prescribed in section 9 of such act of September 7, 1916, as amended. All provisions of such act with respect to treatment, medical examinations, and payment of cost of transportation and expenses incident to such treatment or examinations, shall apply in cases of such injury.

(b) The regulations in Part 2 of this chapter, which govern the furnishing of medical treatment under such act of September 7, 1916, as amended, shall in so far as not inapplicable, and to the extent not modified in this section, apply with respect to the administration of paragraph (a) of this section.

(c) Where persons specified in § 61.1 are entitled to or may receive medical, surgical, hospital and other treatment, services, and care either by use of local facilities made available by a department or agency of the United States, or use of local or other facilities made available by contractors or other employers, such facilities may be used in lieu of the furnishing of such treatment, services and care under the provisions of this section, to the extent that provision has been made therefor. Upon termination of such treatment, services or care, a complete record of the injury and treatment furnished (prepared in the manner prescribed in § 2.10, of this chapter) should be filed in the same manner as is provided in §§ 61.7 and 61.8, so that such report may be included in the file containing the report of injury.

(d) Where medical, surgical or hospital treatment or care is necessary in any case coming within the purview of Title I of such Public Law, and it is not practicable to provide for such treatment or care in a manner consistent with the regulations in Part 2 of this chapter, or where such treatment or care is not otherwise available through use of such facilities as are referred to in paragraph (c) of this section, and in cases of an emergency nature or cases involving unusual circumstances, initial treatment or care may be furnished by the use of such facilities as may be available under the circumstances, and immediate report thereof should be made to the proper deputy commissioner or designated person authorized to receive reports of injury under § 61.8. Upon receiving such report such deputy commissioner or designated person shall make such further arrangements as may be necessary and as are practicable to have such treat

ment or care continued in conformity with paragraph (b) of this section.

(e) The following, other than the Bureau, without further authorization, have general authority to provide for the furnishing of medical, surgical, hospital and other treatment and care, including transportation and expenses thereof and physical examinations, as provided by such act of September 7, 1916, as amended, and under these regulations, provided the case is one within the jurisdiction of, or which has been transferred to, such person for processing:

(1) A deputy commissioner of the Bureau administering the act of August 16, 1941, as amended, or the person acting for the deputy commissioner.

(2) An officer or agent of the United States, or other person, designated by the Bureau, by administrative order, referred to in § 61.8 (a) (2), if serving under such designation in the locality in which the employee was employed or injury occurred, and if otherwise authorized to arrange for such treatment.

(f) The following, without further authorization, have limited authority to authorize limited medical treatment and care, as provided for by paragraph (d) of this section, pending authorization of further treatment and care by the Bureau or by a person referred to in paragraph (e) of this section:

(1) Any person referred to in § 61.8. (2) The employing contractor, subcontractor, or subordinate contractor, or his superintendent in charge or compensation representative, including the representative of the insurance carrier for any such employer.

(3) Any Government field representative, referred to in § 61.7 (c). Immediate report of medical treatment or care authorized hereunder should be submitted as provided in § 61.7 (c), and the physician or hospital furnishing the same should be advised that further treatment or care is subject to authorization, direction and control by an authorized representative of the Bureau provided by this part.

(g) Orthopedic or prosthetic appliances, such as artificial eyes, limbs, or removable denture will be provided only after approval by the Bureau. Section 2.9 of this chapter shall apply with respect to such appliances.

(a) Persons having general authority under this subchapter to request medical, surgical, hospital, and other treatment or care, will use the forms provided for by Part 2 of this chapter, relating to furnishing of medical treatment under such act of September 7, 1916. These forms will be furnished, or supplied upon request, with administrative instructions relating to their use. There should be written or stamped at the top of such forms, in large letters, the words "War-Injury Claim.”

(b) Persons having limited authority under this subchapter to request such treatment and care should use such forms, if available; otherwise, such request may be made by letter, addressed to the person or hospital furnishing the services, of which a copy will be retained and transmitted to the representative of the Bureau to whom report of injury is sent. Such letter should advise the physician as provided in § 61.12 (f). § 61.14 Transportation of recovered bodies of missing persons.

(a) In the case of death of a person coming within the purview of section 101 (b), Title I, of such Public Law, and § 61.1, while such person is missing or absent as therein specified, and his body is thereafter recovered, the body of such person shall, in the discretion of the Bureau, and if so desired by his next of kin, his near relative, or legal representative, be embalmed and transported in a hermetically sealed casket or other appropriate container to the home of the deceased, or to such other place as may be designated by such next of kin, near relative, or legal representative. In the case of any such person missed from the place of his employment, due to belligerent action of an enemy, or taken by an enemy (as specified in section 101 (b) (1) (A) and (B) of such Public Law), such preparation and transportation may be authorized: Provided, That at the time of death (not resulting from a warrisk hazard) such person had not been repatriated. The term "repatriated" as used in this section, with respect to such person shall be deemed to mean returned to the United States or country of his residence or domicile. A person shall be deemed to have been repatriated within the meaning of this paragraph upon his having returned to continental United States (or Alaska or Canada) if his last

residence or domicile was there, upon his return to the Territory or possession of the United States wherein he last maintained residence or domicile, or upon return to the country (or possession of such country) wherein he last maintained residence or domicile. In case of the death of such person after such repatriation, where death is due to warrisk hazard and occurred away from his home, such preparation and transportation shall be provided and the body shall be delivered to the home of such person or to such other place as may be designated by such next of kin, near relative or legal representative. No expenses may be incurred under this section after transportation and delivery of the body has been accomplished. Funeral or other expenses in connection with burial are not provided for hereunder and are not payable with respect to the disposition of the body of such person, unless the death resulted from war-risk hazard, in which event the provisions of § 61.15 relating to such expenses are also applicable.

In

(b) In the case of any such person who 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 (where the furnishing of such transportation was an obligation of the United States or such contractor), and the death of such person occurs away from his home and while thus absent, the provisions of paragraph (a) of this section shall apply, except that such person shall not be deemed to have been repatriated until he has returned to his home or to the place where he was employed. determining benefits accruing to such person not returned because of such failure of transportation, under the provisions of section 101 (b), Title I, of such Public Law, and § 61.1 (b), such person shall be regarded as totally disabled until the date he has returned to his home or to the place of his employment: Provided, That in the event such person fails, refuses, or neglects to return to his home or to the place of his employment after he has been afforded opportunity to do so, compensation accruing under such section 101 (b), on account of such absence, shall cease to accrue as of the date when he might otherwise have departed for home or place of employment, and, should death thereafter occur, the provisions of paragraph (a) of this sec

account of detention by the enemy or on account of injury or death arising from a war-risk hazard;

such employer, carrier, or fund shall be entitled to be reimbursed for all benefits so paid or payable, including funeral and burial expenses, medical, hospital, or other similar costs for treatment and care; and reasonable and necessary claims expense in connection therewith.

(b) No reimbursement shall be made in any case in which the Bureau finds that the benefits paid or payable were on account of injury, detention, or death which arose from a war-risk hazard for which a premium (which included an additional charge or loading for such hazard) was charged; or where an insurance carrier has been compensated by its premium charge for the risk which it has assumed; or where the claimant has been reimbursed, paid, or compensated for the loss for which reimbursement is claimed.

(c) Reimbursement under this section, with respect to benefits, shall be made only of amounts which will discharge such liability or obligation as arises under applicable workmen's compensation law or pursuant to the terms of the applicable contract. § 62.2

Claims for reimbursement.

of

(a) Claims for reimbursement benefits and expense shall be made upon a form which the Bureau has prescribed, shall be signed and sworn to by the person, firm, or corporation entitled to reimbursement or the duly authorized representative of such person, firm, or corporation, and shall be filed with the Bureau of Employees' Compensation, United States Department of Labor, Washington 25, D.C. Where the claimant is a corporation, or an agency authorized by the law of a State or other political jurisdiction, such corporation or agency shall advise the Bureau of the name and designation of its officer or officers authorized to execute such claims.

(b) Such claims shall contain a schedule showing the names and addresses of the persons to whom or on whose account benefits, payments, or expenses have been paid. In such schedule with respect to such persons there shall be stated the nature of the payment made; that is, whether for workmen's compensation benefits paid under any applicable law or for benefits under such agreements as are referred

to in § 62.1. In the cases of such persons as are named in such schedule, the purpose of such payments shall be stated; that is, whether for compensation or benefits for disability or death, for medical, hospital or other similar costs for treatment and care, for funeral and burial expenses, for failure of the United States or the contractor to furnish transportation, for detention of an employee by the enemy, or for such other purpose within the purview of § 62.1. Expenses classed as reasonable and necessary claims expense in connection with the handling of such cases may be included in such claim, as provided for by § 62.5. With respect to each case listed in such schedule, where injury or death is involved, the cause thereof shall be stated; if payment is on account of detention or failure to furnish such transportation, the facts in relation thereto shall be stated.

(c) All payments as listed in such schedule shall be itemized, with identity of the payee shown. If necessary in specific cases listed in such schedule, where payments have been made to numerous payees, a supplementary sheet, properly identified, as an exhibit to the case or cases, may be used to show items and payees. Each item in excess of $10, with respect to which reimbursement is claimed in any claim shall be supported by a sufficient receipt signed by the payee showing that the amount claimed has been paid and the date thereof and the purpose of payment. Where a payee fails or refuses to furnish such receipt upon request therefor, in lieu of such receipt the Bureau may accept the certificate of the person claiming reimbursement that the item has been paid as claimed (such certificate identifying the payee and service rendered or benefit paid) and that receipt has been requested, but that the payee has failed or refused to furnish same, and that a canceled check covering the payment is in the claimant's possession. The Bureau may also accept such certificate where for other satisfactory reason such receipt can not be obtained; or the Bureau may accept other satisfactory evidence of payment. The Bureau reserves the right, when satisfactory receipts have not been furnished, to examine the vouchers, canceled checks, and other evidence of payment in the possession of the claimant. All supplementary sheets, as above referred to, receipts for items paid, and certificates in lieu of receipts,

or other evidence, shall be marked with the case number appearing in the schedule (as provided in paragraph (d) of this section), the case name, as listed in such schedule, and identified as exhibits to the respective cases and lettered alphabetically with respect to each case.

(d) Where claim for reimbursement includes more than one case, the schedule attached thereto (referred to in paragraph (b) of this section) shall be arranged alphabetically and cases shall be numbered consecutively in the schedule. Each separate claim of an employer, insurance carrier, or compensation fund shall be numbered consecutively for prompt identification. Claimants shall make and retain a copy of the claim and accompanying schedule.

(e) In the schedule provided for in paragraph (b) of this section, there shall be set forth, in relation to each case as listed, a reference to the workmen's compensation law or agreement under which payment was made, sufficiently identifying the applicable law and section thereof pertaining to the separate amounts listed for reimbursement. Where payment was made pursuant to an award or settlement agreement under such applicable law, a copy of the award or agreement shall be attached as an exhibit to the case. Where continued payments have been made under an award or agreement, copy of which has been furnished by the claimant in connection with a prior claim, further copy thereof need not be furnished in connection with a later claim for reimbursement involving the same case. Sufficient reference thereto should be given to facilitate identification. Where an award or agreement has been modified, evidence of such modification should be submitted in applicable cases. Copies of awards under any law administered by the Bureau need not be attached, but reference thereto may be made in the schedule or in a separate sheet marked as a case exhibit. In all cases where an insurance carrier is a claimant, it shall attach as a case exhibit a copy of the insurance contract under which its liability or obligation has accrued. Where payment was made pursuant to a contract or agreement between the United States and the contractor, a copy of such contract, or a sufficient excerpt therefrom or information sufficient to enable the Bureau to obtain a copy or excerpt thereof, including a copy of the applicable insurance contract issued

thereunder, if any, shall be furnished as a case exhibit to the case or cases to which it applies. Such contract or excerpt should be supplemented by an explanatory statement of the claimant, or by other supporting papers, if the liability of the claimant for the payment with respect to which reimbursement is claimed is not otherwise clearly apparent. Where liability of an employer, insurance carrier or compensation fund has accrued in more than one case, copies of insurance contracts, awards or settlement agreements, or other agreements or contracts (or excerpts) relied upon as basis for reimbursement need be furnished to the Bureau only once as a case exhibit; thereafter, in other cases in the same reimbursement claim, or in future reimbursement claims, reference thereto may be made sufficiently identifying the case name, number upon claim schedule, and number and date of the claim (if the exhibit accompanied an earlier claim).

(f) Claims for reimbursement shall be filed quarterly; that is, as of the first of January, April, July, and October, unless otherwise authorized by the Bureau.

(Sec. 104, 56 Stat. 1031; 42 U.S.C. 1704; 1950 Reorg. Plan No. 19, § 1, 3 CFR, 1949-1953 Comp., p. 1010; 64 Stat, 1271) [8 F.R. 6811, May 25, 1943, as amended at 25 F.R. 10795, Nov. 15, 1960]

§ 62.3 Approval of claims.

(a) If upon examination and audit of a claim under this part the Bureau finds that insufficient or inadequate information or proof has been supplied with the claim, further information or proof shall be submitted as required by the Bureau, and failure to supply available information and proof, upon request, may result in disallowance of items not adequately supported as justly reimbursable.

(b) No item shall be approved for reimbursement with respect to which there has been failure by the claimant to justify such item as a liability or obligation of such claimant arising under the provisions of applicable workmen's compensation law or under the provisions of an agreement or contract relied upon as basis for such liability. Claims for reimbursement for funeral and burial expenses, medical, hospital, or other similar costs for treatment and care, or other necessary expenses, shall be approved only to the extent that they have been shown to be reasonable, and unreasona

tion shall not be applied in his case, unless the Bureau shall find that refusal to return was justified.

§ 61.15 Burial expenses.

(a) When the death of a person specified in section 101(a), Title I, of such Public Law, and § 61.1(a), results from an injury proximately caused by a war-risk hazard, the Bureau may in its discretion pay reasonable burial expenses in an amount not to exceed $200 as provided by section 9 of such Longshoremen's and Harbor Workers' Compensation Act: Provided, That if any part of the burial expense has been paid by any other agency of the United States, or by any person under obligation to discharge burial expenses, payment hereunder shall not exceed the difference between the amount so paid and $200, if the expense is actually incurred. Payment will be made (1) direct to the undertaker, (2) to the estate of the deceased if the estate is obligated to make payment, or (3) to any person who has paid such burial expenses and is entitled to such reimbursement.

(b) In case of death of such person whose home is within the United States, and death resulted from injury proximately caused by a war-risk hazard and occurred away from his home, or outside the United States, and if so desired by his relatives, the body shall, in the discretion of the Bureau, pursuant to section 11 of such act of September 7, 1916, be embalmed and transported in a hermetically sealed casket to the home of the employee, and the reasonable and necessary expenses of such embalming and transportation shall be in addition to the amount, if any, allowed for burial expenses under paragraph (a) of this section. The term "United States" as used in this paragraph shall mean continental United States, or any Territory or possession of the United States. § 61.16 Persons authorized to provide preparation of body, transportation and burial expenses.

(a) Incurring and paying of expenses for embalming and transportation of bodies, and funeral and burial expenses, as provided under §§ 61.14 and 61.15, is authorized with respect to the following:

(1) Deputy commissioners, and persons acting for such deputy commissioners, authorized by § 61.8 (a) (1) to receive reports of injury or death, if the case is within the jurisdiction, for processing, of such deputy commissioner.

(2) Officers or agents of the United States, or other person designated by the Bureau, authorized by § 61.8 (a) (2) to receive reports of injury or death, if authorized by administrative order, and jurisdiction with respect to the case otherwise exists under administrative order.

(3) The Bureau at its principal of

fice.

(b) Persons authorized under paragraph (a) of this section to provide for preparation and transportation of bodies, and payment of burial expenses, will exercise such authority only in cases of death from war-risk hazard which arise within the area in which they represent the Bureau. If deaths from such cause occur within their respective jurisdictions in cases which are subject to processing by a representative of the Bureau in another area, the Bureau's authorized representative in that area should be informed immediately in order that he may give advice with respect to the disposition of the remains; if this is impracticable, the Bureau at its principal office may be informed directly in order that it may furnish proper advice. Full information should be given by the representative seeking such advice, showing the basis for the application of such benefits in the particular case. In cases

of detained persons, where such cases are within the purview of section 101 (b) (1) and (3), Title I, of such Public Law, and 61.14, authority to incur expense for preparation and transportation of bodies is subject to prior approval by the Bureau, which should be requested immediately, and all payments for such services will be made by the Bureau.

(c) Where circumstances in particular cases prevent compliance with the regulations in this section and prevent timely receipt of authority to prepare or transport remains, and in cases of an emergency nature, the following, without further authorization, shall have authority to incur reasonable and minimum necessary expenses of embalming (or other necessary preparation of remains), of providing appropriate container, and of transportation of the body, of any person whose death occurs under circumstances giving rise to the application of the provisions of such Public Law and these regulations relating to preparation and transportation of bodies:

(1) Any person referred to in § 61.8.