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this section; and such case shall be under the Federal Employees' Compendeemed compromised and paid under sation Act. section 42 of such act of September 7, (6 U.S.C. 8137, 8138, 8145, 8149; Reorganiza1916, as amended.

tion Plan No. 19 of 1950 (64 Stat. 1271, 8 CFR, (b) The total aggregate compensation 1949–1953 Comp., p. 1010); and General Order payable in any case under paragraph (a)

No. 46 (Rev.), 24 F.R. 8472) [32 F.R. 10667, of this section, for injury or death or

July 19, 1967) both, shall not exceed the sum of $4,000, 8 25.23 Non-citizen employees of Offico exclusive of medical costs. The maxi. of Strategic Services and Strategic mum monthly rate of compensation in Services Unit. any case shall not exceed the sum of

(a) The special schedule of compensa$50.

tion established by Subpart B of this 8 25.22 Australia.

part shall apply, with the modifications

or additions specified in paragraph (b) (a) The special schedule of compen

of this section, to non-citizen and nonsation established by Subpart B of this

resident employees of the Office of Strapart shall apply, with the modifications tegic Services and Strategic Services or additions specified in paragraph (b) Unit, War Department, as of December 7, of this section, as of December 8, 1941, in 1941, and shall be applied retrospectively, Australia, is all cases of injury (or death in cases of injury (or death from injury) from injury) which occurred between occurring on or after such date. ComDecember 8, 1941, and December 31, 1961,

pensation in all cases pending December inclusive, and shall be applied retrospec

1, 1947, shall be readjusted accordingly,

with credit taken in any amount of comtively in all such cases of injury (or

pensation paid prior to such date. Redeath from injury). Compensation in

fund of compensation shall not be reall such cases pending as of July 15, 1946,

quired i the amount of compensation shall be readjusted accordingly, with paid in any case, otherwise than through credit taken in the amount of compen fraud, misrepresentation, or mistake, sation paid prior to such date. Refund of and prior to December 1, 1947, exceeds compensation shall not be required if the the amount provided for under this secamount of compensation paid in any

tion; and such case shall be deemed comsuch case, otherwise than through fraud,

promised and paid under section 42 of mispresentation, or mistake, and prior to

such act of September 7, 1916, 48 July 15, 1946, exceeds the amount pro

amended.

(b) The total aggregate compensation vided for under this paragraph; and such

payable in any case under paragraph case shall be deemed compromised and

(a) of this section for injury or death or paid under 5 U.S.C. 8137.

both, shall not exceed the sum of $5,000, (b) The total aggregate compensation exclusive of medical costs. The maxipayable in any case under paragraph (a) mum monthly rate of compensation in of this section, for injury or death or any case shall not exceed the sum of $50. both, shall not exceed the sum of $4,000, The compensation of a parent, brother, exclusive of medical costs. The maxi sister, grandparent or grandchild shall mum monthly rate of compensation in

be paid for a period of eight years from any such case shall not exceed the sum

the time of death, unless before that time of $50.

he, if a parent or grandparent, dies,

marries, or ceases to be dependent, or, if (c) The benefit amounts payable under

a brother, sister, or grandchild, dies, the provisions of the Commonwealth

marries, or reaches the age of 18 years, Employees' Compensation Act 1930

or, if over 18 years and incapable of self1964, Australia, shall apply as of Janu support, becomes capable of self-support. ary 1, 1962, in Australia, as the exclusive The commutation of compensation in measure of compensation in cases of in case of injury shall be made as of the jury (or death from injury) occurring

date of the injury, and in case of death, on and after January 1, 1962, and shall

as of the date of death. be applied retrospectively in all such 8 25.24 Territory of the Pacific Islands. cases occurring on and after such date:

(a) The special schedule of compenProvided, That the compensation payable sation established by Subpart B of this under the provisions of this paragraph part shall apply, with the modifications shall in no event exceed that payable or additions specified in paragraph (b)

of this section, as of July 18, 1947, in (c) Paragraphs (b) through (1), 10the Territory of the Pacific Islands which clusive, of g 25.12 of the Special Schedule comprises all of the Mariana Islands ex of Compensation established by Subpart cept Guam, all of the Caroline Islands B of this part shall not be applicable to including the Island of Palau, and all of any case under this section. In lieu the Marshall Islands, and shall be ap thereof, compensation for death shall be plied retrospectively in cases of injury paid at the rate of 662/3 per centum of the (or death from injury) occurring on and monthly pay of the deceased to the surafter such date. Compensation in all vivor or survivors of the deceased who cases pending as of February 1, 1951, shall take precedence according to the shall be adjusted accordingly, with credit following order: taken in the amount of compensation (1) To the surviving spouse. paid prior to such date. Refund of com. (2) To the unmarried surviving child pensation shall not be required if the or children, who were supported from the amount of compensation paid in any income of the deceased or lived with him case, otherwise than through fraud, mis at the time of his death, share and share representation, or mistake, and prior to alike. February 1, 1951, exceeds the amount (3) To the surviving parent or parprovided for under this section; and such ents, who were supported from the incase shall be deemed compromised and come of the deceased or lived with him paid under section 42 of such act of at the time of his death, share and September 7, 1916, as amended.

share alike. (b) The total aggregate compensation (4) To the unmarried surviving grandpayable in any case under paragraph child or grandchildren, who were sup(a) of this section, for injury or death ported from the income of the deceased or both, shall not exceed the sum of or lived with him at the time of his death, $4,000, exclusive of medical costs. The share and share alike. maximum monthly rate of compensation (5) To the surviving grandparent or in any such case shall not exceed the

grandparents, who were supported from sum of $50.

the income of the deceased or lived with (16 F.R. 2059, Mar. 6, 1951)

him at the time of his death, share and § 25.25 Republic of Korea.

share alike.

(6) TO the unmarried surviving (a) The special schedule of compensa

brothers and sisters, who were supported tion established by Subpart B of this part

from the income of the deceased or lived shall apply, with the modifications or additions specified in paragraphs (b), (c)

with him at the time of his death, share

and share alike. and (d) of this section, as of December 1, 1954, in the Republic of Korea, and shall

(d) The compensation as determined be applied retrospectively in cases of

pursuant to this section of a spouse, a injury (or death from injury) occurring

child, & parent, a grandchild, a grandon and after such date. Compensation

parent, or a brother or a sister shall be in all cases pending as of May 1, 1957,

paid until the subsequent marriage or shall be readjusted accordingly, with

death of such beneficiary, but upon such credit taken in the amount of compen

subsequent marriage or death such comsation paid prior to such date. Refund

pensation shall terminate and thereafter of compensation shall not be required

compensation remaining unpaid which 1 the amount of compensation paid in

would have been paid to the beneficiary

had such entitlement continued shall be any case, otherwise than through fraud, misrepresentation, or mistake, and prior

payable to the surviving beneficiary or to May 1, 1957, exceeds the amount pro

beneficiaries, if any, of the same order of vided for under this section; and such

priority who are entitled to compensa

tion, share and share alike, or if there case shall be deemed compromised and paid under section 42 of the Federal Em

are remaining no beneficiaries of the ployees' Compensation Act, as amended.

same order of priority entitled to com(b) The total aggregate compensation

pensation then to the beneficiary or ben

eficiaries next entitled to priority pursupayable in any case under paragraph (a) of this section, for injury or death or

ant to paragraph (c) of this section: both, shall not exceed the sum of $4,000,

Provided, That whenever circumstances exclusive of medical costs. The maxi

prevent the payment of benefits to a mum monthly rate of compensation in

member of any of the classes of benefiany such case shall not exceed the sum ciaries enumerated above, the compensaof $50.

tion may be paid to the remaining sur

vivor or survivors of the same class or, death, 4133 per centum of the weekly pay If there are none, then to the survivor or until his death or remarriage. survivors of the next class in the order of (4) To the widow or widower, if there the precedence, to the extent circum is a child, compensation payable under stances permit such payment.

subparagraph (2) or (3) of this para(22 F.R. 3483, May 18, 1957, as amended at graph and, in addition thereto, 10 per 23 F.R. 3815, June 8, 1958]

centum of weekly wage for each child, § 25.26 Japanese seamen.

not to exceed a total of 6623 per centum

for such widow or widower and children. (a) (1) The special schedule of com If a child has a guardian other than the pensation established by Subpart B of surviving widow or widower, the compenthis part shall apply, with the modifica sation payable on account of such child tions or additions specified in paragraphs shall be paid to such guardian. The (b) and (c) of this section, as of June 1, compensation of any child shall cease 1965, to injuries sustained outside the when he dies, marries, reaches the age of continental United States or Canada by 18 years, or, if over such age and indirect-hire Japanese seamen who are capable of self-support, becomes capaneither citizens nor residents of the ble of self-support. United States or Canada and who are (5) To the children if there is no employed by the Military Sea Transpor widow or widower, 4123 per centum of tation Service in Japan. Compensation such weekly pay for one child and 10 per in all cases pending as of June 1, 1965, centum thereof for each additional child, shall be readjusted accordingly, with not to exceed a total of 6623 per centum credit taken in the amount of compensa thereof, divided among such children tion paid prior to such date.

share and share alike. The compensa(2) Refund of compensation shall not tion of each child shall be paid until he be required if the amount of compensa dies, marries, reaches the age of 18, or, tion paid in any case prior to June 1, if over such age and incapable of self1965, otherwise than through fraud, mis support, becomes capable of self-support. representation, or mistake, exceeds the The compensation of a child under legal amount provided for under this section; age shall be paid to his or her guardian, and such case shall be deemed compro

if there is one, otherwise to the person mised and paid under 5 U.S.C. 8137. having the custody or care of such child, (b) The total compensation payable

for such child, as the Bureau in its disunder paragraph (a) of this section in cretion shall determine. cases other than those of permanent total

(6) To the dependent parents, dependdisability or death, shall not exceed the ent grandparents or dependent grandsum of $10,000, exclusive of medical costs. children, 4123 per centum of the weekly The maximum weekly rate of compensa

pay, share and share alike. The comtion in any case shall not exceed the sum

pensation to a parent, grandparent, or of $35 and the maximum wage on which

grandchild shall be paid only if there is compensation is calculated shall not ex

no widow, widower or child, but if there ceed $52.50 a week.

is a widow, widower or child entitled to (c) Paragraphs (a) through (j), in

compensation, there shall be paid so clusive, of $ 25.12 of the special schedule

much of such percentage for a parent, of compensation established by Subpart

grandparent, or grandchild, as when B of this part shall not be applicable to

added to the total of the percentages for any case under this section. In lieu

the widow, widower and children, will thereof, compensation for death shall be

not exceed a total of 6623 per centum of

such pay. as follows: (1) To the undertaker or other person

(7) If a deceased employee is not surentitled to reimbursement, reasonable

vived by an eligible widow, widower, funeral expenses not exceeding the equiv

child, parent, grandparent or grandchild,

there shall be paid to any other persons alent of two months' pay or $455, which

who were dependent upon the deceased ever is lower.

for support at the time of his death, 50 (2) To the widow, if there is no child,

per centum of the weekly pay for 312 4123 per centum of the weekly pay until weeks, share and share alike. her death or remarriage.

(8) The compensation of each bene(3) To the widower, if there is no child ficiary under subparagraph (6) of this and if wholly dependent for support upon paragraph shall be paid until he, if a the deceased employee at the time of her 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, i 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. (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)

SUBCHAPTER C-LONGSHOREMEN'S AND HARBOR WORKERS'

COMPENSATION ACT

PART 31-GENERAL ADMINISTRA.

TIVE PROVISIONS Bec. 81.1 General administrative provisions;

definitions; interpretation of stato

ute. 81.2 Establishment of compensation dis

tricts. 81.3 Report by employer of Injury or death. 31.4 Notice of injury or death. 81.5 Claims for compensation. 81.6 Notification of employer; action there

after by employer. 81.7 Withdrawal of claim for compensa

tion. 81.8 Prehearing conferences. 81.9 Preparation of record of hearing be

fore deputy commissioner. 31.10 Contents of record of hearing; issues. 31.11 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 compen

sation 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. 81.20 Maintenance for employees under.

going vocational rehabilitation. 31.21 Representatives of parties in interest

and fees for services. 81.22 Availability of records for inspection. 81.23 Employer's record of injury or death. 31.24 Transfer of cases.

Sec.
31.25 Assessment of civil penalties.
31.26 Agreed settlements.

AUTHORITY: The provisions of this part 31 issued under sec. 39, 44 Stat. 1442; 33 U.S.C. 939, unless otherwise noted.

SOURCE: The provisions of this Part 31 contained in Regulations under the Longshoremen's and Harbor Workers' Compensation Act, May 31, 1938, unless otherwise noted. Redesignated at 13 F.R. 7670, Dec. 10, 1948. 31.1 General administrative provi

sions; 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, 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, 1949– 1953 Comp., p. 1010; 64 Stat. 1271) (25 F.R. 10794, Nov. 15, 1960] $ 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 head.. quarters 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 and that part of the Sabine River between Texas and Louisiana, 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 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.

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