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ffect such rights. · Whenever further djudicatory processes before such depty commissioner, board or agency, or ribunal are necessary, the Bureau will etransfer such case to the employer, carrier, or fund for completion of such processes. The Bureau may retransfer any case to an employer, carrier or fund either for the purpose of completion of such adjudicatory processes or for continuation of payments of benefits, whenever the Bureau deems such course advisable or necessary; failure to take necessary steps in the further adjudication of a case, either when necessary, when requested by the Bureau, or pursuant to notice received by the employer, carrier cor fund from a person entitled to benefits, his representative, or any party in
interest, or the adjudicating agency concerned, may result in refusal by the Bureau to continue the direct payment of benefits in such case and refusal to reimburse such employer, carrier or fund with respect to any future accruing benefits which it may have liability to pay, unless the circumstances justified such failure.
(g) Claims expense incident to the further handling of such a claim, retransferred to an employer, carrier or fund, will be processed by reimbursement under the provisions of the regulations in this part, or, in lieu of such manner of reimbursement, may be paid pursuant to a contract with an insurance carrier as provided for by $ 61.22 of this subchapter. (Sec. 104, 56 Stat. 1031; 42 U. S. C. 1704)
SUBCHAPTER G-COMPENSATION FOR INJURY, DISABILITY OR
DEATH OF CIVILIAN AMERICAN CITIZENS INCURRED WHILE DETAINED BY OR IN HIDING FROM THE IMPERIAL JAPANESE GOVERNMENT
PART 71 – GENERAL PROVISIONS of 1948, the rights of individuals to bene.
fits payable under this subchapter shall Sec. 71.1 General administrative provisions.
accrue from and after December 7, 1941, 71.2 Computation of benefits.
subject, however, to all of the provisions 71.3 Deductions from benefits.
of said act and the regulations in this 71.4 Limitation upon benefits.
subchapter. 71.5 Payment of benefits.
(b) The regulations in Part 61 of Sub71.6 Notice of injury or death.
chapter F of this chapter governing the 71.7 Claim filing, processing, adjudication
administration of the benefits provided and time limits.
under Titles I and II of the said act of AUTHORITY: The provisions of this part December 2, 1942, as amended, shall, 71 issued under sec. 32, 39 Stat. 749, as insofar as they are applicable and are i amended, sec. 106, 56 Stat. 1033, as amended, not inconsistent with any of the proI sec. 5, 62 Stat. 1242, as amended; 5 U.S.C.
visions of this subchapter, govern the 8145, 8149, 42 U.S.C. 1706, 50 U.S.C. App., 2004.
administration of the benefits payable SOURCE: The provisions of this Part 71 under this subchapter. Provisions of appear at 16 F.R. 2933, Apr. 4, 1951, unless otherwise noted,
such regulations relating to benefits for
detention by the enemy, reimbursement $ 71.1 General administrative provisions. to an employer or insurance carrier, and (a) Section 5 (f) of the War Claims
limitations on benefits in cases where 1 b Act of 1948 (act of July 3, 1948;
workmen's compensation is payable are e Public Law 896, 80th Cong., 62 Stat. 1240)
not applicable to the benefits provided in rigt makes provision for the payment of
this subchapter nor are they within the can benefits with respect to the injury, dis
purview of this subchapter.
The protime ability or death resulting from injury of
visions of sections 101 (b), 104 and 105 con any civilian American citizen occurring
of such act of December 2, 1942, and the on while he was held by or in hiding from
various provisions of Part 61 of this on the Imperial Japanese Government to
chapter relating to such provisions, acut the same extent as if such civilian Amer
cordingly, are not applicable to the pay
ment of benefits under this subchapter. ican citizen were an employee within the purview of the act of December 2, 1942
(c) All rights or benefits under this Public Law 784, 77th Cong., 56 Ştat. subchapter which are determinable with 8, 42 U. S. C. 1701, et seq.). Under reference to other provisions of law other on 5 (f) of the said War Claims Act than the said War Claims Act of 1948,
shall be determined with reference to such provisions as they existed and were in force on January 3, 1948.
(d) As used in this subchapter:
(1) The term “Bureau" means the Bureau of Employees' Compensation, United States Department of Labor.
(2) The term "civilian American citizen" means any person who, being then a citizen of the United States, was captured by the Imperial Japanese Government on or after December 7, 1941, at Midway, Guam, Wake Island, the Philippine Islands, or any Territory or possession of the United States attacked or invaded by such government or while in transit to or from any such place, or who went into hiding at any such place in order to avoid capture or internment by such government; except (i) a person who at any time voluntarily gave aid to, collaborated with, or in any manner served such government, or (ii) a person who at the time of his capture or entrance into hiding was within the purview of the Federal Employees' Compensation Act of September 7, 1916, as amended and extended, or the said act of December 2, 1942, as amended, or the Missing Persons Act of March 7, 1942 (56 Stat. 143), as amended, or who was & regularly appointed, enrolled, enlisted, or inducted member of any military or naval force.
(3) The terms "held by the Imperial Japanese Government” or “captured by the Imperial Japanese Government" mean a holding of such person as a prisoner, internee, hostage or in any other capacity.
(4) The terms "compensation", "physician" and "medical, surgical and hospital services and supplies" shall be construed and applied as defined in the Federal Employees' Compensation Act of September 7, 1916, as amended.
(5) The term “benefit" is construed as synonymous with the term “compensation”.
(6) The terms “disability", "wages”, "child", "grandchild", "brother", "sister”, "parent", "widow", "widower”, "adoption" or "adopted" shall be construed and applied as defined in the Longshoremen's and Harbor Workers' Compensation Act, as amended. 8 71.2 Computation of benefits.
(a) For the purpose of determining the benefits under this subchapter, the average weekly wage of any such civilian
American citizen, whether employed, self-employed, or not employed, shall be deemed to have been $37.50. The provisions of this subchapter are applicable and benefits are payable whether or not such civilian American citizen was employed. Monthly compensation in cases involving partial disability shall be determined by the percentage which the degree of partial disability bears to total disability, and shall not be determined with respect to the extent of loss of wageearning capacity.
(b) Notwithstanding any of the provisions of Part 61 of this chapter, total maximum aggregate compensation for disability payable under this subchapter is limited to $7,500 in case of injury and $7,500 in case of death, such sum being exclusive of medical costs and funeral and burial expenses. 871.3 Deductions from benefits.
If a civilian American citizen or his dependents receives or has received from the United States any payments on account of the same injury or death, or from his employer in the form of wages or payments in lieu of wages, or in any form of support or compensation (including workmen's compensation) in respect to the same objects, the benefits under this subchapter shall be diminished in the case of an injured person by the amount of payments such injured person received on account of the same injury or disability, or in the case of dependents, by the amount of payments such dependents of the deceased civilian American citizen received on account of the same death, as the case may be. § 71.4 Limitation upon benefits.
No person, except a widow or a child, shall be entitled to benefits under this subchapter for disability with respect to himself and to death benefits on account of the death of another. 8 71.5 Payment of benefits.
(a) Benefits under this subchapter payable for disability or death shall be paid only to the person entitled thereto, or to his legal or natural guardian it ho has one, and shall not upon death of the person so entitled survive for the benefit of his estate or any other person.
(b) The benefit of a minor or an incompetent person who has no natural or legal guardian may, in the discretion of
| the Bureau be paid in whole or in such $ 71.7 Claim filing, processing, adju| part as the Bureau may determine, for dication and time limits. | and on behalf of such minor or incom
(a) Claims for injury, disability or | petent directly to the person or institu
death benefits payable under section 5 (f) | tion caring for, supporting or having
of the said War Claims Act of 1948, origicustody of such minor or incompetent.
nating in the United States or in its Ter(c) In any case in which benefits are
ritories or possessions, shall be filed by | payable under this subchapter to any person who is prevented from accepting
mailing to the Bureau of Employees'
Compensation, United States Departsuch benefits by the rules, regulations
ment of Labor, Washington, D.C. 20211. | or customs of the church or the religious
All claims originating in the Philippine i order or organization of which he is a member, such benefits will be paid, upon
Islands may be filed by mailing to the
Bureau of Employees' Compensation, | the request of such person, to such
United States Department of Labor, Ma| church or to such religious order or
nila, P.I. All claims will be finally procorganization.
essed and adjudicated by the Bureau at 8 71.6 Notice of injury or death.
its principal office in Washington, D.C.
(b) The limitation provisions for the Notwithstanding any of the provisions filling of claims for disability or death in Part 61 of this chapter, no notice or re benefits, as prescribed by applicable proport of injury or death shall be required visions of statute, shall not begin to run for claims filed under this subchapter. earlier than July 3, 1948.
CHAPTER II-RAILROAD RETIREMENT BOARD
CROSS REPERENCES: Social Security Administration, Department of Health, Education, and
Welfare: See Chapter III of this title; Rules of Procedure, National Rallroad Adjustment Board: See 29 CFR, Chapter III.
SUBCHAPTER A-PROCEDURES AND FORMS
Procedures and forms.
SUBCHAPTER B-REGULATIONS UNDER THE RAILROAD RETIREMENT ACT
201 202 203 204 205 208 209 210 214 216 217 220 222 225 232 234 236 237 238 239 240 250