(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 December 8, 1941, in Australia, is all cases of injury (or death from injury) which occurred between December 8, 1941, and December 31, 1961, inclusive, and shall be applied retrospectively in all such cases of injury (or death from injury). Compensation in all such cases pending as of July 15, 1946, 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 such case, otherwise than through fraud, mispresentation, or mistake, and prior to July 15, 1946, exceeds the amount provided for under this paragraph; and such case shall be deemed compromised and paid under 5 U.S.C. 8137.

(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) The benefit amounts payable under the provisions of the Commonwealth Employees' Compensation Act 19301964, Australia, shall apply as of January 1, 1962, in Australia, as the exclusive measure of compensation in cases of injury (or death from injury) occurring on and after January 1, 1962, and shall be applied retrospectively in all such cases occurring on and after such date: Provided, That the compensation payable under the provisions of this paragraph shall in no event exceed that payable

under the Federal Employees' Compensation Act.

(5 U.S.C. 8137, 8138, 8145, 8149; Reorganization Plan No. 19 of 1950 (64 Stat. 1271, 3 CFR, 1949-1953 Comp., p. 1010); and General Order No. 46 (Rev.), 24 F.R. 8472) [32 F.R. 10567, July 19, 1967]

§ 25.23 Non-citizen employees of Office of Strategic Services and Strategic Services Unit.

(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, to non-citizen and nonresident employees of the Office of Strategic Services and Strategic Services Unit, War Department, as of December 7, 1941, and shall be applied retrospectively, in cases of injury (or death from injury) occurring on or after such date. Compensation in all cases pending December 1, 1947, shall be readjusted accordingly, with credit taken in any 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 December 1, 1947, 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 $5,000, exclusive of medical costs. The maximum monthly rate of compensation in any case shall not exceed the sum of $50. The compensation of a parent, brother, sister, grandparent or grandchild shall be paid for a period of eight years from the time of death, unless before that time he, if a parent or grandparent, dies, marries, or ceases to be dependent, or, if a brother, sister, or grandchild, dies, marries, or reaches the age of 18 years, or, if over 18 years and incapable of selfsupport, becomes capable of self-support. The commutation of compensation in case of injury shall be made as of the date of the injury, and in case of death, as of the date of death.

§ 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.

[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 66% 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.

(6) To the unmarried surviving 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 sur

vivor 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.

[22 F.R. 3483, May 18, 1957, as amended at 23 F.R. 3815, June 8, 1958]

§ 25.26 Japanese seamen.

(a) (1) The special schedule of compensation established by Subpart B of this part shall apply, with the modifications or additions specified in paragraphs (b) and (c) of this section, as of June 1, 1965, to injuries sustained outside the continental United States or Canada by direct-hire Japanese seamen who are 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.

(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 $10,000, exclusive of medical costs. The maximum weekly rate of compensation in any case shall not exceed the sum of $35 and the maximum wage on which compensation is calculated shall not exceed $52.50 a week.

(c) Paragraphs (a) 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 as follows:

(1) To the undertaker or other person entitled to reimbursement, reasonable funeral expenses not exceeding the equivalent of two months' pay or $455, 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 66% 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, 413 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 663 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.

(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]

PART 31-GENERAL ADMINISTRA

Sec. 81.1

31.2

81.8

31.4

31.5

31.6

81.7

31.8

31.9

TIVE PROVISIONS

General administrative provisions; definitions; interpretation of statute.

Establishment of compensation dis-
tricts.

Report by employer of injury or death.
Notice of injury or death.
Claims for compensation.

Notification of employer; action there-
after by employer.

Withdrawal of claim for compensation.

Prehearing conferences.

Preparation of record of hearing before 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.

31.16 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. 81.20 Maintenance for employees undergoing vocational rehabilitation. 31.21 Representatives of parties in interest and fees for services.

31.22 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]

§ 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.