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SUBCHAPTER A ORGANIZATION AND PROCEDURES 1

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PART 01-PERFORMANCE OF FUNCTIONS UNDER THIS CHAPTER Sec. 01.1 Establishment of Office of Federal Em

ployees' Compensation (OFEC). 01.2 Transfer of functions to Office of

Federal Employees' Compensation

(OFEC). AUTHORITY: The provisions of this Part 01 issued under 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.

SOURCE: 37 F.R. 22980, Oct. 27, 1972, unless otherwise noted. § 01.1 Establishment of Office of Fed.

eral Employees' Compensation

(OFEC). The Assistant Secretary of Labor for Employment Standards, by authority vested in him by the Secretary of Labor in Secretary's Order No. 13–71, 36 F.R. 8755, has established in the Employment Standards Administration (ESA) an Office of Federal Employees' Compensation (OFEC). The Assistant Secretary has further designated as the head thereof a Director who, under the general supervision of the Deputy Assistant Secretary for Employment Standards/WageHour Administrator and the Deputy Administrator, shall administer the programs assigned to that Office by the Assistant Secretary. § 01.2 Transfer of functions to Office

of Federal Employees' Compensation

(OFEC). Pursuant to the authority vested in him by the Secretary of Labor, the Assistant Secretary for Employment Standards has transferred from the Bureau of Employees' Compensation to the Office of Federal Employees' Compensation all functions of the Department of Labor with respect to the administration of benefits programs under the following statutes:

(a) The Federal Employees' Compensation Act, as amended and extended, 5 U.S.C. 8101-8150, 8191–8193;

(b) The War Hazards Compensation Act, 42 U.S.C. 1701 et seq.;

PART 02-PROCEDURES FEDERAL EMPLOYEES' COMPENSATION ACT Sec. 02.1 Processing of claims. 02.2 Review by OFEC. 02.3 Review by Employees' Compensation

Appeals Board. 02.4 Request for a hearing. 02.5 Time and place of hearing; prehear

ing conference. 02.6 Conduct of hearing. 02.7 Termination of hearing; decision; re

view of decision. 02.8 Withdrawal of request for hearing;

abandonment.

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02.51 General procedure. 02.52 Forms.

AUTHORITY: The provisions of this part 02 issued under 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.

SOURCE: 37 F.R. 22980, Oct. 27, 1972, unless otherwise noted. FEDERAL EMPLOYEES' COMPENSATION ACT § 02.1 Processing of claims.

(a) Claims for compensation for disability and death are processed by claims examiners of the Office of Federal Employee's Compensation, U.S. Department of Labor, whose duty it is to apply the law to the facts as reported, received, or obtained upon investigation. The Federal Employee's Compensation Act, as amended, requires determination of a

137 F.R. 22979, Oct. 27, 1972.

claim, with findings of fact and a decision for or against the payment of compensation, upon consideration of the claim presented by the claimant, the report by his immediate superior, and the completion of such investigation as the Office may deem necessary. There is no required procedure for the production of evidence, and evidence in written form is accepted. The final authority in the Office in the determination of a claim is vested in the Director or Acting Director of the Office. The decision shall contain findings of fact and a statement of reasons. A copy of the decision, together with information as to the right to a hearing, to a review, and to an appeal to the Employee's Compensation Appeals Board, shall be mailed to the claimant at his last known address.

(b) For the purposes of this Chapter I, the "Federal Employees' Compensation Act” includes all laws providing or extending the protection of the Federal Employees' Compensation Act, 5 U.S.C. 8101 et seq. See also $ 1.1(c) of this chapter. $ 02.2 Review by OFEC.

An award for or against the payment of compensation may be reviewed by the Office under 5 U.S.C. 8128(a) at any time, on its own motion or on application of the claimant. No formal application for review is required, but a written request for review, stating reasons why the decision should be changed and accompanied by evidence not previously submitted to the Office, is necessary to invoke action. Such request shall be made to the Director, Office of Federal Employees' Compensation, U.S. Department of Labor, Washington, D.C. 20211. $ 02.3 Review by Employees' Compen

sation Appeals Board. Final decisions of the Office are subject to review by the Employees' Compensation Appeals Board (ECAB), U.S. Department of Labor, under the rules of procedure set forth in Part 501 of this title. $ 02.4 Request for a hearing.

Prior to any review under $ 02.2, any claimant for compensation not satisfied with a decision of the Office shall, upon written request made within 30 days after the date of issuance of such decision, be afforded an opportunity for a hearing before an Office representative desig

nated by the Director or Acting Director. The request for hearing shall be made to the Director, Office of Federal Employees' Compensation, U.S. Department of Labor, Washington, D.C. 20211. At such : hearing, the claimant shall be afforded an opportunity to present evidence in further support of his claim. $ 02.5

Time and place of hearing; prehearing conference. The Office representative shall set the time and place of the hearing, and shall · mail written notice thereof to the claimant at least 10 days prior to the hearing. The hearing will, when practicable, be set at a time and place convenient for the claimant. The Office representative may, and when so requested by the claimant: shall, afford the claimant a prehearing conference to clarify the issues in his claim and, when necessary, shall post-. pone the hearing for this purpose. Request for such conference may be made to the Office representative orally or in writing. $ 02.6

Conduct of hearing. In conducting the hearing, the Office representative shall not be bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by section 5 of the Administrative Procedure Act, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose he shall receive such relevant evidence as may be adduced by the claimant and shall, in addition, receive such other evidence as he may determine to be necessary or useful in evaluating the claim. Evidence may be presented orally or in the form of written statements and exhibits. The hearing shall be recorded, and the original of the complete transcript shall be made a part of the claims record. $ 02.7

Termination of hearing; deci. sion; review of decision. The Office representative shall fix the time within which he will receive evidence, and shall terminate the hearing by mailing a copy of his tentative decision, setting forth the basis therefor, to the claimant at his last known address. Such tentative decision shall become the final decision unless revised within 30 days. A copy of any revision of the tentative decision, setting forth the basis therefor, shall be mailed to the claimant

at his last known address within such tor's Office, U.S. Department of Labor. 30-day period. The provisions for re The final authority in the Office in the view in $$ 02.2 and 02.3 are applicable approval of such claims is the Director to such final decision.

or Acting Director thereof. 8 02.8 Withdrawal of request for hear.

WAR CLAIMS ACT ing; abandonment.

& 02.51

General procedures. A claimant may withdraw his request

The procedure in respect to the adfor a hearing at any time prior to the

ministration of functions of the Secretary mailing of the decision, by written notice

of Labor under the benefit provisions of to the Office representative so stating, or

the War Claims Act of 1948 (62 Stat. 1240, by orally so stating at the hearing. A

50 U.S.C. App. 2003) is set forth in detail claimant shall be deemed to have aban

by regulations in Subchapter G of this doned his request for a hearing if he

chapter and, by reference therein, to fails to appear at the time and place set

pertinent regulations in Subchapter F of for the hearing and does not, within 10

this chapter. Under such regulations days after the time set for the hearing,

claims must be filed with the Office or show good cause for such failure to ap

with a person designated by the Office for pear.

such purpose. The final authority in the WAR HAZARDS COMPENSATION ACT Office in the approval or rejection of

claims is the Director or Acting Direc& 02.31 General procedures.

tor thereof. Review of claims is as in The procedure in respect to the benefit cases under the Federal Employees' Comprovisions, insofar as administration of

pensation Act (see $$ 02.2, 02.3, 02.4). the War Hazards Compensation Act (56 Stat. 1028, as amended, 42 U.S.C. 1701

8 02.52 Forms. et seq.) is concerned, is stated in detail The Director or Acting Director, by the regulations in Subchapter F of OFEC, may from time to time issue and this chapter. Under such regulations require the use of forms which, in his claims may be filed directly with the opinion, will facilitate the processing of Office or with a person designated by the any claim filed under the War Claims Act Office and may be processed completely of 1948. by the Office or completely or partially by the authorized OFEC field officers. PART 03-STATEMENT RELATIVE TO The final authority in the approval of claims is the Director or Acting Director,

SUBSTANTIVE RULES Office of Federal Employees' Compensa $ 03.1

Statement relative to substantive tion. Review of claims is the same as in

rules. cases under the Federal Employees' Com

(a) The principal function of the pensation Act (see $$ 02.2, 02.3, 02.4).

OFEC and its subordinate parts is that $ 02.32 Forms.

of adjudicating claims for workmen's The Director or Acting Director, OFEC,

compensation. This function is quasi

judicial in character and involves the apmay from time to time issue and require the use of forms which, in his opinion,

plication of statutes and principles of law will facilitate the processing of any claim

to resolve factual situations. This field filed under the War Hazards Compensa

of activity is within the specialized

branch of the law generally referred to tion Act.

as “workmen's compensation," and has § 02.33 Reimbursable insurance claims. its own particularized principles which Reimbursement of employers, in

have general applicability to workmen's surance carriers, and compensation

compensation statutes (State and Fedfunds, for losses resulting from hazards

eral), as such statutes have certain comof the war, is provided for in the War

mon or underlying similarity in respe Hazards Compensation Act. The pro

to the meaning of terms and phrases, and cedure in respect to reimbursement and

in respect to scope, jurisdiction, and genthe prerequisites of claims are set forth eral basic concepts of employer liability. in detail by the regulations in Subchap

(b) In the administration of the sevter F of this chapter. Under such regula eral workmen's compensation laws withtions claims may be filed directly with the in its jurisdiction, the Office has one Office. They are examined by the Office general policy, which is to follow and to officials after verification by the Solici 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]

SUBCHAPTER B-FEDERAL EMPLOYEES' COMPENSATION ACT 1

PART 1-CLAIMS FOR COMPENSA

TION AND ADMINISTRATIVE PRO-
CEDURE

Sec.

General provisions: definitions. 1.2 Notice of injury. 1.3 Reports by official superiors and physi

cians. 1.4 Claim for compensation for disability. 1.5 Application for augmented compensa

sation for disability. 1.6 Report of termination of disability or

return to work. 1.7 Recurrence of disability for work. 1.8 Claims for continued compensation for

disability. 1.9 Employee's obligation to return to work

or to seek work when able. 1.10 Affidavit or report by employee of em

ployment and earnings. 1.11

Claims for balance of schedule due at

death from other causes. 1.12 Report of death. 1.13 Original claims for death benefits. 1.14

Continuance of compensation on ac

count of death. 1.15

Termination of the right to compensa

tion for death. 1.16 Change in status of beneficiaries affect

ing compensation for death. 1.17 Burial expenses. 1.18 Embalming and transportation of bod

ies of deceased employees. 1.19 Overpayments by mistake.

Sec 1.20 [Reserved) 1.21 Records relating to Federal Employees'

Compensation Act matters as records of Bureau of Employees' Compensa

tion. 1.22 Inspection of records of Bureau re

lating to FECA matters. 1.23 Waiver not authorized. 1.24 Representation of claimants and ap

proval of claims for legal and other

services. 1.25 Retroactive effective dates and pro

cedures under Federal Employees' Compensation Act Amendments of

1949. 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

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

authorized under such act, upon consid law enforcement officers not employees eration of a claim presented by a benefi of the United States killed or injured ciary and official reports pertaining to under certain circumstances involving & Injury or death sustained by a civil em crime against the United States, and ployee of the United States while in the other persons performing service for the performance of duty and upon comple United States within the purview of said tion of such investigation as it may deem act and all acts in amendments, substinecessary, to determine the facts and tution or extension thereof. make an award for or against payment (d) The term "employee" shall also of the compensation provided for in said Include persons rendering personal seryact. The Bureau has power, under the ices of a kind similar to those of civilian provisions of the said act to issue sub oficers or employees of the United States poenas for and compel the attendance to any department, independent estabof witnesses within a radius of 100 miles, lishment, or agency thereof (including to require the production of books, Instrumentalities of the United States papers, documents, and other evidence, wholly owned by it), without compensato administer oaths, and to examine wit tion or for nominal compensation, in any nesses, upon any matter within the case in which acceptance or use of such jurisdiction of the Bureau.

services is authorized by an act of Con(b) (Reserved]

gress or in which provision is made by (c) All employees of the United States law for payment of the travel or other and other persons who may claim or be expenses of such person. entitled to claim benefits under the said (e) AU definitions appearing in act, and the official superiors of all such the act are applicable with respect to persons, shall be bound by the regula the regulations promulgated under this tions in this subchapter and shall con subchapter. form to the procedure prescribed in said (f) In the case of employees of the act and in the regulations under this Canal Zone Government and the Pansubchapter. The term “official superior," ama Canal Company, the Federal Emas used in this subchapter, includes all ployees' Compensation Act is adminisofficers and employees having respon tered by the Governor of the Canal Zone; sible supervision, direction or control of and inquiries pertaining to such covercivil employees, others employed in the age and eligibility should be directed to service of the Federal Government or the Governor of the Canal Zone. the government of the District of Co

(13 F.R. 7668, Dec. 10, 1948, as amended at lumbia, and other persons performing 14 FR. 7374, Dec. 9, 1949; 35 F.R. 1284, Jan. service for the United States within the 31, 1970; 36 F.R. 8936, May 15, 1971) purview of said act and all acts in amend

$ 1.2 Notice of injury. ments, substitution or extension thereof. For the purposes of the regulations in

(a) Whenever any injury is sustained this subchapter the term "employee" as

by an employee of the United States used in this subchapter shall include all while in the performance of his duty, he civil officers and employees of all

shall immediately give written notice to branches of the Government of the

his official superior. If the injured emUnited States (including officers and em

ployee is unable to give such notice, it ployees of instrumentalities of the United

may be given by someone in his behalf. States wholly owned by the United

Form CA-1 and 2 (Front), Employee's States), employees of the government of

Notice of Injury and Occupational Disthe District of Columbia (except mem ease, is provided by the Bureau for this bers of the Police and Fire Departments

purpose. Unless written notice of injury of the District of Columbia), members

is given within 48 hours or unless the of the Reserve Officers' Training Corps,

immediate superior has actual knowlan individual appointed to the staff of a

edge of the injury within that time, comformer President, Civil Air Patrol volun pensation may be refused. For reasonteers, Peace Corps volunteers, Job Corps

able cause the Bureau may accept writenrollees, Youth Conservation Corps en

ten notice of injury given later than 48 rollees, Volunteers in Service to America,

hours, but not later than 1 year after members of the National Teachers' the injury. (See $ 1.13 for walver of limiCorps, members of the Neighborhood tation provision.) Youth Corps, student employees as de (b) Whenever such an injury comes to fined in 5 U.S.C. 5351, employees of the the knowledge of the injured employee's Canal Zone and the Alaskan Railroad, official superior, a record of the cause,

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