p. 1064; 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, 3 CFR, 1949-1953 Comp., p. 1010, 64 Stat. 1271; sec. 39, 44 Stat. 1442; 33 U.S.C. 939, unless as otherwise noted.

Subpart A-Federal Employees'
Compensation Act

AUTHORITY: The provisions of this Subpart A issued under 80 Stat. 545, 553, 555; 5 U.S.C. 8124, 8128, 8145, 8149. 80 Stat. 2552 Reorganization Plan No. 19 of 1950, 64 Stat. 1271; 15 F.R. 3178. General Order No. 46 (Revised), 24 F.R. 3472.

SOURCE: The provisions of this Subpart A appear at 32 F.R. 6273, Apr. 21, 1967, unless otherwise noted.

Claims for compensation for disability and death are processed by claims examiners of the Bureau of Employees' Compensation, U.S. Department of Labor, whose duty it is to apply the law to the facts as reported, received, or obtained upon investigation. The Federal Employees' Compensation Act, as amended, requires determination of a claim, with findings of fact and a decision for or against the payment of compensation, upon consideration of the claim presented by the claimant, the report by his immediate superior, and the completion of such investigation as the Bureau may deem necessary. There is no required procedure for the production of evidence, and evidence in written form is accepted. The final authority in the Bureau in the determination of a claim is vested in the Director or Acting Director of the Bureau. The decision shall contain findings of fact and a statement of reasons. A copy of the decision, together with information as to the right to a hearing, to a review, and to an appeal to the Employees' Compensation Appeals Board, shall be mailed to the claimant at his last known address.

§ 01.2 Review by the Bureau.

An award for or against the payment of compensation may be reviewed by the Bureau at any time, on its own motion or on application of the claimant. No formal application for review is required, but a written request for review, stating reasons why the decision should be changed, is necessary to invoke action. Such request shall be made to the Director, Bureau of Employees' Compensation, U.S. Department of Labor, Washington, D.C. 20211.

§ 01.3

Review by Employees' Compensation Appeals Board.

Final decisions of the Bureau are subject to review by the Employees' Compensation Appeals Board, U.S. Department of Labor, under the rules of procedure set forth in Part 501 of this title. § 01.4 Request for a hearing.

Prior to any review under § 01.2, any claimant for compensation not satisfied with a decision of the Bureau shall, upon written request made within 30 days after the date of issuance of such decision, be afforded an opportunity for a hearing before a Bureau representative designated by the Director or Acting Director of the Bureau. The request for hearing shall be made to the Director, Bureau of Employees' Compensation, Department of Labor, Washington, D.C. 20211. At such hearing, the claimant shall be afforded an opportunity to present evidence in further support of his claim.

§ 01.5 Time and place of hearing; prehearing conference.

The Bureau representative shall set the time and place of the hearing, and shall mail written notice thereof to the claimant at least 10 days prior to the hearing. The hearing will, when practicable, be set at a time and place convenient for the claimant. The Bureau representative may, and when so requested by the claimant shall, afford the claimant a prehearing conference to clarify the issues in his claim and, when necessary, shall postpone the hearing for this purpose. Request for such conference may be made to the Bureau representative orally or in writing.

§ 01.6 Conduct of hearing.

In conducting the hearing, the Bureau representative shall not be bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by section 5 of the Administrative Procedure Act, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose he shall receive such relevant evidence as may be adduced by the claimant and shall, in addition, receive such other evidence as he may determine to be necessary or useful in evaluating the claim. Evidence may be presented orally or in the form of written statements and exhibits. The hearing shall be recorded, and the original

of the complete transcript shall be made a part of the claims record.

§ 01.7

Termination of hearing; decision; review of decision.

The Bureau representative shall fix the time within which he will receive evidence, and shall terminate the hearing by mailing a copy of his tentative decision, setting forth the basis therefor, to the claimant at his last known address. Such tentative decision shall become the final decision unless revised within 30 days. A copy of any revision of the tentative decision, setting forth the basis therefor, shall be mailed to the claimant at his last known address within such 30-day period. The provisions for review in §§ 01.2 and 01.3 are applicable to such final decision.

§ 01.8 Withdrawal of request for hearing; abandonment.

A claimant may withdraw his request for a hearing at any time prior to the mailing of the decision, by written notice to the Bureau representative so stating, or by orally so stating at the hearing. A claimant shall be deemed to have abandoned his request for a hearing if he fails to appear at the time and place set for the hearing and does not, within 10 days after the time set for the hearing, show good cause for such failure to appear. Subpart B-Longshoremen's and Harbor Workers' Compensation Act

SOURCE: The provisions of this Subpart B appear at 11 F.R. 177A-525, Sept. 11, 1946, unless otherwise noted. Redesignated at 13 F.R. 7668, Dec. 10, 1948.

§ 01.11 Processing of claims.

(a) The deputy commissioners adjudicate claims under the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 919), in compensation districts established pursuant to such act. The deputy commissioner performs the quasi-judicial function of deciding the rights of private partiesthe employee, or his dependents (as the claimant or claimants), and the employer, or employer and his insurance carrier (as respondent or respondents).

(b) Claims for compensation or for reimbursement of medical expenses (where the employer has failed or neglected to furnish medical care) are processed by the deputy commissioner, with or without the assistance of claims examiners in his office, by the verification of payments, and informal adjudicatory