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poses," approved December 2, 1942. This act, in Title I, provides compensation for injury or death proximately resulting from a war-risk hazard, with respect to the following categories of employees:
(1) Any person employed by a contractor with the United States, if such person is an employee specified in the act of August 16, 1941 (Public Law 208, 77th Congress), as amended, and no compensation is payable with respect to injury or death under such act.
(2) Any person engaged by the United States under a contract for his personal services outside the United States or in Hawaii, Alaska, Puerto Rico, or the Virgin Islands.
(3) Any person employed as a civilian employee of a post-exchange or shipservice store outside the United States or in Hawaii, Alaska, Puerto Rico, or the Virgin Islands.
Compensation and other benefits under such act are provided with respect to injury or death proximately resulting from a war-risk hazard, as defined by the act (see paragraph (c) of this section), whether or not the person was at time of injury engaged in the course of his employment. The purpose intended by such act is to provide continuous 24 hour compensation protection with respect to injuries caused by war hazards, except as to certain employees referred to in $ 61.2 (a). Such protection is accomplished by making applicable to such persons the provisions of the act providing compensation for civil employees of the United States, approved September 7, 1916, as amended, except that in determining compensation for disability, the scale of compensation benefits and computation of benefits and the wage base thereof shall be made in accordance with the provisions of sections 6, 8, and 10 of the Longshoremen's and Harbor Workers' Compensation Act, and except that in determining compensation for death, the classes of beneficiaries and the computation of compensation, including the wage basis and payment thereof shall be made in accordance with sections 9 and 10 of such Longshoremen's Act. Where terms relating to beneficiaries used in such section 9 of the Longshoremen's and Harbor Workers' Compensation Act are defined in section 2 of such Longshoremen's Act, such definitions shall apply. Total compensation payable for injury or death may not exceed the limitations specified in section 14 (m) of the Longshoremen's Act
as such section may be amended from time to time except as hereinafter set forth in this paragraph. Any amend. ment to the Longshoremen's Act, the effect of which is to increase the amount of benefits payable for injury or death, shall be applied in the administration of benefits payable under this subchapter as if the amendment had been in effect at the time of occurrence of the particular injury or death, and the compensation (except funeral and burial expenses) in any case determined prior to such amendment shall be adjusted accord. ingly in respect to the beneficiaries entitled thereto under this subchapter. i Any amendment to the Longshoremen's Act, the effect of which is to decrease the amount of benefits payable for in. jury or death shall not be applied in the administration of benefits payable under this subchapter if such amendment should reduce the aggregate amount of compensation payable to less than $7,500 in case of disability or less than $7,500 in case of death. Any such maximum limitation of compensation payable shall be exclusive of medical costs and funeral and burial expenses. Medical treatment and care will be furnished under applicable sections of such act of September 7, 1916, as amended, and not under section 7 of such Longshoremen's Act.
(b) Under the provisions of such Public Law No. 784, 77th Congress, approved December 2, 1942, if any person within any category specified in paragraph (a) of this section:
(1) Is found to be missing from his place of employment, whether or not such person then actually was engaged in the course of his employment, under circumstances supporting an inference that his absence is due to the belligerent action of an enemy; or
(2) Is known to have been taken by an enemy as prisoner, hostage, or otherwise; or
(3) 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; until such time as he is returned to his home, to the place of his employment, or is able to be returned to the jurisdiction of the United States, such person shall be regarded, for the purpose of paying benefits for detention, as totally disabled. The same benefits as are pro
vided for total disability under the provisions of paragraph (a) of this section shall be credited to his account and be payable to him for the period of such absence or until his death is in fact established or can be legally presumed to have occurred. A part of such compensation for total disability, accrung to such person, may be disbursed during the period of such absence to the dependents of such person, if such dependents reside in the United States or its territories or possessions (including the United States Naval Operating Base, Guantanamo Bay, Cuba, the Canal Zone, and in the Philippine Islands). In determining the monthly benefits which may be paid from the accrued compensation for total disability, credited to the account of such person, the provisions of section 9 of the Longshoremen's and Harbor Workers' Compensation Act shall apply, including the designation of classes of beneficiaries and percentages of the missing person's average wages. as therein provided. The monthly benefits payable to a dependent from funds accrued to the account of the missing person, shall be in the same amount as would otherwise be payable for the death of such person, as provided by such Longshoremen's Act.
Under the provisions of the act of December 23, 1943 (Public Law 216, 78th Congress, 57 Stat. 626, 42 U. S. C. 1701 (b)) the amount of benefits credited to the account of a person who falls within subparagraphs (1) or (2) of this paragraph, for purposes of this paragraph only, shall be one hundred percent of the average weekly wages of such person subject, however, to other limitations specified in such act; seventy percent of the average weekly wages of such person shall be paid to his dependent or dependents irrespective of the limitations in sections 9 of the Longshoremen's and Harbor Workers' Compensation Act, but subject to other limitations in the act of December 23, 1943, concerning distribution and disbursement to dependents. In all cases falling within subparagraphs (1) and (2) of this paragraph, benefits for detention shall accrue from January 1, 1942, unless the beginning of the absence occurred upon a later date, in which event benefits accrue from such later date.
(c) As used in this subchapter:
Bureau of Employees' Compensation, United States Department of Labor.
(2) The term “contractor with the United States” includes any subcontractor or subordinate subcontractor with respect to the contract of such contractor.
(3) The term “war-risk hazard" means any hazard arising after December 6, 1941, and prior to the end of the present war from:
(i) The discharge of any missile (including liquids and gas) or the use of any weapon, explosive, or other noxious thing by an enemy or in combating an attack or an imagined attack by an enemy; or
(ii) Action of the enemy, including rebellion or insurrection against the United States or any of its allies; or
(111) The discharge or explosion of munitions intended for use in connection with the national war effort (except with respect to any employee of a manufacturer or processor of munitions during the manufacture, or processing thereof, or while stored on the premises of the manufacturer or processor); or
(iv) The collision of vessels in convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or
(v) The operation of vessels or aircraft in a zone of hostilities or engaged in war activities.
(4) The term “injury" means injury resulting from a war-risk hazard, as defined in this section, whether or not such injury occurred in the course of the person's employment, and includes any disease proximately resulting from such cause.
(5) The term “death” means death proximately caused by injury, as defined in this section.
(6) The terms "compensation”, “physician” and “medical, surgical, and hospital services and supplies” shall be construed and applied as defined in such act of September 7, 1916, as amended.
(7) The terms “disability”, “wages", "child", "grandchild", "brother”, “sister”, “parent", "widow", "widower", "adoption" or "adopted”, shall be construed and applied as defined in such Longshoremen's and Harbor Workers' Compensation Act, as amended.
(d) The regulations in Part 1 of this chapter shall not apply under this subchapter, unless made applicable specifically, by reference in this part.
(1950 Reorg. Plan No. 19, § 1, 3 CFR, 1949– with the United States has undertaken 1953 Comp., p. 1010; 64 Stat. 1271) 18 F.R.
to provide such benefits. Every person 5296, Apr. 22, 1943, as amended at 16 F.R.
or dependent claiming benefits for in2933, Apr. 4, 1951; 25 F.R. 10795, Nov. 15.
jury, death, or detention under Title I of 1960)
such Public Law shall state whether or § 61.2 Deductions from benefits; exclu. not he has claimed, recovered, or is resions.
ceiving any payments whatsoever under (a) The provisions of Title I of such any workmen's compensation law, or unPublic Law No. 784, 77th Congress, der any agreement providing benefits in approved December 2, 1941 (relat
the nature of workmen's compensation ing to compensation benefits and for in benefits, on account of the same injury jury, death or enemy detention) shall not
or death for which benefits are sought in apply in the case of any person (1) whose
his claim under Title I of such Public residence is at or in the vicinity of the
Law, setting forth in such claim the place place of his employment, and (2) who is where such other claim was filed, and the not living there solely by virtue of the amounts of payments received, together exigencies of his employment, unless his
with such information as may be necesinjury or death resulting from injury oc
sary to identify (1) the agreement under curs, or his detention begins, while in the which payments are made, or (2) the course of his employment.
jurisdiction under the law of which such (b) No payment of benefits to any per
payments are made. son within any category specified in $ 61.1
(d) Where any person specified in (a), or to the dependent of such person,
section 101 (a), Title I of such Public on account of absence as therein speci
Law (and in 8 61.1 (a)), or the dependfied, shall be made during any period
ent, beneficiary, or allottee of such persuch person or dependent, respectively, son, receives or claims wages, payments has received, or may be entitled to re in lieu of wages, insurance benefits for ceive, any other payment from the United disability or loss of life (other than workStates, either directly or indirectly, be
men's compensation benefits), and the cause of such absence, unless such per
cost of such wages, payments, or benefits son or dependent refunds or renounces
is provided in whole or in part by the such other benefit or payment for the
United States, the amount of such wages, period claimed. Every person or de payments, or benefits shall be credited, in pendent filing a claim for benefits on ac
such manner as the Bureau shall decount of such absence or detention un termine, against any payments to which der Title I of such Public Law shall state any such person may be found entitled whether or not he has claimed, recovered,
under such Title I of such Public Law. or is receiving any payments whatsoever Every person or dependent claiming on account of such absence or detention,
benefits for injury, death nr detention setting forth the source or sources of such under such Title I shall state whether or payments, the weekly rate of payment, not he has claimed, recovered, received the period or periods during which such or is receiving any such wages, payments, payments have been received, and the or benefits, setting forth the source of place where any claim therefor was filed. such payments, the weekly amount of
(c) No benefits shall be paid or fur payment, the total sum received, and the nished under the provisions of Title I of
period covered by all payments received. such Public Law, that is, no compensa
Credits shall be applied under this subtion benefits for injury or death, or pay.
paragraph only where the wages, payment of accrued compensation for total
ments, or benefits received are items with disability to such persons or their de
respect to which the contractor with the pendents on account of such absence or
United States is entitled to reimbursedetention, to any person who recovers
ment by the United States, or where they or receives workmen's compensation
are otherwise reimbursable by the United benefits for the same injury or death
States. under any law (other than such Title I)
(e) Where a national of a foreign govof the United States, or under the law of ernment is entitled to benefits on acany State, Territory, possession, foreign count of injury or death resulting from country, or other jurisdiction, or benefits a war-risk hazard, under the laws of his in the nature of workmen's compensation native country or any other foreign benefits payable under an agreement ap country, the benefits provided under such proved or authorized by the United Title I of such Public Law shall not apStates pursuant to which a contractor ply. Every person or dependent claim
ing benefits for injury, death, or deten may commute all future installments of tion, under such Title I shall state in his compensation to be paid to such persons claim thereunder the name of the coun by paying to them one-half of the comtry of which he is a national, and whether muted amount of such future installor not he has claimed, received, or is re ments of compensation as determined by ceiving, or is entitled to, any benefits on the Bureau Persons coming within the account of the same injury or death un foregoing provisions, claiming disability der the laws of the country of which he benefits, who have left an unrelinquished is a national, or of any other foreign residence in the United States or Canada country, and where such claim has been to engage in employment within the purfiled, or may be filed.
view of section 101 (a) of Title I of such (f) Persons convicted in a court of Public Law, and who signify an Intencompetent jurisdiction of any subver tion to return to such residence, will be sive act against the United States or regarded as residents of the place at any of its allies, committed after the which they had their last permanent declaration of the President on May 27, residence. The foregoing provisions do 1941, of the national emergency, shall not apply to dependents claiming benenot, nor shall their beneficiaries, be en aits for detention under section 101 (b) titled to any benefits under Title I of of such Public Law; the rights of such such Public Law. As provided in such dependents are determinable under such Public Law, any person charged with section. the commission of such subversive act (b) In determining benefits for disashall have his compensation or other bility or death (including payments to benefits suspended until such charge is dependents on account of enemy detendisposed of, forfeiting such compensa tion), as provided in section 101 of such tion or benefits if convicted or dying Public Law, the minimum limit upon prior to such disposition, with removal
weekly compensation for disability and of forfeiture upon withdrawal or acquit the minimum limit on the average tal of such charge. Every person filing weekly wages on which death benefits claim under Title I of such Public Law
are to be computed, as fixed in section 6 shall state whether or not he has been
(b) and section 9 (e) of such Longshorecharged with such offense and the dis
men's and Harbor Workers' Compensaposition of any such charge.
tion Act, shall not apply. (g) Compensation for disability under
(c) If at the time a person sustains this subchapter, except under allowances
an injury coming within the purview of for scheduled losses of members or func
Title I of such Public Law, such person tions of the body, shall not be paid in
is receiving workmen's compensation any case in respect to any period of time
benefits on account of a prior accident during which benefits for detention may
or disease, said person shall not be enaccrue under this subchapter in the
titled to any benefits under such Title same case.
during the period covered by such work18 F.R. 5296, Apr. 22, 1943, as amended at 16 men's con pensation benefits unless the F.R. 2933, Apr. 4, 1951)
injury from a war-risk hazard increases 8 61.3 Limitations upon benefits.
his disability, and then only to the ex
tent such disability has been so in(a) Compensation for permanent total creased. Every person claiming benefits or permanent partial disability or for
under such Title I shall state whether or death payable under Title I of such Pub
not he is receiving or is entitled to relic Law to persons who are not citizens of
ceive workmen's compensation benefits the United States and who are not resi
from any source for the same condition dents of the United States or Canada,
or cause of disability as to which such shall be in the same amount as provided
claim relates, setting forth a suficient for residents; except that dependents in
reference to such other workmen's comany foreign country shall be limited to
pensation law, the nature of the disasurviving wife or husband and child or
bility for which compensation is paid children, or if there be no surviving wife
or payable, the amount of weekly comor husband or child or children, to sur
pensation for such disability, and the viving father or mother whom such per
name of the employer or Insurance carson has supported, either wholly or in rier obligated to him under such other part, for the period of one year immedi law. This provision is applicable only to ately prior to the date of the injury; and disability resulting jointly from two unexcept that the Bureau, at its option, related causes, namely, (1) prior indus
trial accident or disease, and (2) injury discretion, may waive such limitation from a war-risk hazard.
provisions. 8 61.4 Employee's notice of injury and § 61.6 Claim for detention benefits. claim.
(a) Pursuant to section 101(b) (1) of (a) To facilitate compliance with the
Title I of such Public Law, a claim for provisions of sections 15 to 20, inclusive,
detention benefits, as provided under of such act of September 7, 1916, as
such section, is required to be filed by amended and modified, notice of injury
dependents and others entitled thereto. and claim for compensation for dis
The bureau has provided appropriate ability payable under Title I of such Pub.
forms for such purpose (to be sworn lic Law may be given simultaneously,
to), applicable to missing persons, and whether or not actual or compensable
to the several classes of dependents as disability exists at time of Aling. The
specified in such Longshoremen's and Bureau has provided a combined notice
Harbor Workers' Compensation Act, of injury and claim form (sworn to by
made applicable by such Title I, but the claimant) to be used for such purpose,
rights of a beneficiary shall not be prejubut no injured person's rights shall be
diced because of failure to use such form, prejudiced because of failure to use such
provided such dependent files claim for form, provided such person files written
such detention benefits in other suficient notice of injury and claim in other suf
manner. The dependent in such case, 11 ficient manner, containing all material
an award is made, will be paid detention facts showing his right under such
beneits from the amount accruing as Title I.
compensation for total disability which (b) Whenever the Bureau shall find
has been credited to the account of the that, because of circumstances beyond
missing person relating to such dependthe control of an injured person, compli
ent. ance with the limitation provisions of
(b) In order to establish the amount sections 15 to 20, inclusive, of such act of September 7, 1916, as amended, could
of compensation for total disability, to
be credited to the account of a person not have been accomplished within the
missing as specified in section 101 (b), time therein specified, the Bureau, in
Title I, of such Public Law, as the its discretion, may waive such limitation
amount available for payments to deprovisions.
pendents (the balance thereof to be pay§ 61.5 Claim for death benefits.
able to such person upon his return from (a) For the purpose of compliance
such absence), the Bureau shall make with the provisions of sections 18 to 20,
such inquiry and investigation with reinclusive, of such act of September 7,
spect to the status of such missing per1916, as amended and modified, claim for son as the circumstances of his case compensation for death payable under shall require, and thereafter shall deterTitle I of such Public Law shall be filed.
mine his status. A determination that The Bureau has provided appropriate
an individual has been detained by the forms for such purpose (to be sworn to),
enemy may be made on the basis that he applicable to the various classes of bene has disappeared under circumstances ficiaries as specified in such Longshore
such as to make such detention appear men's and Harbor Workers' Compensa probable. In making such determination Act, made applicable by such Title I,
tion the Bureau will consider the inforbut the rights of a beneficiary shall not mation and the conclusion of the Debe prejudiced because of failure to use
partment or agency of the United States such form, provided such beneficiary files
having knowledge of the circumstances claim for such compensation in other surrounding the absence of such misssuficient manner, containing all mate ing person, as prima facie evidence of rial facts showing a right to benefits the status of such person. Dependents under such Title I.
making claim for such detention benefits (b) Whenever the Bureau shall find may be required to submit all evidence that, because of circumstances beyond
available to them relative to the employthe control of such beneficiary, compli
ment status of the missing person and to ance with the limitation provisions of
the circumstances of such absence. The sections 18 to 20, inclusive, of such act
filing of the prescribed notice of injury, of September 7, 1916, as amended, could claim for compensation for total disanot have been accomplished within the bility, and forms relating to disability time therein specified, the Bureau, in its compensation, shall not be required in