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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 tne 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 futuro 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 in al. 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

[Reserved] 8 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 purpose for which the information will of a Government establishment who has be used. In appropriate cases, the reinvestigated or secured statements from questing department will be advised that witnesses and others pertaining to a the information will be withheld until claim for compensation, or any person the department obtains the written rehaving the care or use of such reports, quest of the employee or beneficiary shall disclose information from or per concerned. taining to such records to any person, (2) In honoring requests, the Bureau except upon the written approval of the shall disclose only that information Bureau.

which is germane to the request. [35 F.R. 1286, Jan. 31, 1970]

(d) Release to medical research or sci§ 1.22 Inspection of records of Bureau

entisic organizations. Information shall relating to FECA matters.

be released, upon the request of medical

research, or scientific organizations or (a) Confidentiality of Records. Rec

other qualified researchers when the ords of the Bureau pertaining to an in Bureau finds that the release of the rejury or death are confidential, and are

quested information will not constitute generally exempt from disclosure to the

a ciearly unwarranted invasion of perpublic under section 552(b) (6) of Title

sonal privacy. Where feasible, the Bur5 U.S.C., the terms of which are applied eau shall delete identifying detail to prein this section. (See also Part 70 of Title

vent a clearly unwarranted invasion of 29, Code of Federal Regulations regard personal privacy. The requesting orgaing Department of Labor documents

nization or individual shall be advised exempt from disclosure.)

that the information must be held in (b) Release to the employee or to his confidence and that any published rebeneficiary. If an employee or, in the ports resulting from such study shall not case of death, his beneficiary or the au

identify in any way the individuals thorized representative of an employee

whose records were examined. or beneficiary requests information from

(e) Release to Federal or State courts the Bureau's records, he shall at the dis

or other administrative bodies -(1) Procretion of the Bureau be permitted to

cedure. Any officer or employee of the examine the records of the case in which

United States who is served with a dehe is an interested party. In considering

mand for records or information relatany request for such information the

ing to Federal Employees' CompensaBureau shall judge the reasonableness

tion Act matters, the disclosure of which thereof, and may in its discretion permit

has not been authorized, regardless of inspection of such record or part there

whether it may or may not be authorized of, which in its opinion, will not result

by this section or Part 70 of Title 29, in damage or harm to the employee or

Code of Federal Regulations, shall beneficiary. Where the Bureau deter

promptly, and without awaiting appearmines the release of information to the

ance before the court or other authority, employee or to his beneficiary is not in the best interest of the employee or his

communicate through established chan

nels the contents of the demand to the beneficiary, the Bureau may release

Under Secretary of Labor. Such officer the information to the employee's or

or employee shall await instructions conbeneficiary's representative or personal

cerning the response to the demand. If physician upon receipt of written authorization from the employee or his bene

it is determined that the demand should

be opposed, the U.S. attorney, his assistficiary. If the individual concerned is

ant or other appropriate legal representmentally incompetent, insane or de

ative shall be requested respectfully to ceased, the next of kin or legal repre

inform the court or other authority that sentative must authorize in writing the

the Secretary of Labor has instructed release of records to the representative.

the officer or employee to refuse to dis(c) Release to other government de

close the records or information sought. partments and agencies. Information

If instructions have not been received shall be released, upon request, to other

at the time when the officer or employee departments and agencies which have

is required to appear before the court proper need for the information.

or other authority in response to the de(1) Should the Bureau have doubts as

mand, the U.S. attorney, his assistant, to whether the requesting department or other appropriate legal representative has a proper need for the information, shall be requested to appear with the the latter will be requested to specify the officer or employee upon whom the de

mand has been served and request addi consideration, or gratuity on account of tional time in which to receive such services so rendered, unless such fee, coninstructions.

sideration or gratuity is approved by the (2) Action in event of adverse ruling. Bureau, or who solicits employment for If the court or other authority declines himself or another in respect of any case, to stay the effect of the demand in claim, or award for compensation under response to a request made in accordance (or to be brought under) this act shall with subparagraph (1) of this paragraph be guilty of a misdemeanor and upon pending receipt of instructions from the conviction thereof, for each offense, be Secretary of Labor, or if the court or punished by a fine of not more than other authority rules that the demand $1,000 or by imprisonment not to exceed must be complied with irrespective of one year, or by both such fine and imthe instructions from the Secretary of prisonment. The Bureau cannot pay Labor not to produce the material or dis any claim so approved by it nor can it close the information sought, the em assist in the collection of any sum so ployee upon whom the demand has been approved. made shall respectfully decline to comply (c) No fee for services shall be apwith the demand (United States ex rel proved except upon an application to Touhy v. Ragen, 340 U.S. 462). This para the Bureau supported by an itemized graph shall not apply to final decisions statement of the necessary work done requiring production of records pursuant on behalf of a claimant. Should such to 5 U.S.C. 552(a) (3), as the foregoing statement be deemed insuficient by the limitations are not intended to preclude Bureau, further details may be required compliance with lawful court orders call and the Bureau may require the person ing for the production of records in con for whom such services were rendered to nection with civil litigation or criminal certify to the correctness thereof. Exproceedings, nor to preclude release of cept where it has been established that information from records when required representation was to be rendered graby law.

tuitously, the fee approved by the Bureau [35 F.R. 1286, Jan. 31, 1970]

shall be reasonably commensurate with

the actual necessary work performed by $ 1.23 Waiver not authorized.

such representative. The Bureau will No official superior is authorized to re consider for approval only the necessary quire an employee to enter into any services performed by applicant on beagreement, either before or after an in half of the claimant, taking into account jury, to waive his right to claim compen the capacity in which the representative sation.

has served and the circumstances of the (Regulations under the United States Em claimant. ployees' Compensation Act, June 1, 1938. (d) The Bureau will not recognize any Redesignated at 14 F.R. 7375, Dec. 9, 1949)

contract for the payment of an agreed 8 1.24 Representation of claimants and sum, or any contingent contract, with

approval of claims for legal and other respect to legal or other services rendered services.

in respect of a claim or award for com(a) A claimant may be represented be pensation. fore the Bureau in any proceeding under (14 F.R. 7376, Dec. 9, 1949, as amended at 24 the act by any duly authorized person.

F.R. 1157, Feb. 14, 1959) (A former member of the Employees' & 1.25 Retroactive effective dates and Compensation Appeals Board or a for procedures under Federal Employees' mer Director of the Bureau shall not be

Compensation Act Amendments of considered a duly authorized person 1949. within the meaning of this section for a

(a) The amendments classifying the period of two years following termina

loss or loss of use of both hands, or both tion of his services as a Board member

arms, or both feet or both legs or both or as Directors. The Bureau shall require satisfactory proof of the represent

eyes, or the sight thereof, as prima facie ative's authorization.

constituting permanent total disability, (b) No claim for legal services or for

is applicable to injuries sustained before other services rendered in respect of a

October 14, 1949, but only with respect to case, claim, or award for compensation,

any period of disability beginning on or to or on account of any person shall be

after the first of November 1949. valid unless approved by the Bureau. (b) The amendments apply retroacAny person who receives any fee, other tively for injuries which occurred on or

after January 1, 1940, involving the total Sec. loss or loss of use of an arm, leg, hand,

2.12 Reimbursement for medical expenses, foot or eye or total and permanent loss

transportation costs, loss of wages,

and incidental expenses. of hearing of both ears or serious disfigurement of the face, head or neck, AUTHORITY: The provisions of this Part 2 on or after January 1, 1940.

issued under 5 U.S.C. 8145, 8149; 1946 Reor(c) If an employee has sustained the

ganization Plan No. 2, sec. 3, 3 CFR, 1943–

1948 Comp., p. 1064; 60 Stat. 1095; 1950 permanent partial loss or loss of use of an

Reorganization Plan No. 19, sec. 1, 3 CFR, arm, leg, foot, hand, eye or hearing or the 1949–1953 Comp., p. 1010; 64 Stat. 1271. total or partial loss or loss of use of any other member of the body on or after

SOURCE: The provisions of this part 2 ap

pear at 35 F.R. 1287, Jan. 31, 1970, unless October 14, 1948, he is required to make

otherwise noted. an election as provided in 5 U.S.C. 8116(b)

$ 2.1 Medical treatment, hospital serv(d) Whenever a disabled person is en

ices, transportation, etc. titled to augmented compensation be (a) All medical services, appliances, cause he has a dependent as set forth in drugs, and supplies which in the opinion 5 U.S.C. 8110 such person may receive of the Bureau of Employees' Compensaaugmented benefits irrespective of the tion (hereinafter referred to as the date of his injury. However, such pay Bureau) are necessary for treatment of ments shall not commence prior to No an injury as provided by 5 U.S.C. 8103 vember 1, 1949; see $ 1.5.

shall be furnished to employees of the (e) The amendments with respect to United States and to others entitled by increasing the rate of compensation are law to medical and other benefits by or applicable to cases of injury or death upon the order of U.S. medical officers which occurred before enactment of and hospitals, when available and practhese amendments but only with respect ticable, for injuries sustained while in to any period beginning the first of the performance of duty, including disNovember 1949.

eases proximately caused by the condi(f) Whenever a person is entitled to tions of employment, whether resulting compensation by virtue of the amend in loss of time or not, as well as the ment broadening the scope of the term

necessary means of transportation inci"employee”, such entitlement shall apply dent to the securing of such services, to injuries or deaths which occurred on appliances, drugs, and supplies. An inor after December 7, 1941: Provided, jured employee will be furnished transhowever, That no payments for medical portation or be reimbursed for transporexpenses or compensation shall be pay tation expense, and shall be reimbursed able for any period prior to November 1, for expenses incident to the securing of 1949, and shall be limited to cases involy services, appliances and supplies necesing permanent partial or permanent total sary in the treatment of an injury related disability or death; see $ $ 1.4, 1.5 and 1.12. condition, when authorized by the [14 F.R. 7376, Dec. 9, 1949, as amended at Bureau or by his official superior. If there 35 F.R. 1286, Jan. 31, 1970)

should be no U.S. medical officer or hos

pital available, medical services shall be PART 2-FURNISHING OF MEDICAL furnished by private physicians desigTREATMENT

nated by the Bureau, Sec.

(b) The Bureau's Pamphlet BEC-576, 2.1 Medical treatment, hospital service,

Medical Facilities, lists the U.S. medical transportation, etc.

officers and hospitals and designated 2.2 Oficial authorization for treatment. physicians normally available for the 2.3 Emergency treatment.

care of BEC beneficiaries. Also, the medi2.4 Medical treatment for recurrence of cal facilities of the Army, Navy, Air disability.

Force, and Veterans Administration may 2.5 Medical treatment in doubtful cases,

be used when previous arrangements 2.6 Authority for dental treatment.

have been made on a case-by-case basis 2.7 Medical examinations.

with the director of the hospital or 2.8 Medical referee examination.

clinic, 2.9 Furnishing of orthopedic and prosthetic

(c) Federal health service units or appliances, and dental work. 2.10 Recording and submission of medical

other occupational health service facilireports.

ties established under the provisions of 2.11 Submission of bills for medical services,

the Act of August 8, 1946, as amended appliances and supplies.

(5 U.S.C. 7901), are not U.S. medical


officers and hospitals as used in this part. within the scope of their practice as deUnder criteria established by the Bureau fined by State law. Chiropractors, of the Budget (now Office of Manage naturopaths, podiatrists (chiropodists), ment and Budget) in Circular No. A-72 psychologists, optometrists, faith healers, of June 18, 1965, these health service and other practitioners of the healing units or occupational health service arts are not recognized as physicians as facilities can only provide emergency used in this part. diagnosis and first (initial) treatment (g) The term "medical, surgical, and of injury or illness that become necessary hospital services and supplies” as used in during working hours and that are this part includes services and supplies within the competence of the profes by osteopathic physicians and hospitals sional staff and facilities of the health within the scope of their practice as service unit or facility (see paragraph defined by State law. 4.a of OMB Circular]. Any other treat [36 F.R. 8938, May 15, 1971] ment and medical care by these units or facilities in instances of injury or illness

§ 2.2 Official authorization for treat. sustained in the performance of duty must be specifically authorized by a (a) When an employee sustains an physician providing medical care under injury by accident under circumstances the specific authorization of the Bureau entitling him to compensation or mediof Employees' Compensation (see para cal treatment, his official superior shall graph 4.d of OMB Circular).

promptly issue to him a request for (d) In localities where there are no

examination and/or treatment on Form U.S. medical officers and hospitals avail CA-16. The employee shall carry the able, or their use is not practicable, the Form CA-16, where practical for him to injured employee shall be referred to one do so, from his place of employment to of the designated physicians in the the medical officer or physician. Form locality as listed in Pamphlet BEC-576 CA-16 shall be used solely for an injury (when authorizing the services of a des

sustained by accident. In all instances of ignated physician the official superior disease or illness, the official superior shall give the injured employee an op

shall contact the proper office of the portunity to select the designated physi

Bureau for instructions on authorizing cian to whom he wishes to be referred). treatment. In emergency situations, the In localities where U.S. medical officers office should be contacted by telephone. and hospitals or designated physicians

(b) An injured employee does not have are not available or their use is not prac authority to issue an authorization for ticable, or in medical emergencies, any

examination and/or treatment on his qualified physician in the area shall be own behalf. authorized to provide medical care as (36 F.R. 8938, May 15, 1971) appropriate. Mere convenience or per

§ 2.3 Emergency treatment. sonal preference of the injured employee may not be considered sufficient expla

In cases of injury by accident where nation for the selection of nondesignated

emergency treatment is necessary any physicians in those localities where U.S. qualified local physician may render inimedical officers and hospitals and/or

tial treatment. If oral authorization for designated physicians are available.

such treatment is given by the official (e) The attending physician shall ar

superior, Form CA-16 shall be issued

within 48 hours thereafter. Animal bites range for necessary hospital care at semiprivate rates (unless the nature of

and eye injuries are considered medical the case requires care in a private room),

emergencies and medical care by the special nursing services, X-ray exami

nearest qualified physician is permissinations, and consultations by specialists.

ble. Further treatment, is necessary, shall In cases of an emergency nature or cases

be obtained as soon as practicable from involving unusual circumstances the

a U.S. medical officer or hospital or local Bureau may in the exercise of its discre

designated physician, if available. It is tion authorize treatment otherwise than

the duty of the official superior to auas provided for in this part, or it may

thorize initial medical treatment for approve payment for medical expenses

acute injuries, exclusive of disease or illincurred otherwise than as authorized in ness, and to transfer the employee to the this part.

care of a local U.S. medical officer or (f) The term “physician” includes hospital or designated physician, when surgeons and osteopathic physicians available, for any subsequent treatment

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