rence, a Form CA-4 is required, whether or not one was submitted following the original injury. All parts of the Form CA-4, plus a medical report on Form CA20 (or in narrative form), must be completed.

[36 F.R. 8937, May 15, 1971]

§ 1.8 Claims for continued compensation for disability.

Form CA-8, Claim for Continuance of Compensation on Account of Disability, is provided to claim compensation for additional periods of time after Form CA-4 is submitted to the Bureau. While disability continues, claim on this form shall be submitted every 2 weeks until the employee is otherwise instructed by the Bureau. The injured employee shall complete and sign the face of the form and his attending physician shall complete the medical certificate on the reverse side of the form. The form must then be delivered to the official superior who will complete the Certificate of Employee's Official Superior which also appears on the reverse side of the form. The form shall then be sent to the Bureau.

[36 F.R. 8937, May 15, 1971]

§ 1.9 Employees' obligation to return to work or to seek work when able. When total disability to perform work ceases and the employee is able to perform a part of his usual duties, or to perform work of a different nature, he must seek such suitable work as he is able to perform, either in Government or private employment, unless it has already been provided for him, and shall accept such work or offer of work secured for him. An employee who has not been regularly employed during the period covered by his claim, and who is only partially disabled, shall state in his claim what efforts he has made to obtain suitable employment, giving the names and addresses of persons or concerns to whom he has applied for work. If he has not been offered or has not been able to secure work which he is able to do, he shall so state. If a partially disabled employee refuses to seek suitable work or refuses or neglects to work after suitable work is offered to, procured by, or secured for him, he shall not be entitled to any compensation.

[14 F.R. 7375, Dec 9, 1949]

§ 1.10 Affidavit or report by employee of employment and earnings. The Bureau may require a partially disabled employee to submit an affidavit or other report as to his earnings either from employment or self-employment. If such individual, when required, fails to submit such affidavit or report or if in such affidavit or report the employee knowingly omits or understates any part of such earnings or remuneration he shall forfeit his right to compensation with respect to any period for which such affidavit or report was required to be made, and any compensation already paid may be recovered by deducting the amount thereof from compensation payable to him or otherwise according to law. Earnings from employment referred to in this section or elsewhere in this part means gross earnings or wages before any deductions whatsoever have been taken out of such wages, and include the value of subsistence, quarters, or other advantages received in kind as part of the wage or remuneration. [36 F.R. 8937, May 15, 1971]

§ 1.11 Claims for balance of schedule due at death from other causes.

(a) If an employee files a valid claim for a scheduled loss (permanent disability which involves the loss or loss of 11se of a member or function of the body as provided in 5 U.S.C. 8107) in his lifetime and dies from causes other than the injury before the entire amount due for such schedule is paid, claim for such unpaid balance may be made on Form CA-5A pursuant to § 1.13 as follows-by the widow, widower, or child in the proportions and upon the conditions and in the order named in 5 U.S.C. 8109(a) (3) (D). If there is no surviving widow, widower, or child, then a claim on Form CA-5A may be made pursuant to § 1.13 in the proportions and upon the conditions and in the order as follows-to the parent or parents wholly dependent for support upon the decedent. If there is no parent wholly dependent then to a partially dependent parent or parents in equal shares with any partially dependent brother, sister, grandparent or grandchild. If one or more of the brothers. sisters, grandparents, or grandchildren are wholly dependent and a parent or parents and other brothers, sisters, grandparent, or grandchildren are partially dependent then 75 percent will be awarded to such wholly dependent person or persons equally and the

balance divided equally among such partially dependent persons. In the event there is no surviving widow, widower, child, or wholly dependent parent, and the foregoing apportionment of such compensation would result in injustice, the Bureau may, in its discretion, make such other apportionment as justice would require.

(b) The right of any surviving beneficiary referred to in paragraph (a) of this section shall be conditioned upon his being alive to receive any payment and any such beneficiary shall not have a vested right to any such payment. Claims for continuance of payments under 5 U.S.C. 8109 shall be made in like manner and governed by § 1.14.

(c) The entitlement of any beneficiary to payments under 5 U.S.C. 8109 shall cease upon the happening of any event which would terminate such right under 5 U.S.C. 8133. The termination of such right shall be governed by § 1.15. In the event of any reapportionment made necessary by such termination prompt notification shall be made to the Bureau in accordance with § 1.16.

(d) As to the disposition of any balance not paid under the foregoing paragraphs see § 1.17(b) "Burial Expenses". [14 F.R. 7375, Dec. 9, 1949, as amended at 35 F.R. 1285, Jan. 31, 1970]

§ 1.12 Report of death.

When an employee dies because of a personal injury sustained while in the performance of duty or disease contracted as a result of the employment, the official superior shall immediately report the fact to the Bureau by telegraph or telephone. Also, the official superior shall promptly send the Bureau a Report of Death on Form CA-3 (see lower portion of that form). This shall be accompanied by the Official Superior's Report of Injury on Form CA-1 and 2 (Back) if that report was not previously submitted. The official superior shall also complete items 1 through 6 on the front of Form CA-1 and 2 to insure identification of the decedent.

[36 F.R. 8937, May 15, 1971]

§ 1.13 Original claims for death benefits.

If the death of an employee results from an injury any person entitled to claim compensation as one of the beneficiaries enumerated in 5 U.S.C. 8133 may file a claim for compensation, within the limit of time of 1 year after death prescribed in the said act. See 5 U.S.C. 8122.

Form C.A. 5 is provided by the Bureau for that purpose, and should be executed as provided therein. Such claim may be filed by delivering it at the office of the Bureau, or to any person designated by the Bureau to receive it. The deceased employee's former official superior is so designated to receive such claims on behalf of the Bureau, and the person claiming benefits should submit the claim to such former official superior, 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 beyond 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 Governinent, 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 in

structions concerning arrangements for disposition of the remains.

[14 F.R. 7376, Dec. 9, 1949, as amended at 25 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] [Reserved]

§ 1.20 § 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 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 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 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 de