(b) Copies of compensation orders shall be served personally or by registered mail upon the claimant, the employer and the insurance carrier at the last known address of each.

§ 41.12 Contents of findings of fact.

(a) All original compensation orders shall contain, in the paragraph headed "findings of fact", findings with respect to the names and addresses of the parties in interest, the date and place of injury or alleged injury, the circumstances surrounding the accident or alleged accident, the nature and extent of the injury or alleged injury, notice of injury or death, the average weekly wage and such other facts as may be necessary to determine all of the issues raised before the deputy commissioner upon the hearing of the case or otherwise, but in case of rejection of the claim the deputy commissioner may in his discretion omit any finding unnecessary to support such action. In all death cases the dates of birth of each claimant shall be found in the compensation order; in such cases involving aliens, findings with respect to such alienage shall be made. In cases in which the claim is rejected, the ground for such rejection shall be stated in a paragraph following the findings of fact. Where failure to give notice of injury or death is excused pursuant to the provisions of section 12 (d) of said act (44 Stat. 1432; 33 U. S. C. 912 (d)), the fact of such excuse together with the ground thereof shall be stated in the compensation order.

(b) In compensation orders other than the original order the statement of the basis for the order shall contain reference to all prior compensation orders with the dates thereof. In such orders the findings of fact shall relate only to the immediate issues before the deputy commissioner, without restatement of facts found in any prior compensation order relating to the same injury or death, unless necessary for the completeness of the compensation order.

(c) Findings of fact shall be stated positively; that is, without equivocation or qualification. All ultimate facts necessary to support the action of the deputy commissioner shall be found. Recitals of evidence, statements of opinion, and citations to authorities shall be avoided in a compensation order.

(d) The findings of fact may contain, in addition to the ultimate facts necessary to support the action of the deputy

(a) In any case in which the employer or insurance carrier is in default in the payment of compensation, due under any award of compensation, for a period of 30 days after the compensation is due and payable, the person to whom such compensation is payable may, within 1 year after such default, make application in writing to the deputy commissioner for a supplementary compensation order declaring the amount of the default. As a part of the procedure prescribed in section 18 of said act (44 Stat. 1434; 33 U. S. C. 918), the deputy commissioner shall serve notice upon the employer or insurance carrier of such application and at the same time shall call upon such employer or carrier for submission to the deputy commissioner, under the provisions of section 14 (1) of said act (44 Stat. 1434; 33 U. S. C. 914 (1), of evidence of the payment of compensation, in the form of receipts or otherwise, for inspection by the deputy commissioner. This evidence or copies or transcripts thereof may be incorporated in the record of the case as basis for action upon the application.

(b) Such a supplementary compensation order shall show (1) as the basis for the order a recital relative to the application and date thereof, (2) a recital that upon due notice to the parties in interest an investigation or hearing with respect to the application was had or made, or that no hearing was applied for or deemed necessary by the deputy commissioner, (3) a recital, in the findings of fact, of the fact and date of filing of the compensation order upon which the application is based, quoting the award paragraph thereof, (4) a finding that the employer and insurance carrier failed to comply therewith (in whole or in part as found by the deputy commissioner), (5) a finding that a stated aggregate amount of compensation covering a stated period of disability was not paid within 30 days after it became due and payable under the award, and is, therefore, declared to

be in default for more than 30 days, (6) (in the discretion of the deputy commissioner as indicated in said section 18) a recital that as provided under section 18, the whole of the award, namely, $

(which will be the sum of all the installments as found in the prior compensation order), is declared in default, and (7) (when applied for) a further recital that compensation in the sum of $.

was not paid within 10 days after it became due under the terms of the award, and that therefore pursuant to the provisions of section 14 (f) there is due and payable to the claimant by the employer and carrier 20 percent of such sum, or the sum of $‒‒‒‒‒‒, which is in addition to such compensation. The findings of fact shall be followed by an award embodying the action of the deputy commissioner, and the statement relating to proof of service as provided for compensation orders in § 41.11.

§ 41.14 Interlocutory matters to be disposed of without formal orders. Compensation orders or other formal orders shall not be made or filed with respect to interlocutory matters of a procedural nature arising during the pendency of a compensation case.

a

$ 41.15 Application for review of compensation case for modification of award; procedure.

(a) Every application to the deputy commissioner for review of a compensation case for modification of an award shall state specifically the ground or grounds under section 22 of said act (44 Stat. 1437; 33 U.S.C. 922) upon which the applicant relies, with the particulars in respect of the application of such ground or grounds in his case. Such application shall be supported by medical reports, affidavits or other appropriate evidence. Such applications and supporting papers shall be submitted in duplicate so that one copy thereof may be transmitted to the opposing party. Both original and duplicate shall be signed by the applicant and by his attorney or representative if he has one, and the duplicate shall be transmitted by the deputy commissioner to the opposing party.

(b) The procedure in respect of an application for review of a compensation case for modification of an award shall be the same as that prescribed in respect of claims in section 19 of said act (44 Stat. 1435; 33 U.S.C. 919).

§ 41.16 Commutation of payments.

Applications for commutation of future payments of compensation shall be made to the deputy commissioner on the form provided by the Bureau for that purpose. If the deputy commissioner determines that an award of a lump sum payment of such compensation would be in the interest of justice, he shall submit such application, together with the reasons in support of such determination, to the Bureau for its consideration. Commu

tation of such payments will be approved in disability cases only where the quality of the disability is permanent or the compensation period is determinable and will be made only in cases in which a compensation order has been filed which finds the character and quality of the disability. Commutation of death benefits will be approved in death cases only when it appears that the rights of all probable or potential beneficiaries have been determined and after a compensation order has been filed fixing the right of the beneficiary on whose behalf such compensation is sought. The computation of all commutations of such compensation will be made by the Bureau and for such purpose the deputy commissioner shall transmit his file in the particular case. For this purpose the deputy commissioner shall ascertain and furnish to the Bureau the date of birth of the person on whose behalf commutation is sought, as well as the date upon which such commutation shall be effective.

59

§ 41.17 Same; aliens not residents or about to become non-residents. Applications under section 9(g) of said act (44 Stat. 1430; 33 U.S.C. 909 (g)) for commutation of future payments of compensation awarded to aliens not residents (or about to become non-residents) of the United States or Canada shall be made to the deputy commissioner, who shall in turn transmit such application promptly to the Bureau. Such commutation shall be made as of the date such application is received by the deputy commissioner, or such later date as the application may show to be proper. No such commutation shall be made with respect to a person journeying abroad for a visit who has previously declared a definite intention to return and has stated a time for returning. No such commutation shall be made except upon

of the injured employee, the deputy commissioner shall transmit to the Bureau a copy of the proposed agreed settlement, together with a statement of his recommendation to such effect. The deputy commissioner shall transmit to the Bureau his complete file in the case. If the disability as found in the last compensation order filed in the case is not of such character and quality as to bring the case within the purview of section 8 (c) (21) or section 8 (e), the deputy commissioner shall file a compensation order making necessary findings of fact relative to the character and quality of disability and to the current wageearning capacity of the employee. If such course is not practical, the deputy commissioner may in his communication advise the Bureau with respect to the probable character and quality of disability according to the most recent evidence received and shall inform the Bureau of the probable current wageearning capacity of the employee. With such recommendation the deputy commissioner shall submit such other information as may bear upon the advisability of approving the agreed settlement.

(d) Section 8 (i) was intended to furnish a legal basis for agreement as to the payment of compensation for probable future disability, principally in cases in which the symptoms of disability are largely subjective, the extent of loss of wage-earning capacity due to such disability is difficult to determine, and where the compensation rate is likely to fluctuate and be subject to change over long periods of time. This section was not intended to furnish generally a basis for the settlement of claims or as a mere convenience in disposing of cases. [4 F.R. 1700, Apr. 27, 1939]

Report; by whom sent.

42.17 42.18

42.16

Agreement to be bound by card report. Name of one employer only shall be reported on one card.

AUTHORITY: The provisions of this Part 42 issued under sec. 39, 44 Stat. 1442, 45 Stat. 600; 33 U.S.C. 939, 36 D.C. Code 501, 502, unless otherwise noted.

SOURCE: The provisions of this Part 42 contained in Regulations under the District of Columbia workmen's compensation law, May 31, 1938, unless otherwise noted. § 42.1 Types of companies which may be authorized by the Bureau.

The Bureau will consider for the granting of authority to write insurance under the District of Columbia workmen's compensation law (45 Stat. 600; 19 D.C. Code 11, 12) the application of any stock company, mutual company or association, or any other person or fund, while authorized under the laws of the United States or of any State to insure workmen's compensation. The term "carrier" as used in this part means any person or fund duly authorized to insure workmen's compensation benefits under said act (44 Stat. 1424; 33 U.S.C. Chapter 18).

§ 42.2 Applications for authority to write insurance; how filed; evidence to be submitted; other requirements. An application for authority to write insurance under this law shall be made in writing, signed by the principal officer of the applicant duly authorized to make such application, and transmitted to the Bureau of Employee's Compensation, United States Department of Labor. Such application shall be accompanied by full and complete information regarding the history and experience of such applicant in the writing of workmen's compensation insurance, together with evidence that it has authority in its charter or form of organization to write such insurance, and evidence that the applicant is currently authorized to insure workmen's compensation liability under

the laws of the United States or of any State. The statements of fact in each application and in the supporting evidence shall be verified by the oath of the officer of the applicant who signs such application. Whether or not expressly stated in such application, every such application shall be deemed to have included in it the agreement of the applicant to be bound by the regulations of the Bureau under said law. Every certificate of authority to write such insurance, issued under § 42.6, shall be deemed to have been issued by the Bureau to an applicant under the regulations in this subchapter upon consideration of the applicant's agreement to be bound by the regulations of the Bureau under said law. In connection with any such application the following shall be submitted, the Bureau reserving the right to call for such additional information as it may deem necessary in any particular case:

(a) A copy of the last annual report made by the applicant to the insurance department or other authority of the State in which it is incorporated, or to the insurance department of the District of Columbia, or the State in which its principal business is done.

(b) A certified copy from the proper authority of the State in which applicant is incorporated, or of the Superintendent of Insurance of the District of Columbia, of the paper purporting to show the action taken upon such report, or such other evidence as the applicant may care to submit in respect of such report, which may obviate delay incident to an inquiry by the Bureau of such authorities relative to the standing and responsibility of the applicant; and the certificate of the Superintendent of Insurance of the District of Columbia that applicant has been duly authorized to write insurance in the District of Columbia.

(c) If not otherwise shown, the applicant shall furnish a full and complete statement of its financial condition, and, if a stock company, shall show specifically its capital stock and surplus.

(d) A copy of its charter or other formal outline of its organization, its rules, its by-laws, and other documents, writings, or agreements by and under which it does business, and such other evidence as it may deem proper to make a full exposition of its affair and financial condition.

§ 42.3

Stock companies holding Treasury certificates of authority.

A stock company furnishing evidence that it is authorized to write workmen's compensation insurance under the laws of the United States or of any State, which holds a certificate of authority from the Secretary of the Treasury as an acceptable surety on Federal bonds, unless requested to do so, need not transmit to the Bureau with its application copies of such financial reports as are on file in the Department of the Treasury. The acceptance by said Department of such a company will be considered by the Bureau in conjunction with the application of such company provided there has been compliance with the other requirements of the regulations in this subchapter. § 42.4 Applicants currently authorized to write insurance under the Longshoremen's and Harbor Workers' Compensation Act.

Any applicant currently authorized by the Bureau to write insurance under the Longshoremen's and Harbor Workers' Compensation Act, which has been authorized by the Superintendent of Insurance for the District of Columbia to write insurance in the District of Columbia, need not support its application with the evidence required by the regulations in this subchapter, except the form of policy and endorsement which it proposes to use, unless specifically requested by the Bureau, but instead its application may refer to the fact that it has been so authorized.

§ 42.5 Copies of forms of policies to be submitted with application.

With each application for authority to write insurance there shall be submitted for the approval of the Bureau copies of the forms of policies which the applicant proposes to issue in writing insurance under the said law, to which shall be attached the District of Columbia endorsement to be used in connection therewith as provided for in § 42.9.

§ 42.6 Certificate of authority to write

insurance.

No corporation, company, association, person, or fund shall write insurance under said law without first having received from the Bureau a certificate of authority to write such insurance. The Bureau may suspend or revoke any such certificate prior to its expiration, for good cause shown, after a hearing if ap

plied for or deemed necessary, but no suspension or revocation shall affect the liability of any carrier already incurred. § 42.7 Period of certificate of authority.

No certificate of authority to write insurance under said law and the regulations in this subchapter shall be issued by the Bureau for a period in excess of 18 months and the expiration date thereof, which shall be stated in the certificate of authority, shall fall on the 30th day of June.

§ 42.8 Applications for reauthorization.

Any carrier holding an unexpired certificate of authority and desiring reauthorization to write insurance for the period of a year from the expiration of such certificate shall apply to the Bureau by letter over the signature of its principal officer for such a certificate of authority. No evidence of the financial condition of such carrier need be furnished in support of such application unless requested by the Bureau after the application is received. The Bureau may require such carrier to submit for the Bureau's consideration in connection with such reauthorization evidence or explanation relating to the experience and practice of such carrier in the conduct of its affairs with respect to the said law or with reference to the fidelity and punctuality of the performance by such carrier of its past or current obligations under the law. Such application, to avoid a break in the period of authorization of the carrier to write such insurance, should be filed with the Bureau not later than May 15 of each year.

§ 42.9 District of Columbia endorse

ment.

(a) The following form of endorsement applicable to the standard workmen's compensation and employer's liability policy, shall be used with the form of policy approved by the Bureau for use by an authorized carrier:

For attachment to Policy No.

The obligations of paragraph one (a) of the policy include the District of Columbia Workmen's Compensation Act, being Public Act No. 419 of the 70th Congress, approved May 17, 1928, and the applicable provisions of the Longshoremen's and Harbor Workers' Compensation Act, being Public Act No. 803 of the 69th Congress approved March 4, 1927, and all laws amendatory of either of said Acts or supplementary thereto which may be or become effective while this policy is in force.

The Company will carry out the provisions of section 35 of the Longshoremen's and

Harbor Workers' Compensation Act made applicable by said Public Act No. 419 of the 70th Congress. Insolvency or bankruptcy of the employer and/or discharge therein shall not relieve the Company from payment of compensation and other benefits lawfully due for disability or death sustained by an employee during the life of the policy. The Company agrees to abide by all the provisions of said District of Columbia Workmen's Compensation Act and all lawful rules, regulations, orders, and decisions of the Bureau of Employees' Compensation, Federal Security Agency and of the deputy commissioner for the District of Columbia having jurisdiction unless and until set aside, modified, or reversed by a court having jurisdiction of the parties and the subJect matter.

This endorsement shall not be canceled prior to the date specified in this policy for its expiration until at least thirty days have elapsed after a notice of cancelation has been sent to the Deputy Commissioner for the District of Columbia, and to this employer.

Reference to the law of any State in Conditions B and D of this policy are hereby declared to include, for the purpose of this endorsement only, the provisions of the District of Columbia Workmen's Compensation Act.

(b) The following paragraphs, or any of them, may at the option of the insurer be included in the form of endorsement which is provided above. No other provision, alteration of any prescribed provision, or alteration of any optional provision shall be made or used in any such endorsement except after submission to the Bureau and its specific approval thereof.

If this employer is a contractor the subject of whose contract includes operations covered by this policy and he shall subcontract all or any part of such contract to one or more subcontractors, the remuneration of all the direct employees of all such subcontractors shall be included in the return of remuneration under the provisions of this policy upon which premium is computed. Such remuneration so reported shall be considered the remuneration of employees of this employer and shall in all instances be governed by the same terms, conditions, requirements, and obligations of the policy as the remuneration of the direct employees of this employer. The requirements of this paragraph shall not apply as respects any such subcontractor who has secured compensation for his direct employees as required by the District of Columbia Workmen's Compensation Act, but this employer shall not claim the benefit of this exemption unless and until he shall satisfy the Company by certificate or otherwise that any such subcontractor has legally secured the payment of compensation to his own direct