or, unless special circumstances require a different procedure. The official superior should when it is practicable furnish to all persons likely to be entitled to compensation for death of an employee Form C.A. 5 with information as to the use of the form for making claim for compensation and the procedure in respect of filing such form, advising the Bureau of such fact. The furnishing of assistance in preparing such form or in obtaining evidence relating to the claim shall be without charge by the official superior. Any claim or paper purporting to claim compensation on account of death, submitted to the deceased employee's former official superior, shall be transmitted promptly to the Bureau. No compensation shall be paid on account of death if it is not so claimed within 1 year after the death. Failure to give notice of injury or file claim for compensation for disability or death within the time and in the manner described in §§ 1.2, 1.4, and in this section shall not bar the claim of any person thereunder if such claim is filed within 5 years after the injury or death if the Bureau shall find (a) that such failure was due to circumstances beyond the control of the person claiming benefits, or (b) that such person has shown sufficient cause or reason in explanation thereof, and material prejudice to the interest of the United States has not resulted from such failure.

[35 F.R. 1285, Jan. 31, 1970]

§ 1.14

Continuance of compensation on account of death.

(a) A beneficiary to whom an award of compensation has been made on account of an employee's death, pursuant to his original claim, shall submit to the Bureau additional claims for continuance of compensation to be filed once each year. Form CA-12 is provided by the Bureau for this purpose, and will be sent to the beneficiary when an additional claim is required. Failure to submit the form may result in suspension of compensation.

(b) A beneficiary to whom an award of compensation has been made for a child, brother or sister, or grandchild after he has reached the age of 18 because he continues to regularly pursue a full-time course of study or training shall furnish, when so required by the Bureau, proof of continuing entitlement

to such compensation. Failure to submit the proof may result in suspension of compensation.

(c) Compensation payable on behalf of a child, brother or sister, or grandchild under 5 U.S.C. 8133, which would otherwise be terminated because such individual reached 18 years of age, shall be continued if he is a student at the time he reaches age 18 for so long a period as he continues as a student or until he marries. He shall be considered a student while he is regularly pursuing a full-time course of study or training at an institution which is

(1) A school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision

thereof, or

(2) A school or college or university which has been accredited by a State or by a State-recognized or nationally recognizance accrediting agency or body, or

(3) A school or college or university not so accredited but whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited,

or

(4) A technical, trade, vocational, business, or professional school accredited or licensed by the Federal, or a State government or any political subdivision thereof providing courses of not less than 3 months duration, that prepare the child for a livelihood in a trade, industry, vocation, or profession; but not after he reaches the age of 23 or has completed 4 years of education beyond the high school level, except that, where his 23d birthday occurs during a semester or other enrollment period, he shall continue to be considered a student until the end of such semester or other enrollment period. A child shall not be deemed to have ceased to be a student (1) during any interim between school years if the interim does not exceed 4 months and he shows to the satisfaction of the Bureau that he has a bona fide intention of continuing to pursue a full-time course of education or training during the semester or other enrollment period immediately following the interim or (2) during periods of reasonable duration during which, in the judgment of the Bureau, he is prevented by factors beycad his control from pursuing his education. [32 F.R. 2699, Feb. 9, 1967]

§ 1.15 Termination of right to compensation for death.

When a beneficiary who is receiving compensation on account of death ceases to be entitled to such compensation by reason of marrying, reaching the age of 18, ceasing to be dependent, or ceasing to be a student, or becoming capable of selfsupport, he or someone in his behalf shall immediately notify the Bureau of the fact. If such beneficiary receives a check which includes payment of compensation for any period after the date when he ceased to be entitled to it, for any of the above reasons, he shall promptly return it to the office from which it was received. [32 F.R. 2700, Feb. 9, 1967]

§ 1.16 Change in status of beneficiaries affecting compensation for death. When two or more beneficiaries are receiving compensation on account of the death of an employee and any event occurs which may require a reapportionment of the amount of compensation payable to one or more of them, such beneficiary, or someone on his behalf, shall promptly notify the Bureau giving the date of the event and all essential facts. Such reapportionment may become necessary when any such beneficiary dies or marries, when a child, grandchild, brother, or sister of the decedent becomes 18 years old or if over 18, becomes capable of self-support or ceases to be a student, or when a parent or grandparent of the decedent ceases to be dependent, or when a posthumous child of the decedent is born.

[32 F.R. 2700, Feb. 9, 1967]

§ 1.17 Burial expenses.

(a) When the death of an employee results from an injury occurring within the time limitations prescribed in said act, the Bureau may in its discretion pay reasonable burial expenses in an amount not to exceed $800: Provided, That if any part of the burial expenses has been paid by another department of the Government, the amount paid by the Bureau shall not exceed the difference between the amount so paid by the other department and $800. Payment will be made to the duly appointed executor or administrator of the estate on the submission of competent evidence of his appointment as such. If there is no legal representative of the estate, the Bureau may upon application pay to the undertaker the amount of any burial expenses

remaining unpaid, not exceeding the amount payable by the Bureau, or may upon application reimburse the person who has paid such burial expenses and is entitled to such reimbursement.

(b) When the death of an employee results from causes other than the injury and there is an unpaid balance of a schedule award due pursuant to 5 U.S.C. 8107 and there is no survivor entitled to the same and no burial allowance is payable under 5 U.S.C. 8134, then such amount, subject to the limitations of 5 U.S.C. 8134 and 8109 shall be paid to reimburse any person or persons equitably entitled thereto to the extent and in proportion that they shall have paid the expenses of burial of such individual. [35 F.R. 1285, Jan. 31, 1970]

§ 1.18 Embalming and transportation of bodies of deceased employees.

(a) In the case of an employee whose home is within the United States, if his death resulting from an injury caused by employment occurs away from his home office or outside the United States, and if the relatives desire that the body be embalmed and transported in a hermetically sealed casket to the home of the employee, the Bureau may upon application pay the reasonable and necessary expenses of such embalming and transportation, in addition to the allowance for burial expense.

(b) When the death of an employee results from causes other than the injury and the employee is away from his home or official station for the purpose of receiving medical or other services, appliances, or supplies under 5 U.S.C. 8103 or examination under 5 U.S.C. 8123 if so desired by his relatives the body shall, in the discretion of the Bureau, be embalmed and transported in a hermetically sealed casket to the home or last place of residence of the employee at the expense of the Employee's Compensation Fund. If no request is made for the return of the body by decedent's relatives, the Bureau should be notified immediately by telegram, reporting all pertinent details, with request for instructions concerning arrangements for disposition of the remains.

[14 F.R. 7376, Dec. 9, 1949, as amended at 35 F.R. 1285, Jan. 31, 1970] § 1.19

Overpayments by mistake.

(a) Whenever by reason of an error of fact or law an overpayment has been

made to an individual who is entitled to further payments, proper adjustment shall be made by decreasing subsequent payments of compensation, having due regard to the probable extent of future payments, the rate of compensation, the financial circumstances of the individual, and any other relevant factors, so as to minimize any resulting hardship upon such individual. In the event such individual dies before such adjustment has been completed a similar adjustment shall be made by decreasing subsequent payments, if any, payable under this act with respect to such individual's death.

(b) Where there are no further payments due and an overpayment has been made to an individual by reason of an error of fact or law such individual, as soon as the mistake is discovered or his attention is called to the same, shall refund to the Bureau any amount so paid, or upon failure to make such refund the Bureau may proceed to recover the same. (c) There shall be no adjustment or recovery, under paragraphs (a) or (b), of this section, by the United States in any case where incorrect payment has been made to an individual who is without fault and where adjustment or recovery would defeat the purpose of this act or would be against equity and good conscience.

[14 F.R. 7376, Dec. 9, 1949]

§ 1.20 Injuries to members of the Officers' Reserve Corps, Enlisted Reserve Corps, and Naval Reserve.

(a) If in time of peace any member of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army, or any member of the Naval Reserve, as included in the Naval Reserve Act of 1938, approved June 25, 1938 (52 Stat. 1175, 1181; 34 U. S. C. 885c), is physically injured in the line of duty or dies as the result of such physical injury, he or his beneficiaries shall be entitled to all of the benefits prescribed by law for civil employees of the United States who are physically injured in the line of duty or who die as the result thereof. The Bureau has jurisdiction in such cases and performs the same duties with reference thereto as in the cases of civil employees of the United States so injured or disabled. For the purpose of this section all members of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army shall be considered as entitled to compensation bene

fits if injured in the line of duty (1) while on active duty, or (2) when engaged in authorized travel to and from such duty, or (3) when engaged in authorized training without pay: Provided, That authorized training without pay is defined as inactive-status training under written authorization by competent military authority covering a specific training assignment and prescribing a time limit. Also, for the purpose of this section all members of the Naval Reserve shall be considered to be entitled to compensation benefits for injury in the line of duty while performing active military or naval service, if injured (1) while having performed active duty, with or without pay, or (2) while having performed training duty, with or without pay, or (3) while having performed drills, equivalent instruction or duty, appropriate duty, or other prescribed duty, or (4) while having performed authorized travel to or from such duties.

(b) In the cases of members of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army, the benefits shall accrue to any such member, or to his beneficiaries, whether the disability or death is the result of sickness or disease contracted in line of duty while on active duty, when such sickness or disease is proximately caused by the service on active duty. In no case, however, of a member of the Naval Reserve coming within the purview of this section shall sickness or disease be regarded as an injury.

(c) For the purpose of determining the benefits to which a claimant may be entitled under the provisions of this section, members of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army physically injured when engaged in authorized training without pay, and Naval Reservists physically injured while performing duties stated in paragraph (a) of this section and in a non-pay status, will be held and considered as receiving the pay and allowances which they would have received had they been in a pay status.

(d) A member of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army may not receive the benefits under the Federal Employees' Compensation Act concurrently with active duty pay or pension based upon military service, and in the event a person becomes eligible to receive the benefits under the Federal Employees' Compensa

tion Act, as amended, and is also eligible for, or in receipt of, a pension based upon military service, he shall elect which benefit to receive. Any member of the Naval Reserve eligible to receive the benefits coming within the purview of this section who may also be eligible to receive a pension under the provisions of the Act of June 23, 1937 (50 Stat. 305), entitled "An Act to amend the provisions of the pension laws for peacetime service to include Reserve officers and members of the Enlisted Reserves," shall elect which benefit he shall receive.

(e) All provisions of this subchapter and of the Federal Employees' Compensation Act, as amended, except such as may be in conflict with the provisions of this section or with section 304 of the Naval Reserve Act of 1938, approved June 25, 1938 (52 Stat. 1181), shall be applicable with respect to cases of members of the Naval Reserve.

[4 F.R. 3605, Aug. 15, 1939, as amended at 35 F.R. 1286, Jan. 31, 1970]

CROSS REFERENCE: For Naval Reserve personnel regulations, see 32 CFR Part 713. § 1.21 Records relating to Federal Employees' Compensation Act matters as records of Bureau of Employees' Compensation.

All records, medical and other reports, statements of witnesses and other papers relating to the disability or death of a civil employee of the United States or other person entitled to compensation benefits from the United States under said act and all amendments or extensions thereof, are the official records of the Bureau and are not records of the agency, establishment or department making or having the care or use of such records. Such records and papers pertaining to any such injury or death are confidential and no official or employee of a Government establishment who has investigated or secured statements from witnesses and others pertaining to a claim for compensation, or any person having the care or use of such reports, shall disclose information from or pertaining to such records to any person, except upon the written approval of the Bureau.

[35 F.R. 1286, Jan. 31, 1970]

§ 1.22 Inspection of records of Bureau relating to FECA matters.

(a) Confidentiality of Records. Records of the Bureau pertaining to an injury or death are confidential, and are

generally exempt from disclosure to the public under section 552(b)(6) of Title 5 U.S.C., the terms of which are applied in this section. (See also Part 70 of Title 29, Code of Federal Regulations regarding Department of Labor documents exempt from disclosure.)

(b) Release to the employee or to his beneficiary. If an employee or, in the case of death, his beneficiary or the authorized representative of an employee beneficiary. Where the Bureau determines the release of information to the employee or to his beneficiary is not in the best interest of the employee or his beneficiary, the Bureau may release the information to the employee's or beneficiary's representative or personal physician upon receipt of written authorization from the employee or his beneficiary. If the individual concerned is or beneficiary requests information from the Bureau's records, he shall at the discretion of the Bureau be permitted to examine the records of the case in which he is an interested party. In considering any request for such information the Bureau shall judge the reasonableness thereof, and may in its discretion permit inspection of such record or part thereof, which in its opinion, will not result in damage or harm to the employee or mentally incompetent, insane or deceased, the next of kin or legal representative must authorize in writing the release of records to the representative.

(c) Release to other government departments and agencies. Information shall be released, upon request, to other departments and agencies which have proper need for the information.

(1) Should the Bureau have doubts as to whether the requesting department has a proper need for the information, the latter will be requested to specify the purpose for which the information will be used. In appropriate cases, the requesting department will be advised that the information will be withheld until the department obtains the written request of the employee or beneficiary concerned.

(2) In honoring requests, the Bureau shall disclose only that information which is germane to the request.

(d) Release to medical research or scientific organizations. Information shall be released, upon the request of medical research, or scientific organizations or other qualified researchers when the Bureau finds that the release of the requested information will not constitute

a clearly unwarranted invasion of personal privacy. Where feasible, the Bureau shall delete identifying detail to prevent a clearly unwarranted invasion of personal privacy. The requesting organization or individual shall be advised that the information must be held in confidence and that any published reports resulting from such study shall not identify in any way the individuals whose records were examined.

(e) Release to Federal or State courts or other administrative bodies-(1) Procedure. Any officer or employee of the United States who is served with a demand for records or information relating to Federal Employees' Compensation Act matters, the disclosure of which has not been authorized, regardless of whether it may or may not be authorized by this section or Part 70 of Title 29, Code of Federal Regulations, shall promptly, and without awaiting appearance before the court or other authority, communicate through established channels the contents of the demand to the Under Secretary of Labor. Such officer or employee shall await instructions concerning the response to the demand. If it is determined that the demand should be opposed, the U.S. attorney, his assistant or other appropriate legal representative shall be requested respectfully to inform the court or other authority that the Secretary of Labor has instructed the officer or employee to refuse to disclose the records or information sought. If instructions have not been received at the time when the officer or employee is required to appear before the court or other authority in response to the demand, the U.S. attorney, his assistant, or other appropriate legal representative shall be requested to appear with the officer or employee upon whom the demand has been served and request additional time in which to receive such instructions.

(2) Action in event of adverse ruling. If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with subparagraph (1) of this paragraph pending receipt of instructions from the Secretary of Labor, or if the court or other authority rules that the demand must be complied with irrespective of the instructions from the Secretary of Labor not to produce the material or disclose the information sought, the employee upon whom the demand has been made shall respectfully decline to comply

with the demand (United States ex rel Touhy v. Ragen, 340 U.S. 462). This paragraph shall not apply to final decisions requiring production of records pursuant to 5 U.S.C. 552(a) (3), as the foregoing limitations are not intended to preclude compliance with lawful court orders calling for the production of records in connection with civil litigation or criminal proceedings, nor to preclude release of information from records when required by law.

[35 F.R. 1286, Jan. 31, 1970]

§ 1.23

Waiver not authorized.

No official superior is authorized to require an employee to enter into any agreement, either before or after an injury, to waive his right to claim compensation.

[Regulations under the United States Employees' Compensation Act, June 1, 1938. Redesignated at 14 FR. 7375, Dec. 9, 1949] § 1.24 Representation of claimants and approval of claims for legal and other services.

(a) A claimant may be represented before the Bureau in any proceeding under the act by any duly authorized person. (A former member of the Employees' Compensation Appeals Board or a former Director of the Bureau shall not be considered a duly authorized person within the meaning of this section for a period of two years following termination of his services as a Board member or as Directors. The Bureau shall require satisfactory proof of the representative's authorization.

(b) No claim for legal services or for other services rendered in respect of a case, claim, or award for compensation, to or on account of any person shall be valid unless approved by the Bureau. Any person who receives any fee, other consideration, or gratuity on account of services so rendered, unless such fee, consideration or gratuity is approved by the Bureau, or who solicits employment for himself or another in respect of any case, claim, or award for compensation under (or to be brought under) this act shall be guilty of a misdemeanor and upon conviction thereof, for each offense, be punished by a fine of not more than $1,000 or by imprisonment not to exceed one year, or by both such fine and imprisonment. The Bureau cannot pay any claim so approved by it nor can it assist in the collection of any sum so approved.