at his last known address within such 30-day period. The provisions for review in §§ 02.2 and 02.3 are applicable to such final decision.

§ 02.8

Withdrawal of request for hearing; abandonment.

A claimant may withdraw his request for a hearing at any time prior to the mailing of the decision, by written notice to the Office representative so stating, or by orally so stating at the hearing. A claimant shall be deemed to have abandoned his request for a hearing if he fails to appear at the time and place set for the hearing and does not, within 10 days after the time set for the hearing, show good cause for such failure to appear.

WAR HAZARDS COMPENSATION ACT

The procedure in respect to the benefit provisions, insofar as administration of the War Hazards Compensation Act (56 Stat. 1028, as amended, 42 U.S.C. 1701 et seq.) is concerned, is stated in detail by the regulations in Subchapter F of this chapter. Under such regulations claims may be filed directly with the Office or with a person designated by the Office and may be processed completely by the Office or completely or partially by the authorized OFEC field officers. The final authority in the approval of claims is the Director or Acting Director, Office of Federal Employees' Compensation. Review of claims is the same as in cases under the Federal Employees' Compensation Act (see §§ 02.2, 02.3, 02.4). § 02.32

Forms.

The procedure in respect to the administration of functions of the Secretary of Labor under the benefit provisions of the War Claims Act of 1948 (62 Stat. 1240, 50 U.S.C. App. 2003) is set forth in detail by regulations in Subchapter G of this chapter and, by reference therein, to pertinent regulations in Subchapter F of this chapter. Under such regulations claims must be filed with the Office or with a person designated by the Office for such purpose. The final authority in the Office in the approval or rejection of claims is the Director or Acting Director thereof. Review of claims is as in cases under the Federal Employees' Compensation Act (see §§ 02.2, 02.3, 02.4). § 02.52 Forms.

The Director or Acting Director, OFEC, may from time to time issue and require the use of forms which, in his opinion, will facilitate the processing of any claim filed under the War Claims Act of 1948.

(a) The principal function of the OFEC and its subordinate parts is that of adjudicating claims for workmen's compensation. This function is quasijudicial in character and involves the application of statutes and principles of law to resolve factual situations. This field of activity is within the specialized branch of the law generally referred to as "workmen's compensation," and has its own particularized principles which have general applicability to workmen's compensation statutes (State and Federal), as such statutes have certain common or underlying similarity in respect to the meaning of terms and phrases, and in respect to scope, jurisdiction, and general basic concepts of employer liability.

(b) In the administration of the several workmen's compensation laws within its jurisdiction, the Office has one general policy, which is to follow and to adhere to the principles of workmen's

compensation law as stated in the opinions of the Supreme Court, the Federal Circuit Courts of Appeal, and the District Courts of the United States, as they may appropriately be applied or have been determined by the Employees' Compensation Appeals Board (ECAB) to apply in like situations arising under the laws administered by the OFEC. In addition, decisions and opinions of the judicial tribunals of the several States furnish principles of law of general applicability in the specialized field of workmen's compensation, which form parts of the foundation of general principles relied upon in the application and interpretation of the several acts administered by the Office. The Office applies the statute, applicable in respect to a particular case or situation, to the extent that the statute can readily be applied without extrinsic aid, but where such aid is necessary the source thereof is the body of principles embodied in authoritative decisions of the courts and

the ECAB within such well-recognized branch of the law.

(c) Certain statutes administered by the Office (relating to military or quasimilitary establishments) contain as the fundamental prerequisite to compensation that injury or death shall have occurred in the "line of duty”—a phrase not having a counterpart in workmen's compensation statutes. The policy of the Office in respect to such phrase is to follow the principles and interpretations in respect thereto as may be applied by the particular service in which the disabled or deceased individual served.

(d) To the extent that any rule of substantive nature may appear in the published regulations of the OFEC, such regulations are made part of this section.

(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) [37 F.R. 22981, Oct. 27, 1972]

Recurrence of disability for work. Claims for continued compensation for disability.

[Reserved]

Records relating to Federal Employees' Compensation Act matters as records of Bureau of Employees' Compensation.

1.22 Inspection of records of Bureau relating to FECA matters.

1.25

Sec.

1.2

1.1 General provisions: definitions. Notice of injury.

1.3

Reports by official superiors and physicians.

1.23

1.4

1.24

1.5

1.7

1.8

1.9

1.10

1.11

1.12

1.13

1.14

1.15

Employee's obligation to return to work or to seek work when able.

Affidavit or report by employee of em-
ployment and earnings.

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

Original claims for death benefits.
Continuance of compensation on ac-
count of death.

Termination of the right to compensation for death.

1.16 Change in status of beneficiaries affecting compensation for death.

1.17

1.18

1.19

Burial expenses.

Embalming and transportation of bodies of deceased employees. Overpayments by mistake.

135 F.R. 1284, Jan. 31, 1970.

AUTHORITY: The provisions of this Part 1 issued under sec. 32, 39 Stat. 749, as amended; 5 U.S.C. 8145, 8149; 1946 Reorg. Plan No. 2, § 3, 3 CFR 1943-1948 Comp., p. 1064; 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, 3 CFR, 1949-1953 Comp., p. 1010; 64 Stat. 1271, unless otherwise noted. § 1.1

General provisions: definitions.

(a) The administration of the Federal Employees' Compensation Act, as codified in 5 U.S.C. Ch. 81, is placed in the Department of Labor, under the direction and supervision of the Secretary of Labor or his designees in the Department. The Bureau of Employees' Compensation is authorized by the Secretary of Labor to decide all questions arising under the act. The Bureau is

authorized under such act, upon consideration of a claim presented by a beneficiary and official reports pertaining to injury or death sustained by a civil employee of the United States while in the performance of duty and upon completion of such investigation as it may deem necessary, to determine the facts and make an award for or against payment of the compensation provided for in said act. The Bureau has power, under the provisions of the said act to issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles, to require the production of books, papers, documents, and other evidence, to administer oaths, and to examine witnesses, upon any matter within the jurisdiction of the Bureau.

(b) [Reserved]

(c) All employees of the United States and other persons who may claim or be entitled to claim benefits under the said act, and the official superiors of all such persons, shall be bound by the regulations in this subchapter and shall conform to the procedure prescribed in said act and in the regulations under this subchapter. The term "official superior," as used in this subchapter, includes all officers and employees having responsible supervision, direction or control of civil employees, others employed in the service of the Federal Government or the government of the District of Columbia, and other persons performing service for the United States within the purview of said act and all acts in amendments, substitution or extension thereof. For the purposes of the regulations in this subchapter the term "employee" as used in this subchapter shall include all civil officers and employees of all branches of the Government of the United States (including officers and employees of instrumentalities of the United States wholly owned by the United States), employees of the government of the District of Columbia (except members of the Police and Fire Departments of the District of Columbia), members of the Reserve Officers' Training Corps, an individual appointed to the staff of a former President, Civil Air Patrol volunteers, Peace Corps volunteers, Job Corps enrollees, Youth Conservation Corps enrollees, Volunteers in Service to America, members of the National Teachers' Corps, members of the Neighborhood Youth Corps, student employees as defined in 5 U.S.C. 5351, employees of the Canal Zone and the Alaskan Railroad,

law enforcement officers not employees of the United States killed or injured under certain circumstances involving a crime against the United States, and other persons performing service for the United States within the purview of said act and all acts in amendments, substitution or extension thereof.

(d) The term "employee" shall also include persons rendering personal services of a kind similar to those of civilian officers or employees of the United States to any department, independent establishment, or agency thereof (including instrumentalities of the United States wholly owned by it), without compensation or for nominal compensation, in any case in which acceptance or use of such services is authorized by an act of Congress or in which provision is made by law for payment of the travel or other expenses of such person.

(e) All definitions appearing in the act are applicable with respect to the regulations promulgated under this subchapter.

(f) In the case of employees of the Canal Zone Government and the Panama Canal Company, the Federal Employees' Compensation Act is administered by the Governor of the Canal Zone; and inquiries pertaining to such coverage and eligibility should be directed to the Governor of the Canal Zone.

[13 F.R. 7668, Dec. 10, 1948, as amended at 14 F.R. 7374, Dec. 9, 1949; 35 F.R. 1284, Jan. 31, 1970; 36 F.R. 8936, May 15, 1971]

§ 1.2 Notice of injury.

(a) Whenever any injury is sustained by an employee of the United States while in the performance of his duty, he shall immediately give written notice to his official superior. If the injured employee is unable to give such notice, it may be given by someone in his behalf. Form CA-1 and 2 (Front), Employee's Notice of Injury and Occupational Disease, is provided by the Bureau for this purpose. Unless written notice of injury is given within 48 hours or unless the immediate superior has actual knowledge of the injury within that time, compensation may be refused. For reasonable cause the Bureau may accept written notice of injury given later than 48 hours, but not later than 1 year after the injury. (See § 1.13 for waiver of limitation provision.)

(b) Whenever such an injury comes to the knowledge of the injured employee's official superior, a record of the cause,

nature, and extent of the injury shall be made by the official superior, who shall call to the attention of the employee or his immediate family (if the employee is unable to do so) the necessity of submitting, within 48 hours, or as soon after injury as practicable, a Notice of Injury or Occupational Disease on Form CA-1 and 2 (Front). The official superior shall complete the receipt on the bottom of the instruction sheet attached to the Form CA-1 and 2, and give the receipt to the employee. He also shall secure the signed statements of witnesses to the occurrence and shall retain the Form CA-1 and 2 until the injury is reported to the Bureau as required in § 1.3. [36 F.R. 8936, May 15, 1971]

§ 1.3

Reports by official superiors and physicians.

(a) The official superior is required to promptly submit to the Bureau a written report of every injury or occupational disease when it is likely to (1) result in a medical charge against the Bureau, (2) result in disability for work beyond the day of injury, (3) require prolonged treatment, (4) result in future disability, or (5) result in permanent disability. Form CA-1 and 2 (Back), Official Superior's Report of Injury, is provided for this purpose. The report may be withheld until the employee returns to work when it appears he will not be absent for more than 3 days. The official superior shall also furnish the Bureau with a report of any investigation made and any other statements or data which may properly relate to the circumstances of the injury. If the injury need not be reported to the Bureau, the Form CA-1 and 2 shall be retained as a permanent record in the employee's personnel folder.

(b) In all cases reported, the Bureau shall be furnished with an immediate medical report from the attending physician. This report may be made: (1) On Part B of Form CA-16, Revised; (2) on Form CA-20, Attending Physician's Report; or (3) by narrative report on the physician's letterhead stationery.

(c) Other reports shall be submitted by the official superior and attending physician as described elsewhere in this part or at other times as may be required by the Bureau.

[36 F.R. 8936, May 15, 1971]

§ 1.4 Claim for compensation for disability.

(a) Compensation for disability will not be paid unless written claim therefor is made by the employee or by someone in his behalf within the time limit prescribed by the Act. If such claim is not submitted within 60 days after the injury, an explanation of the delay must accompany the claim. For any reasonable cause shown the Bureau may allow claim for compensation for disability to be made at any time within 1 year. (For further waiver of limitation provision see § 1.13.) For purposes of this subsection, a claim means any written document containing, or purporting to contain, words indicating an intent to claim compensation benefits under this Act. Claim may be filed by delivering it to the offices of the Bureau, or to any person designated by the Bureau to receive it. The employee's official superior is so designated to receive claims on behalf of the Bureau, and the injured employee should submit his claim to him for transmission to the Bureau unless special circumstances require a different procedure.

(b) Notwithstanding the filing of any document provided for by paragraph (a) of this section, no disability compensation shall be payable unless the employee completes the front of a Form CA-4 and submits it to his official superior. The employee and his official superior shall complete the Form CA-4. The official superior also shall complete items 1-4 on the front of the attached Form CA-20 and insert the appropriate Bureau office address on the back thereof, and then detach the Form CA-20 and send it to the attending physician for completion and submission to the Bureau. The official superior shall promptly forward the completed Form CA-4 to the appropriate Bureau office. Unless otherwise specified, the appropriate Bureau office is that to which the Form CA-1 and 2 was submitted pursuant to § 1.2 and 1.3.

(c) Whenever an employee, as a result of an injury in the performance of duty, is disabled with loss of pay for more than 3 days his official superior shall furnish to him Form CA-4 for the purpose of claiming compensation, and shall advise him of his rights under the Act. (d) Claims for compensation permanent disability which involve the loss, or loss of use, of a member or function of the body as listed in 5 U.S.C. 8107, shall be filed on Form CA-4 which the official superior shall furnish.

for

(e) Claims for serious disfigurement of the face, head, or neck shall be made on Form CA-4 (which shall be furnished by the official superior) and supplemented by Form CA-4B (which shall be furnished by the Bureau). If any compensation has been paid or is payable for any such prior disfigurement the date of such prior injury, the amount of compensation and the source thereof shall be stated in the said CA-4, or as supplemented by Form CA-4B.

(f) Form CA-4 shall be filed with the Bureau upon termination of disability if the duration of disability should be less than 10 days, or at the expiration of 10 days from the date pay stops if disability continues beyond that date.

(g) A valid claim for disability compensation may be filed within the time limit specified by the Act by someone acting on behalf of the employee or his estate.

(h) An employee may decide to take sick and/or annual leave in order to avoid possible interruption of income. If he does and his claim for compensation on Form CA-4 is subsequently approved, he may arrange with his employing establishment to "buy back" the leave used and have it reinstated to his account. The compensation to which he is entitled would pay a part of the "buy back" cost and the employee would have to pay the balance. The amount the employee will be required to pay will depend on several factors such as length of the period of disability and the amount of Federal income tax which is withheld from his leave pay. The establishment can help the employee determine how much the "buy back" cost will be in his case. If an employee uses leave and decides to buy it back, he may file a claim for compensation on Form CA-4 while still in leave status. In the interim, the Bureau will consider and resolve any points at issue. No compensation payments may be paid, however, while the employee is still in leave status. Arrangements to "buy back" leave must be made with the employing establishment. The establishment may make arrangements to have compensation paid directly to its account for the part of the "buy back" cost which is covered.

[36 F.R. 8936, May 15, 1971] § 1.5

Application for augmented compensation for disability.

(a) While the disabled employee has one or more dependents as defined in

disability shall be augmented as provided in said section. The Bureau's Form CA-4 includes an application for such augmented compensation.

(b) Augmented compensation payable while a disabled employee has an unmarried child as defined by 5 U.S.C. 8110, which would otherwise terminate because the child reaches the age of 18, may be continued while the child is a student regularly pursuing a full-time course of study or training as defined by § 1.14(c).

(c) The disabled employee claiming augmented compensation under this section shall furnish, when so required by the Bureau, proof of continuing entitlement to augmented compensation as set forth in paragraph (a) of this section.

(d) The disabled employee receiving augmented compensation under this section shall promptly notify the Bureau of the happening of any event which would no longer entitle him to augmented compensation under the provisions of 5 U.S.C. 8110. Any checks or payments received after the occurrence of such event shall be returned promptly to the office from which it was received. [32 F.R. 2699, Feb. 9, 1967, as amended at 36 F.R. 8937, May 15, 1971]

§ 1.6 Report of termination of disability or return to work.

In all cases reported to the Bureau the official superior is required to notify the Bureau immediately when the injured employee returns to work or when his disability ceases. Form CA-3, Report of Termination of Total or Partial Disability, is provided for this purpose. It shall be used unless a report of termination of disability is made to the Bureau on Form CA-1 and 2, or CA-4, or in some other

manner.

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

§ 1.7 Recurrence of disability for work.

(a) The official superior shall notify the Bureau if, after the employee returns to work, the same injury causes him to stop work again. This report shall be made on Form CA-2a, Notice of Recurrence of Disability. If the injured employee does not return to duty prior to the date this form is submitted to the Bureau, an additional report shall be made on Form CA-3 or in a similar manner when he either returns to work or his disability ceases.