, 1916, as amended, and not under section 7 of such Longshoremen's Act.

(b) Under the provisions of such Public Law No. 784, 77th Congress, approved December 2, 1942, if any person within any category specified in paragraph (a) of this section:

(1) Is found to be missing from his place of employment, whether or not such person then actually was engaged in the course of his employment, under circumstances supporting an inference that his absence is due to the belligerent action of an enemy; or

(2) Is known to have been taken by an enemy as prisoner, hostage, or otherwise; or

(3) 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;

until such time as he is returned to his home, to the place of his employment, or is able to be returned to the jurisdiction of the United States, such person shall be regarded, for the purpose of paying benefits for detention, as totally disabled. The same benefits as are provided for total disability under the provisions of paragraph (a) of this section shall be credited to his account and be payable to him for the period of such absence or until his death is in fact established or can be legally presumed to have occurred. A part of such compensation for total disability, accruing to such person, may be disbursed during the period of such absence to the dependents of such person, if such dependents reside in the United States or its territories or possessions (including the United States Naval Operating Base, Guantanamo Bay, Cuba, the Canal Zone, and in the Philippine Islands). In determining the monthly benefits which may be paid from the accrued compensation for total disability, credited to the account of such person, the provisions of section 9 of the Longshoremen's and Harbor Workers' Compensation Act shall apply, including the designation of classes of beneficiaries and percentages of the missing person's average wages,

as therein provided. The monthly benefits payable to a dependent from funds accrued to the account of the missing person, shall be in the same amount as would otherwise be payable for the death of such person, as provided by such Longshoremen's Act.

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.

(c) As used in this subchapter:

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

(2) The term "contractor with the United States” includes any subcontractor or subordinate subcontractor with respect to the contract of such contractor.

(3) The term "war-risk hazard" means any hazard arising after December 6, 1941, and prior to the end of the present war from:

(i) The discharge of any missile (including liquids and gas) or the use of any weapon, explosive, or other noxious thing by an enemy or in combating an attack or an imagined attack by an enemy; or

(ii) Action of the enemy, including rebellion or insurrection against the United States or any of its allies; or

(iii) The discharge or explosion of munitions intended for use in connection with the national war effort (except with respect to any employee of a manufacturer or processor of munitions during the manufacture, or processing

thereof, or while stored on the premises of the manufacturer or processor); or

(iv) The collision of vessels in convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation;

or

(v) The operation of vessels or aircraft in a zone of hostilities or engaged in war activities.

(4) The term "injury" means injury resulting from a war-risk hazard, as defined in this section, whether or not such injury occurred in the course of the person's employment, and includes any disease proximately resulting from such

cause.

(5) The term "death" means death proximately caused by injury, as defined in this section.

(6) The terms "compensation”, “physician" and "medical, surgical, and hospital services and supplies” shall be construed and applied as defined in such act of September 7, 1916, as amended.

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

(d) The regulations in Part 1 of this chapter shall not apply under this subchapter, unless made applicable specifically, by reference in this part.

(1950 Reorg. Plan No. 19, § 1, 3 CFR, 19491953 Comp., p. 1010; 64 Stat. 1271) [8 F.R. 5296, Apr. 22, 1943, as amended at 16 F.R. 2933, Apr. 4, 1951; 25 F.R. 10795, Nov. 15, 1960]

§ 61.2 Deductions from benefits; exclusions.

(a) The provisions of Title I of such Public Law No. 784, 77th Congress, approved December 2, 1941 (relating to compensation benefits and for injury, death or enemy detention) shall not apply in the case of any person (1) whose residence is at or in the vicinity of the place of his employment, and (2) who is not living there solely by virtue of the exigencies of his employment, unless his injury or death resulting from injury occurs, or his detention begins, while in the course of his employment.

(b) No payment of benefits to any person within any category specified in § 61.1 (a), or to the dependent of such person, on account of absence as therein specified, shall be made during any period such person or dependent, respectively,