Page images
PDF
EPUB

Title 20-Employees' Benefits

(This book contains Parts 01 to 399)

Part

CHAPTER I-Bureau of Employees' Compensation, Department of Labor

01

CHAPTER II-Railroad Retirement Board .

200

NOTE: Other regulations issued by the Department of Labor appear in Title 29, Subtitle A and Chapters II, IV, V and XVII and Title 41, Chapters 29, 50 and 60.

CHAPTER I-BUREAU OF EMPLOYEES'
COMPENSATION, DEPARTMENT OF LABOR

Cross ReferenCE: Employees' and employers' taxes under Federal Insurance Contributions Act and Excise tax on employers under Federal Unemployment Tax Act: See Internal Revenue, 26 CFR Part 31.

[blocks in formation]

123

25

SUBCHAPTER B-FEDERAL EMPLOYEES' COMPENSATION ACT

Claims for compensation and administrative procedure.

Furnishing of medical treatment.

Cases involving the liability of a third party.

Compensation for disability and death of non-citizens outside the United
States.

SUBCHAPTER C-[RESERVED]

SUBCHAPTER D-[RESERVED]

SUBCHAPTER E-[RESERVED]

SUBCHAPTER F-COMPENSATION FOR INJURY, DISABILITY, DEATH, OR ENEMY DETENTION OF EMPLOYEES OF CONTRACTORS WITH THE UNITED STATES

61 General administrative provisions.

62 Reimbursement of employers, insurance carriers, or compensation funds.

SUBCHAPTER G---COMPENSATION FOR INJURY, DISABILITY OR DEATH OF CIVILIAN AMERICAN CITIZENS INCURRED WHILE DETAINED BY OR IN HIDING FROM THE IMPERIAL JAPANESE GOVERNMENT

[blocks in formation]

SUBCHAPTER A-ORGANIZATION AND PROCEDURES

PART 01-PERFORMANCE OF FUNCTIONS UNDER THIS CHAPTER

Sec.

01.1

Establishment of Office of Federal Employees' Compensation (OFEC). 01.2 Transfer of functions to Office of Federal Employees' Compensation (OFEC).

AUTHORITY: The provisions of this Part 01 issued under 5 U.S.C. 301; Reorganization Plan No. 6 of 1950, 15 F.R. 3174, 64 Stat. 1263; 5 U.S.C. 8145, 8149, 8193; 42 U.S.C. 1706(a); 50 U.S.C. App. 2003; Secretary of Labor's Order No. 13-71, 36 F.R. 8755.

SOURCE: 37 F.R. 22980, Oct. 27, 1972, unless otherwise noted.

§ 01.1

Establishment of Office of Federal Employees' Compensation (OFEC).

The Assistant Secretary of Labor for Employment Standards, by authority vested in him by the Secretary of Labor in Secretary's Order No. 13-71, 36 F.R. 8755, has established in the Employment Standards Administration (ESA) an Office of Federal Employees' Compensation (OFEC). The Assistant Secretary has further designated as the head thereof a Director who, under the general supervision of the Deputy Assistant Secretary for Employment Standards/WageHour Administrator and the Deputy Administrator, shall administer the programs assigned to that Office by the Assistant Secretary.

§ 01.2 Transfer of functions to Office of Federal Employees' Compensation (OFEC).

Pursuant to the authority vested in him by the Secretary of Labor, the Assistant Secretary for Employment Standards has transferred from the Bureau of Employees' Compensation to the Office of Federal Employees' Compensation all functions of the Department of Labor with respect to the administration of benefits programs under the following statutes:

(a) The Federal Employees' Compensation Act, as amended and extended, 5 U.S.C. 8101-8150, 8191-8193;

(b) The War Hazards Compensation Act, 42 U.S.C. 1701 et seq.;

137 F.R. 22979, Oct. 27, 1972.

1

[blocks in formation]

AUTHORITY: The provisions of this Part 02 issued under 5 U.S.C. 301; Reorganization Plan No. 6 of 1950, 15 F.R. 3174, 64 Stat. 1263; 5 U.S.C. 8145, 8149, 8193; 42 U.S.C. 1706(a); 50 U.S.C. App. 2003; Secretary of Labor's Order No. 13-71, 36 F.R. 8755.

SOURCE: 37 F.R. 22980, Oct. 27, 1972, unless otherwise noted.

FEDERAL EMPLOYEES' COMPENSATION ACT § 02.1 Processing of claims.

(a) Claims for compensation for disability and death are processed by claims examiners of the Office of Federal Employee's Compensation, U.S. Department of Labor, whose duty it is to apply the law to the facts as reported, received, or obtained upon investigation. The Federal Employee's Compensation Act, as amended, requires determination of a

claim, with findings of fact and a decision for or against the payment of compensation, upon consideration of the claim presented by the claimant, the report by his immediate superior, and the completion of such investigation as the Office may deem necessary. There is no required procedure for the production of evidence, and evidence in written form is accepted. The final authority in the Office in the determination of a claim is vested in the Director or Acting Director of the Office. The decision shall contain findings of fact and a statement of reasons. A copy of the decision, together with information as to the right to a hearing, to a review, and to an appeal to the Employee's Compensation Appeals Board, shall be mailed to the claimant at his last known address.

(b) For the purposes of this Chapter I, the "Federal Employees' Compensation Act" includes all laws providing or extending the protection of the Federal Employees' Compensation Act, 5 U.S.C. 8101 et seq. See also § 1.1(c) of this chapter.

§ 02.2 Review by OFEC.

An award for or against the payment of compensation may be reviewed by the Office under 5 U.S.C. 8128(a) at any time, on its own motion or on application of the claimant. No formal application for review is required, but a written request for review, stating reasons why the decision should be changed and accompanied by evidence not previously submitted to the Office, is necessary to invoke action. Such request shall be made to the Director, Office of Federal Employees' Compensation, U.S. Department of Labor, Washington, D.C. 20211.

§ 02.3 Review by Employees' Compensation Appeals Board.

Final decisions of the Office are subject to review by the Employees' Compensation Appeals Board (ECAB), U.S. Department of Labor, under the rules of procedure set forth in Part 501 of this title.

§ 02.4 Request for a hearing.

Prior to any review under § 02.2, any claimant for compensation not satisfied with a decision of the Office shall, upon written request made within 30 days after the date of issuance of such decision, be afforded an opportunity for a hearing before an Office representative desig

[blocks in formation]

Labor, Washington, D.C. 20211. At such hearing, the claimant shall be afforded an opportunity to present evidence in further support of his claim.

§ 02.5 Time and place of hearing; prehearing conference.

The Office representative shall set the time and place of the hearing, and shall mail written notice thereof to the claimant at least 10 days prior to the hearing. The hearing will, when practicable, be set at a time and place convenient for the claimant. The Office representative may, and when so requested by the claimant shall, afford the claimant a prehearing conference to clarify the issues in his claim and, when necessary, shall postpone the hearing for this purpose. Request for such conference may be made to the Office representative orally or in writing. § 02.6

Conduct of hearing.

In conducting the hearing, the Office representative shall not be bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by section 5 of the Administrative Procedure Act, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose he shall receive such relevant evidence as may be adduced by the claimant and shall, in addition, receive such other evidence as he may determine to be necessary or useful in evaluating the claim. Evidence may be presented orally or in the form of written statements and exhibits. The hearing shall be recorded, and the original of the complete transcript shall be made a part of the claims record.

[blocks in formation]
« PreviousContinue »